NATHU CHAUDHURY Vs. EMPEROR

JUDGEMENT

(1.) The four petitioners have been convicted under Section 506, I.P.C., and have been sentenced to undergo rigorous imprisonment for one year each. Their appeal has been dismissed by the learned Sessions Judge. The facts of the case are that the motor car of a certain Magistrate was damaged by the elephant of a rich zamindar, Janki Raman Misser, and a case was thereafter run against the zamindar, as master of the elephant, under Section 289, I.P.C. This case was eventually withdrawn after a transfer to another district, an apology having been made for the incident.

(2.) On 10 July 1939, while the case was pending ten witnesses came to the Court at Laheriasarai to be examined, and the same day a joint petition was filed by all ten before the Sub-Divisional Officer in the following terms: The facts for submission are that we are witnesses in the case Emperor V/s. Janki Raman Misser. One Nathu Chaudhury, servant of Janki Raman Misser was saying in presence of Sheikh Tabarak of village Rajkha, Jumrati of village Anar, Biso Mistry, Badri Mistry, Khubi Sahu of village Rajkha, Gulzar of village Anar and Dahaur Chaukidar of village Rajkha and Nathu Mallah, that I will also be killed in the same way as Mahendra Singh, clerk of Anar Factory, was killed and that he was the person who got him killed. Rijhan Misser, Rajnarain Singh and Satruhan Singh and others, his servants, are always threatening us and asking us not to depose in the case. It is therefore prayed before your honour that investigation be made so that I may not be put in danger of my life. The names of witnesses and their thumb marks are on the reverse. This petition was sent to the police with instructions to treat it as a first information. It will be observed that in the petition the only specific charge made is of criminal intimidation on 24 July 1939, against one person, Nathu Chaudhury, petitioner 1.

(3.) The police, however, eventually submitted charge sheet against all four petitioners: against Nathu Chaudhury and Rijhan Misser for criminal intimidation at Laheriasarai on the 24 and against the other two petitioners Rajnarain Singh and Satruhan Singh, for a different incident, namely criminal intimidation of the witnesses said to have taken place on 10 July, at Anar Kothi, the village of the zamindar. The charge framed, upon which the petitioners were convicted was as follows: That you Rajnarain Singh and Satruhan Singh on or about 10 July 1939 and you Nathu Chaudhury and Rijhan Misser on 24 July 1939, at Anar Kothi and Laheriasarai, respectively, committed criminal intimidation by threatening Madhusudan Lal Das, Sheikh Tabarak and others with injury to their person with intent to cause alarm to the said Madhusudan Lal Das and others and thereby committed an offence punishable under Section 506, I.P.C.