BHAMAR SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal under Clauses (b) and (c) of Section 411A (1) of the Code of Criminal Procedure. The appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life upon a trial held by the High Court with the aid of jury in the exercise of its original criminal jurisdiction.

(2.) The facts that led to the trial are, briefly stated as follows: The appellant Bhamer Singh was the head durwan in the office of Sahu Jain and Co. at 11. Clive Row, Calcutta, the other durwans of the establishment being Bhagwan Singh, Swai Singh and the deceased Jasowant Singh. The company had a D.B.B.L. gun for being displayed by the durwans when on duty during day time. The retainer licence of the gun was in the name of Swai Singh alone, so, as a matter of fact, the gun used to be displayed during his turn of duty only. The gun and a belt of cartridges when not required for being displayed used to be kept in the accounts room on the second floor of the building. The head durwan Bhamar Singh also used to sleep at night on the second floor. Mr. K. P. Vaid, the caretaker of the building, had his quarters on the top floor, that is to say the fifth floor of the building. Some of the menial staff also used to live there. On the ground floor as one enters the building from Clive Row through the main door one would come to an entrance hall, and find on his right hand side a wooden counter. Beyond this hall there is another room at the northern end of which there are two lifts. The two rooms are separated by a glass panelled swing door.

(3.) On the 1st of December 1962 there was a quarrel between the appellant Bhamar Singh and the deceased Jaswant Singh. In the course of this quarrel Bhamar Singh tried to assault Jaswant Singh with an iron rod. There was departmental enquiry by the security officer of the company over this matter and Bhamar Singh was found guilty of misconduct. Thereupon Bhamar Singh resigned his job but subsequently on his apologising he was taken back to his post by the company.