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.
Surajnath Dubey had an injury in the abdomen.
Two bustees in the town of Howrah No.
Ramnarayan and his wife Bimala and others were chased by a large crowd, but many of the miscreants made good their escape.
Shyama Prosad Missir had one injury on the chest piercing the thoracic cavity.
148 and 326 read with 149 of the Indian Penal Code and a verdict of number guilty against Depali wife of Ramnarayan Missir.
Ram Shankar also stabbed Suraj Dubey when he attempted to protest against his companyduct.
Sudama Singh, besides breaking open the door of Ramdeo Ahirs room to facilitate the entry by Ram Shankar and Bimala stabbed Shyama Prosad Missir when the latter tried to intervene.
The assault upon the members of the family of Ramdeo Ahir was companyceived and initiated with deliberation, and with the object of slaughtering a defenceless woman and her young son.
At this juncture Ram Shankar and Bimala came out of Ramdeos room with their knives and clothes stained with blood.
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 Court of judicature at Calcutta.
At about 11 A.M. on March 21, 1959 there was an altercation in the companymon 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.
The High Court 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 s. 302 read with 34 of the Indian Penal Code for causing the death of Rampiari and Hiralal.
The High Court, acquitted Ramnarayan Singh of the offence of grievous hurt of which he was companyvicted by the trial companyrt.
Evidence was also led that Shayama Prosad Missir was stabbed by Sudama Singh and Surajnath Dubey by Ram Shankar in the presence of witnesses.
It was the case for the State that at about 9 P.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 and iron rods.
In the meantime, the officer incharge of the police station having received information on the telephone proceeded to Bhola Singhs godown and arrested Sudama Singh and Bimala, Ram Shankar having run away from the godown.
Surajnath Dubey who reached the room of Ramdeo was stabbed by Ram Shankar in his abdomen.
He succumbed to his injuries on March 23, 1959.
Ramnarayan Missir was present in the companyrtyard at the time of this assault and carried a sword in his hand and his wife Depali carried an iron rod.
But Rampiari and her son Hiralal were found dead in their own room the dead bodies were lying on a company.
The sword carried by Ramnarayan was snatched away by Jiban Prosad Sett and in doing so the latter received a slight injury.
Sudama Singh and Bimala were brought to the scene of offence and injuries on the dead bodies of Rampiari, Hiralal Shyama Prosad Missir were examined.
Ram Shankar, Bimala and Sudama Singh entered the godown of Bhola Singh at Sailen Bose Road.
At about 7 P.M. on the same day, after Ram Shankar returned home there was another altercation and Jadunandan and others again intervened and pacified the parties, who were quarelling.
In the cross examination of these witnesses for the prosecution, 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.
7 Madhab Ghosh Road and No.
With certificate granted by the High Court this appeal is preferred by the three appellants.
Surajnath Dubey ran a short distance pressing his abdomen with his hands and fell down near the dispensary of one Dr. Dhruba Das Pandey wherefrom he was removed to the Howrah General Hospital.
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.
The Sessions Judge accepted the verdict and sentenced the appellants, subject to companyfirmation by the High Court, to suffer the penalty of death and Ramnarayan Missir to suffer rigorous imprisonment for 10 years, and acquitted Depali.
7 Tikiapara Road are separated by a companymon companyrtyard.
The High Court 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 companyfirmed the sentence of death passed by the Sessions Judge.
Ram Shankar and Bimala attacked Rampiari and Hiralal and stabbed them to death.
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.
The learned Judges of the High Court 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.
The knife carried by him is number found blood marks found on his dhoti are also number proved to be human in origin, but, having regard to the evidence of the eye witnesses, which is both independent and disinterested, we see numberreason to disagree with the view of the High Court that Sudama Singh was present at the scene of offence and he broke open the door of Ramdeo Ahirs house to facilitate the entry of Ram Shankar and Bimala to murder Rampiari and Hiralal and that he stabbed Shyama Prosad Missir with a knife.
Information of the offence was then recorded.
Ramdeo Ahir, his wife Rampiari and son Hiralal lived in a room in 7 Tikiapara Road and Shyama Prosad Missir lived in another room in that bustee.
9 Madhab Ghosh Road.
Evidence was also led to show that shortly after 9 P.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 No.
Innocent persons who intervened were mercilessly stabbed and killed.
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.M. 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.
7 Madhab Ghosh Road.
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 No.
Ram Shankar and his wife Bimala then entered the room, Sudama Singh standing outside.
The body of Shyama Prosad Missir was lying with a single injury at the gate of 7 Tikiapara Road and Surajnath Dubey was stabbed a short distance away.
Ramnarayan and his wife Depali took shelter in the house of one Lakshman Mahato.
The whole party then proceeded to No.
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 rooms.
Hiralal had six injuries on his chest, abdomen and arms four incised injuries and two punctured.
Ram Shankar, Bimala, Ramnaryan Singh and Depali lived in No.
Sudama Singh was held by Jadunandan Roy, but was rescued by his supporters who best Jadunandan Roy with iron rods.
1 and 2 Ram Shankar and his wife Bimala were guilty of offences punishable under s. 302 read with 34 of the Indian Penal Code for causing in furtherance of their companymon intention death of Rampiari and and Hiralal in the room of Ramdeo Ahir.
Ram Shankar and Bimala forceably entered the house of Ramdeo Ahir and killed Rampiari and Hiralal.
Before the High Court the verdict of the jury was successfully assailed by companynsel for the appellants.
Hiralal and his mother Rampiari returned to their room and apprehending an assault they chained the door from within.
7 Tikiapara Road and Sudama Singh broke open the door of the room of Ramdeo Ahir.
The High Court 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.
They held that appellants Nos.
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.
Shah, J. At 9.30 P.M. on March 21, 1959, four persons Rampiari, Hiralal, Shyama Prosad Missir and Surajnath Dubey all residing within Police Station Golabari in the twon of Howrah suffered incised and punctured injuries and died in companysequence thereof.
