SAMUNDER SINGH Vs. STATE

JUDGEMENT

(1.) Seven persons were arraigned for offences in connection with plunder and murder at the Kanoria house 15, Burdwan Road. Of them one Pratap Singh was tendered pardon and made an approver. At a trial held by an Additional Sessions Judge of 24 Paraganas four of them Samunder Singh, Bhamar Singh, Nandalal Singh and Ruhr Singh have been convicted of dacoity with murder under Section 396 of the Indian Penal Code and sentenced to death. These four have in addition been convicted of conspiracy to commit dacoity with another named Bhur Singh and sentenced under Section 120B/395 of the Code to imprisonment for life. The said Bhur Singh and another called Bhagirath Singh charged respectively under Sections 396/109 and 412 of the Code, for abetment of dacoity with murder and for dishonestly receiving stolen property in the commission of the dacoity, have been acquitted by the trial Judge.

(2.) The convicted persons have appealed. The four condemned men have appeared by counsel, one of whom has, with the court's leave, also appeared for Bhur Singh who has been given life sentence. The sentence of death passed on the aforesaid four men has been referred for the court's confirmation. The reference and the appeals have been heard together and are disposed of by this judgment.

(3.) The Kanorias are prosperous business men residing at 15, Burdwan Road. The house is a large one with spacious grounds. It is reached by a gate leading to a drive across the grounds to the portico where there is a wooden entrance door opening into a flight of staKKKKKKKm on that floor was the scene of the crime; it a young man who assisted his father Ram Sundar Kanoria, the head of the house who run the family business. Ram Sundar used to occupy a room to the south of the room in the occupation of his eldest son the aforesaid Bhagabati Prosad. A younger son used to occupy a room to the north east of Bhagabati's room. The entrance door at the foot of the staircase used to be kept under lock the key of which would be in charge of the durwan on duty. Bhagabati's room had five windows the middle of which was the point of entry of the miscreants. Bhagabati lived in the room with his wife Padma Debi and two children, one of whom was just a baby in arms. The Kanorias maintained a large retinue of servants, drivers and durwans. The appellants Nandlal Singh and Ruhr Singh were two of the durwans in the employ of the Kanorias at the relevant time.