RAMSUMIRAN PANDE Vs. EMPEROR

JUDGEMENT

(1.) The appellant Ramsumiran Pande together with one Awadhram were tried by the learned Sessions Judge of Saran assisted by four assessors upon a charge under Section 328, Indian Penal Code. All the assessors were of opinion that Awadhram was guilty of an offence under that section, whereas three assessors were of opinion that Ramsumiran Pande was also guilty under that section, the fourth assessor being of opinion that Ramsumiran Pande was not guilty. The learned Sessions Judge, agreeing with the four and three assessors, convicted both the accused persons and sentenced each of them to undergo a term of five years rigorous imprisonment, the sentences to commence on the expiry of other sentences of imprisonment which the accused were then undergoing. Awadhram has not filed an appeal from his conviction, and this appeal is confined solely to the case of Ramsumiran.

(2.) The two accused persons were charged with having administered dhatura to two persons named Bansi Chamar and Mangru Chamar with intent to rob them, and the facts upon which the prosecution was based can be shortly stated as follows:

(3.) Bansi Chamar is a resident of the Gorakhpur District, whereas Mangru comes from Basti in the United Provinces. Both had been working in Calcutta and left Calcutta for their homes on 12 May 1938. They purchased two third-class tickets from Howrah to Gorakhpur and entrained at Howrah between 8 and 9 P.M., that night and reached Mokamah on the following morning. Here they detrained as they had to cross from Mokamah Ghat to the north side of the Ganges in order to catch a train to Barauni and Sonepur. At Mokamah Ghat it is said that the two accused Ramsumiran and Awadhram accosted Bansi Chamar and Mangru Chamar and entered into conversation with them. They told these two men that they were going to a place to the north of Gorakhpur, and they suggested that they should all travel together. On reaching the north bank of the Ganges the two Chamars and the two accused persons entered the same compartment at Semaria Ghat and travelled to Barauni. According to the prosecution, Awadhram made a few inquiries from which he obtained information that both Bansi and Mangru had money in their possession. When the train reached Barauni, it is said that the accused suggested that they all might detrain there, take their meal and resume their journey later. Bansi and Mangru did not agree to this proposal and said that they would continue their journey as they had food with them. Thereupon the two accused persons gave up any intention of leaving the train at Barauni and continued their journey with Bansi and Mangru until they reached Sonepur between 8 and 9 P.M. in the evening. At Sonepur Awadhram again suggested that the party should break its journey to enable them to obtain freshly cooked food. Apparently an Express train would take them to Gorakhpur some three hours later. Bansi and Mangru agreed to this proposal, and all four left the station and went to a well nearby. The accused obtained two annas from Bansi for the purpose of buying flour, potatoes and fuel, and having purchased these articles the accused persons prepared a meal consisting of Litti (atta cakes) and Chokha (potato paste). Bansi and Mangru began eating the Litti and Chokha, and according to them the Chokha tasted somewhat bitter. They mentioned it, but the accused made light of the matter and urged them not to leave any of the Chokha uneaten aa it had been offered as bhog to Shankarji. Bansi and Mangru had a good meal of the Litti and Chokha, and as soon as they had finished, they became thirsty and restless and discovered that their tongues were swollen. Later, they felt giddy, and Awadhram suggested that they might, rest a little. Mangru and Bansi lay down, and shortly afterwards they overheard the two accused persons talking and suggesting that the time had come to relieve the two Chamars of their belongings as they appeared to be intoxicated. On hearing this, Bansi and Mangru picked up their belongings and went off towards the station. After that they became unconscious. They were found on the Sonepur platform behaving in a somewhat strange manner, and a constable reported the fact to the thana. The Assistant Sub-Inspector went to the station and found Bansi and Mangru in a strange condition with their baggage beside them. Their clothing was searched, and it was found that each had a considerable sum of money on his person. The two men were sent to the railway hospital for medical attention, and the doctor in charge who examined them found that they had symptoms of dhatura poisoning. Samples were taken of the washings from their stomachs, and both were sent to the Chapra hospital for further treatment. The stomach washings were sent to the Chemical Examiner at Calcutta, and his report shows that the washings contained atropine which is the active principle of dhatura and Belladonna poisoning. On the following day, these two men recovered consciousness and investigation began. Later the two accused persons were arrested and were put up for identification at Gonda Jail. It is to be observed, however, that whereas Bansi identified Awadhram only Mangru could identify neither. It follows, therefore, that at the test identification the present appellant was not identified by either of the two persons concerned. As I have stated, the incident occurred on 13 May 1938, and the identification parade took place on 20 August 1938, three months afterwards. It will be important to remember that within three months of the incident neither Bansi nor Mangru could identify Ramsumiran.