JUBBA MALLAH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by three men, who have been convicted by the learned Special Judge of Muzaffarpur of waging war against the King. One of them, Jubba Mallah, has been sentenced to death, and the other two, Rupan Koeri and Subans Jha, to transportation for life. They were also convicted of rioting and of an offence under the Defence of India Rules, but in respect of these convictions, no separate sentences have been imposed.

(2.) At about 5 P.M. on 16 August 1942, a mob of about four thousand persons attacked the police station at Minapur. The police station was, then in charge of Sub-Inspector, L. Waller, who had an assistant Sub-Inspector, Maulavi Maghfurul Haq, and six constables under him. Mr. Waller had, however, been given to understand that the police station was likely to be attacked that day, and he had collected a very considerable body of dafadars and chaukidars in order to defend it. When he saw the mob approaching Mr. Waller ordered his; men to put on their uniforms, and then putting himself at the head of them took up Iris position at the gate of the police station. The mob called on him to surrender, but he made it clear to them that he was determined to resist. As the mob showed no indication of dispersing or withdrawing, he eventually fired into it with a double barrelled gun, with which he had armed himself. Ho was unable to re-load this gun, but succeeded in discharging his revolver a number of times before he was overpowered and badly assaulted. Some of his constables went to his assistance and succeeded in getting him into a verandah of the main building. The mob, then entered the police station and proceeded to destroy the records and furniture in it. They also entered the quarters, occupied by the Sub-Inspector and the assistant Sub-Inspector, and the barrack, occupied by the constables, and destroyed or carried away a good deal of moveable property. One of the men in the mob, who is said to have been the appellant, Jubba Mallah, climbed on the roof of the police station and hoisted a congress flag, which he had been carrying at the head of the mob. The broken furniture and other inflammable materials were collected in a heap in the compound of the police station and fire was set to them. In the meantime, the Sub-Inspector Mr. Waller, and the assistant Sub-Inspector and constables had succeeded in getting out of the police station. Mr. Waller went and hid in a makai field, some 300 yards or so away from it. He was accompanied there by his syce, Matuk Dusadh, who did what he could to relieve his suffering. Apparently, he was bleeding profusely, and had been so badly assaulted that he was unable to get further away. One of the constables, Ghugli Singh, who appears to have used a bhala in attempting to keep the mob out of the police station, was in much the same condition as Mr. Waller, and, like him had also tried to conceal himself in the fields. After the kindling of the fire, some men in the mob appear to have gone in search of the Sub-Inspector and constables. They came across Ghugli Singh, assaulted him further and dragged him back to the police station. Immediately afterwards, other men discovered Mr. Waller. They tied him to a pole, carried him back to the police station and flung him into the blazing fire. According to Ghugli Singh, who was lying within a very short distance of the fire, Mr. Waller crawled out of it but some men in the mob thrust him back into it again with lathis. According to Ghugli Singh, also these or other men proposed that he too should be burnt alive, but eventually, did not throw him into the fire on the ground that Mr. Waller was a Christian and he himself was a Rajput and it was not seemly or proper that the two of them should be burnt in one and the same fire.

(3.) News of the occurrence was brought to Muzaffarpur by Ramnaresh Singh, a literate constable, and Bhola Singh a constable at about 9 P. M. the same night. An Inspector of police at once set out for Minapur, but was compelled to turn back as he found that the road had been breached some three miles or so from Minapur and he was unable to get through, as a great, deal of water was flowing through the breach. It was not until 19 August 1942, that the District Magistrate and some troops succeeded in getting to Minapur. They found the fire still smouldering, and, in it some bones and the silver insignia worn by the Sub- Inspector on his uniform. An investigation was at once started, and, on 31st August 1942, a charge sheet was submitted and subsequently the Government of Bihar sanctioned the prosecution of the appellants and certain other men, some of whom were acquitted, and others of whom although convicted, have not appealed, on a charge of waging war against the King.