RAM BABU JADAV Vs. EMPEROR

JUDGEMENT

(1.) On the morning of 5 July 1936 a loud explosion took place in a house occupied by Bamkishun Lai in Patna City. The house is situated on the bank of the river Ganges close to the Khaje Kalan Ghat which is leased to a contractor. Ramkishun and Badhekishun are in charge of the ghat under the lessee, One Mohiuddin who heard the explosion tried to enter the house but was not allowed to do so. He proceeded to the Khaje Kalan thana a quarter of a mile distant, where he lodged a first information at 11-30 A.M. Sub-Inspector S.M. Ishaque reached the spot shortly afterwards and found the door of the house closed. He pushed the door open and went inside where he found Ramkishun Lai. He also found Ramkishun 9 son Ragho Prasad, who is a student of the Patna City School and is one of the appellants before us, injured and bandaged. He recorded the statements of both these persons, and meanwhile the Assistant Superintendent of Police, Patna City, also arrived. The Assistant Superintendent of Police and the Sub-Inspector inspected the room said to have been occupied by Ragho Prasad and found damage to the furniture, pictures, ceiling cloth and walls. They recovered a gamcha (Ex. 5) which was torn and showed marks of burning, and they also found yellow marks on a chauki in the room and on the durries and elsewhere. They heard that other articles had been this own away at the riverside, and they proceeded there accompanied by one Thakur Kurmi, a servant of Ramkishun Thakur pointed out a place where the police officers covered, from the river bank and from under the water, a pocket) book (Ex. 9) and other articles. On a search of Ragho Prasad's room, further articles were recovered including a notebook (Ex. 16), an account book (Ex. 23) and a manuscript speech (Ex. 24). The same day the houses of Panna Lai and Sam Babu, who are the remaining appellants before us, were searched, and both of them were arrested. They also are students of the Patna City School of about the same age as Ragho Prasad.

(2.) In the case of Panna Lal witnesses have been examined to prove that he brought a bundle to the room of Ragho Prasad shortly before the explosion and that he returned there shortly afterwards. At about 2 P.M. a doctor examined Ragho Prasad in Patna City hospital, and found lacerated wounds on the right side of the body, and slighter marks of injury on the right side of the neck and the face. There were indications that these injuries had been caused as a result of some kind of explosion.

(3.) The next day, 6 July, Ragho Prasad made a statement in hospital to Sub- Inspector Abdul Hafiz of the Malsalami thana with the result that search was made at a house in Sabalpur on the outskirts of Patna City, which is said to be a garden house belonging to the father of Ram Babu. From the house was recovered a stone slab (Ex. 1) and from the compound a piece of wood (Ex. 49) and a rag (Ex. 48). Some books were also recovered from an almirah in the house. Articles recovered fro the various searches were sent to the Inspector of Explosives and found to contain traces of red sulphide of arsenic, chlorate of potassium and sulphur, such as are used for making explosives.