RAM SUMER AHIR Vs. EMPEROR

JUDGEMENT

(1.) The appellants were charged with offences under Secs.147, 148, 302 and 147/109, Indian Penal Code. They were tried with two other accused by the Additional Sessions Judge at Alipore and a jury. Ram Sumer Ahir alias Matabadal was convicted of offences under Sections 148 and 323, and sentenced to imprisonment for two years and one year respectively, to run consecutively; the other appellants were convicted under Section 147 and sentenced each to imprisonment for two years, and the other two accused were acquitted.

(2.) The case for the prosecution was, that the complainant Mr. J. Choudhury, who is a member of the English Bar, an Advocate of the Calcutta High Court, Editor of the Calcutta Weekly Notes and a respected citizen of Calcutta, is the owner of certain property called Nos. 1, 2 and 3 Sarba Mangala, Hat Lane. He obtained a civil Court decree for ejectment and vacant possession against one Ram Gopal, and on 3 July 1932 the Nazir having obtained specific instructions from the Court, removed the furniture and live-stock into the road adjoining and gave vacant possession to Mr. Choudhury's pleader, Mr. Manujendra Dutta, and his accountant Sanat Kumar Bose, and they locked up the premises, erected fences and put two Nepali durwans in charge. Later the same day, one of the accused who was acquitted, Gobinda Singh, the father of Ram Gopal, came with others, broke the locks and the fences, chased the Nepali durwans away, and put back into the premises some of the furniture and cattle which had been removed by the Nazir. Mr. Choudhury reported these matters to the police at Chitpur saying that he had given orders to replace the locks, and asked for protection, and that Gobinda be warned not to trespass on the premises. Owing to the Bath Jatra holiday, the police did nothing until 7 July.

(3.) The decree for ejectment was the culminating step in a long series of harassing proceedings which Mr. Choudhury had been compelled to institute in order to enforce his rights against Govinda. In 1920 Govinda had mortgaged these and other properties to Mr. Choudhury for about a lakh of rupees. In 1925 Mr. Choudhury obtained an order for possession and the Nazir had to forcibly eject Gobinda's tenants. The premises remained vacant under guard until 1927, when Mr. Chaudhury allowed Earn Gopal to re-enter on agreeing to re-purchase the properties, but he failed to pay, which resulted in another suit, followed by further proceedings in ejectment. Later in 1927 Mr. Choudhury obtained a mortgage decree for 1? lakhs, and brought the properties to auction in part execution of the decree out of which Gobinda still owes him Rs. 13,000.