HARI BAG Vs. STATE

JUDGEMENT

(1.) These eleven appellants along with eleven other persons were tried by the learned Sessions Judge of Hooghly on charges under Sections 148 and 458 of the Indian Penal Code. The first appellant Hari Bag was tried in the same trial on a charge under Section 302 of the Indian Penal Code. The jury returned a unanimous verdict of not guilty as regards this charge under Section 302 and in accordance therewith the learned Judge acquitted him of the offence. As regards the charge under Section 148 of the Indian penal Code, a majority of the jury -- the majority not being the same in all cases -- returned a verdict of guilty against these eleven appellants. Against six of them, the jury returned a verdict of guilty under Section 452 of the Indian Penal Code. In accordance with the majority verdict, the learned Judge sentenced the appellant Madan Das alias Madan Chandra Das to rigorous imprisonment for one year under Section 148 of the Indian Penal Code and the rest to rigorous imprisonment for two years for the same offence. Appellants Nos. 1 to 6 were sentenced by him to rigorous imprisonment for two years for the offence under Section 452 of the Indian Penal Code. These sentences were directed to run concurrently.

(2.) The prosecution case, as far as one can understand the prosecution case from the confused and confusing statements given by the witnesses as regards what happened, is that on the 6th January 1954 following an altercation that started from some abusive words used by one Hrishikesh, a large number of persons assembled outside the house of Siddhewar Das from about nightfall. The number of persons is estimated by the prosecution to be about 200 to 250 and it is said that they assembled there with burning lights, hurricane lanterns, gas lights and Hassag lamps and demanded that Hrishikesh should come out of the house. After waiting in vain for about three hours for Hrishikesh who had in the meantime slipped from the house by a lane towards the west, these men entered into the house by breaking open the sadar door, ransacked the house in search of Siddheswar and Hrishikesh and ultimately returned without being able to do anything to any of these persons, as Siddheswar had successfully concealed himself either under or behind a stack of straw. Two old women, one aged about 80 and another about 65, were however mercilessly assaulted and Annadamoye, the 65 years old stepmother of Siddheswar died almost instantaneously, of her injuries. Information was lodged at the thana that very night within a few hours.

(3.) The defence of the accused, who pleaded not guilty, was that no occurrence of the nature, as alleged, took place; that it was Siddeswar and Hrishikesh who assaulted and killed Annadamoyee under influence of drink when Annadamoyee remonstrated with them for using bad language when quarrelling with Gadai, Jiten and Mahadeb and that Siddeswar and his advisers have turned that unfortunate incident to their own advantage by bringing a false case against these appellants, with whom they had long standing enmity, with the intention of covering up their own guilt in the same process.