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1961 Supreme(SC) 340

K.N.WANCHOO, K.C.DAS GUPTA, J.C.SHAH
Rama Shankar Singh – Appellant
Versus
State Of W. B. – Respondent


Advocates:
D.N.MUKHERJI, Nuruddin Ahmed, P.K.BOSH, P.K.MUKHERJI, PRITAM SINGH SAFIR

Judgment

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 town of Howrah suffered incised and punctured injuries and died in consequence thereof. 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 committing offences punishable under Ss. 148, 302 and 302 read with 149 of the Indian Penal Code. The jury brought a unanimous verdict of guilty against appellants Ram Shankar Singh, Bimala and Sudama Singh for offences punishable under Ss. 148, 302 and 302 read with 149 of the Indian Penal Code and against Ramnarayan Missir for offences punishable under Ss. 148 and 326 read with 149 of the Indian Penal Code and a verdict of not guilty against Depali wife of Ramnarayan Missir. The Sessions Judge accepted the verdict and sentenced the appellants, subject to confirmation by the High Court, to suffer the penalty of death and Ramnarayan Missir to suffer rigorous imprisonment for 10 years, and acquitted Depali. The reference for confirmation of death se























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