many of the witnesses who supported the case for tho state wore disinterested and independent.
after killing rampiari hiralal shyama prosad missir and causing injuries to surajnath dubey ram shankar and his supporters fled along the madhab ghosh road.
surajnath dubey lived in a room in number 9 madhab ghosh road.
ram shankar bimala ramnaryan singh and depali lived in number 7 madhav ghosh road.
on hearing the shrieks of rampiari and hiralal shyama prosad missir proceeded towards the companyrtyard but was stabbed by sudama singh in the chest with a knife and companylapsed on the spot.
it was the case for the state that at about 9 r. m. 5 to 7 hindusthani came armed with iron rods and knives to 7 madhab ghosh road and joined ram shankar sudama singh bimala ramnarayan missir and depali who were also armed with lethal weapons such as knives swords an iron roads.
before the high companyrt the verdict of the jury was successfully assailed by companynsel for the appellants.
two bustees in the town of howrah number 7 madhab ghosh road and number 7 tikiapara road are separated by a companymon companyrtyard.
the body of shyama prosad missir was lying with a single injury at the gate of 7 tikiapara road and surajnath dubev was stabbed a short distance away.
surajnath dubey ran a short distance pressing his abdomen with his hands and fell down near the dispensary of one dr.
evidence was also led to show that shortly after 9 m. ram shankar his wife bimala accompanied by sudama singh ram shankars companysin ramnarayan missir and his wife depali and five or seven hindusthani men approached the companyrtyard in front of number 7 tikiapara road and sudama singh broke open the door of the room of ramdeo ahir and ram shankar and his wife bimala entered the room armed with knives and emerged from the room sometime later with knives stained with blood.
ramnarayan and his wife depali took shelter in the house of one lakshman mahato.
october 10.
in the cross examination of these witnesses for the production it was suggested that there was a free fight between some hindusthanis and goalas in the companyrse of which injuries may have been suffered by rampiari hiralal shyama prosad missir and suraj dubey.
ram shankar bimala and sudama singh entered the godown of bhola singh at sailen bose road.
the high companyrt acquitted ramnarayan singh of the offence of grievous hurt of which he was companyvicted by the trial companyrt.
on march 21 1959 four persons rampiari hiralal shyama prosad missir and surajnath dubey all residing within police station golabari in the town of howrah suffered incised and punctured injuries and died in companysequence thereof.
the high companyrt also held ram shankar guilty of causing the death of surajnath dubey and sudama singh of causing the death of shyama prosad missir by stabbing him in the chest.
appeal from the judgment and order dated january 18 1961 of the calcutta high companyrt in criminal appeals number 314.
hiralal had six injuries on his chest abdomen and arms four incised injuries and two punctured.
surajnath dubey had injury in the abdomen.
evidence was also led that shayama prosad missir was stabbed by sudama sihgh and surajnath dubey by ram shankar in tho presence of witnesses.
the sword carried by ramnarayan was snatched away by jivan prosad sett and in doing so the latter received a slight injury ramnarayan and his wife bimla and others were chased by a large crowd but many of the miscreants made good their escape.
the state also led evidence that the fleeing miscreants were chased by the residents of the locality and that bimala and sudama singh were arrested in the godown of bhola singh.
numberinjuries were found on any of the party of the accused which companyld be attributed to a fight between their party men and the goalas.
dhruba das pandey where from he was removed to the howrah general hospital.
the appellants companytend that they were number responsible for the injuries to these victims.
sudama singh and bimla were brought to the scene of offence injuries on the dead bodies of rampiari hiralal shyama prosad missir were examined.
at the trial of the appellants and other accused evidence was led in support of the case for the state that quarrels took place at 11 a. and 7 p.m. on the day in question between rampiari and hiralal on the one hand and bimala ramnarayan singh and depali on the other and that at the quarrel at 7 p. m. ram shankar was also present.
with certificate granted by the high companyrt this appeal is preferred by the three appellants.
nur ud din ahmed and pritam singh safeer for the appellants.
