EMPEROR Vs. SHEONATH RAM

JUDGEMENT

(1.) This is a reference for the confirmation of the sentence of death passed on Sheonath Ram, Havildar, and Rambilas Rai, constable, for the murder of one Nageshwar Kalwar. The condemned persona have preferred an appeal, and the appeal and the reference have been heard together.

(2.) There is a police outpost in Mahalla Katahri Bagh of the Chapra town. It was established after the last communal disturbances. The appellant 1 Sheonath Earn was the Havildar is charge of the outpost, and appellant 2 Rambilas was a constable posted there. Besides Rambilas Rai, the Havildar had nine other constables, under him and this police outpost had been given ten rifles of 303 bore and 200 rounds of ammunition. There is a Girls School close to the outpost, and girls of respectable families were the students of this institution. The mistresses of the school used to pass by a road which is just by the side of the outpost.

(3.) On 4-9-1947, the deceased Nageshwar Kalwar and one Babban Prasad appeared before the President of the Town Congress Committee with a petition, which was signed by seven persons, and in this petition it had been alleged that the policemen posted at the outpost had been behaving indecently wife the girls and the mistresses, and that they had threatened those who had protested against their conduct.