BANSROPAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) On 5 August 1936 Gupteswarnath Tewary, a native of Shahabad district, who had instituted in the Court of the Munsif of Kohima in the Naga Hills Civil Suit No. 77 of 1936 for recovery of Rs. 3,472 against Bansropan Singh and Ramraj Singh of Dalsagar in Shahabad, obtained from the Munsif under Order 38, B. 1 a warrant for the arrest of Bansropan Singh which was directed to the District Judge of Shababad. On 6 October 1936 the plaintiff obtained a second warrant of arrest before judgment against Ramraj Singh which the Munsif of Kohima endorsed to the Munsif of the second Court at Buxar. Attempts were made to execute the warrants without success until the District Judge of Shahabad asked the Superintendent of Police for the assistance of constables in executing the warrants.

(2.) In the early morning of 5 December 1936 the Civil Court peon with three constables approached Bansropan Singh's house where they found Ramraj Singh. The peon informed Ramraj Singh that he had a warrant of arrest against him, and asked him if he would satisfy the claim, whereupon Ramraj Singh attempted to run away, but the peon caught him. Ramraj Singh shouted for help; and Bansropan Singh came up with a dagger with which he wounded the constable Ramanugraha Singh; police constables Ramanugraha Singh and Kuer Singh tackled Bansropan Singh whom they captured. They then bound his hands with Ramanugraha Singh's muretha. Bansropan Singh cried out for help, calling out Biswanath Singh. Biswanath came up with a dagger with which he wounded the constable Ramkripal Singh. He was followed by about fifteen men armed with lathis, one of whom, Rajnath Rai, struck the peon Radha Prasad Pande and the constable Ramswarath Singh with his lathi while the whole body rescued Ramraj Singh and Bansropan Singh from custody. Bansropan Singh, Biswanath Singh and Rajnath Rai with a number of other men who had taken part in the rescue were placed on their trial before the Subdivisional Magistrate of Buxar on various- charges. Bansropan Singh and Biswanath were charged with having been members of an unlawful assembly armed with daggers; they were charged with the offence punishable under Section 148, I.P.C., and also with causing hurt to the constables with the daggers, thereby committing the offence punishable under Section 324 of the Code. Rajnath Singh was charged with causing hurt to the peon and the constable with his lathi and he and the rest of the accused were charged with rioting. All the accused were charged with resistance to the lawful apprehension of Bansropan Singh and Ramraj Singh, and with bringing about their escape, thereby committing an, offence punishable under Section 225-B, I.P.C. Bansropan Singh, Biswanath Singh and Rajnath Rai were also charged with the offence punishable under Section 353, I.P.C.

(3.) The Sub-divisional Magistrate convicted the accused of the offences charged and sentenced each of them to six months rigorous imprisonment under Section 225. B.I.P.C. He sentenced Bansropan Singh and Biswanath Singh to one year's rigorous imprisonment under Section 148 of the Code; he also convicted them of the offence punishable under Section 324 of the Code, and further convicted them with Rajnath Rai of the offence punishable under Section 353, but passed no separate sentences for these offences. The rest of the accused were sentenced each to six months rigorous imprisonment under Section 147; while Rajnath Rai was also convicted of the offence punishable under Section 323, but no separate sentence was passed against him. The convicted persons appealed to the Sessions Judge of Shahabad who dismissed their appeal.