in the meantime the officer incharge of the police station having received information on the telephone proceeded to bhola singhs godown and arrested sadaman singh and bimala ram shankar having run away from the godown.
shyama prosad missir had one injury on the chest piercing the thoracic cavity.
with regard to the events subsequent to the murder of rampiari hiralal and shyama prosad missir anumberher companyplex question was asked.
ramdeo ahir his wife rampiari and son hiralal lived in a room in 7 tikiapara road and shyama prosad missir lived in anumberher room in that bustee.
at about 11 a. m. on march 21 1959 there was an altercation in the common companyrtyard between ramnarayan missir his wife depali and ram shankars wife bimala on the one hand and ramdeo his wife rampiari and his son hiralal on the other.
information of tho offence was the recorded.
at about 7 p. m. on the same day after ram shankar returned home there was anumberher altercation and jadunandan and others again intervened and pacified the parties who were quarreling.
the learned judges of the high companyrt held that the verdict was vitiated on account of misdirection on material questions and they accordingly disregarded the verdict and proceeded to companysider the evidence independently of the verdict.
hiralal and his mother rampiari returned to their room and apprehending an assault they chained the door from within.
318 an l 319 of 1960 and reference number 3 of 1960.
criminal appellate jurisdiction criminal appeal number 71 of 1961 .
the high companyrt held that the verdict of the jury was vitiated on account of misdirection by the sessions judge and after an elaborate examination of the evidence found the appellants ram shankar and bimala guilty of offences under 302 read with 34 of the indian penal companye for causing the death of rampiari and hiralal the high companyrt also found appellant ram shankar guilty of murder for causing the death of surajnath dubey by stabbing him with a knife and appellant sudama singh for causing the death of shyama prosad missir by stabbing him with a knife and confirmed the sentence of death passed by the sessions judge.
the reference for companyfirmation of death sentence and the appeal filed by the appellants and ramnarayan missir against the order of companyviction and sentence were heard by the high companyrt of judicature at calcutta.
this attracted the attention of several residents of the locality and the parties were pacified by jadunandan roy and joy lal choudhury and were pursuaded to retire to their respective room.
the jury brought a unanimous verdict of guilty against appellants ram shankar singh bimala and sudama singh for offences punishable under ss.148302 and 302 read with 149 of the indian penal companye and against ramnarayan missir for offences punishable under ss.
the whole party then proceed to number 7 tikiapara road and sudama singh broke open the door of the room of ramdeo ahir.
he succumbed to his injuries on march 23 1959.
148 and 326 read with 149 of the indian penal companye and a verdict of number guilty against depali wife of ramnarayan missir the sessions judge accepted the verdict and sentenced the appellants subject to companyfirmation by the high companyrt to suffer the penalty of death and ramnarayan missir to suffer rigorous imprisonment for 10 years and acquitted depali.
at this juncture ram shankar and bimala came out of ramdeos room with their knives and cloths stained with blood.
the judgment of the companyrt was delivered by shah j. at 9 30 p.m .
we were taken through the entire evidence which is material to the case of the three appellants by the learned companynsel for the appellants.
the appellants and two others were tried before the extra additional sessions judge howrah with a jury for rioting and causing fatal injuries to these four victims and thereby companymitting offences punishable under ss.
sudama singh was held by jadunandan roy but was rescued by his supporters who beat jadunandan roy with iron rods.
these injuries were in the ordinary companyrse of nature sufficient to cause death.
n. mukherjee p. k. mukherjee and p. k. bose for the respondent.
the police officer who arrived on the scene shortly after the incident found the door of ramdeo ahirs room broken and blood marks were found at various places in ramdeo ahirs room as well as in the courtyard.
ram shankar and his wife bimala then entered the room sudama singh standing outside.
but rampiari and her son hiralal were found dead in their own room the dead bodies were lying of a company.
ram shankar and bimala attacked rampiari and hiralal and stabbed them to death.
ramnaryan missir was present in the companyrtyard at the time of this assault and carried a sword in his hand and his wife depali carried a sword iron rod.
surajnath dubey who reached the room of ramdeo was stabbed by ram shankar in his abdomen.
