THE MURDER OF THE MAHATMA And Other Cases from a Judge's Notebook

This is a book of memoirs by a very distinguished Indian Judge who in 1959 was promoted to the office of Chief Justice of the Punjab. It is largely taken up with criminal cases--of arson, dacoity, poisoning, vendetta, and so on-in which the author was personally concerned as a judge. Fascinating in themselves, these accounts are made the more interesting by the author's humorous and penetrating comments upon various features of Indian crime-the brilliant gift for perjury which some of his countrymen display, the long-term village feuds that every now and then explode into violence, the subtlety with which alibis are faked- and false identities assumed. The book ends with an authorita.tive and moving account of the murder of Gandhi, at whose assassin's long drawn appeal against conviction and sentence of death the author sat ou the Bench. Gopal Khosla's book will prove of great interest, both to experts in criminology and the Law, and to every layman who loves reading about the vagaries of humaQ nature and the customs of other lands.

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THE MURDER OF THE MAHATMA I

And Other Cases from a Judge's Notebook

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G. D. KHOSLA Formerly Olief Justice of the Punjab

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With a Foreword by Lord Evershed

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JAICO PUBLISHING HOUSE 125, Mahatma Gandhi Road. BOMBAY-!

© by G. D. KHOSLA, 1963 All rights reserved

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The MUl'dH of the Mahatma aDd other Cases fl10m a Judge's notebook Complete & unabridged By arrangement with Chatto & Windus Ltd.

London

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First Jaico impression: 1965 Second Jaico impression: 1968

Reprinted in India by N. M. Kothari at Rang Bharati Todi E"tate, Sun Mill Compound Lower Parel, Bombay-13

Published in India by Jaico Publishing Houie , 125 Mahatma Gandhi Road Bombny-l

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To KHUSHWANT

" the Mahatma and other fl10m a Judge's notebook Complete· & unabridged . ith Chatto & Windus Ltd.

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London

','at J aico impression: 1965 ind J aico impression: 1961

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Reprinted in India by N. M. Kothari at Rang Bharati Todi Estate, Sun Mill Compound Lower Parel, Bombay-13

--Published in India by J aico Publishing House 25 Mahatma Gandhi Road BombBy-l

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CONTENTS

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1 A Hanging and a Case of Arson ,(~~~ I

2 First Information Report

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3 A Case of Poisoning

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4 New Wine and Old Bottles 5 The Evidence against Palvindcr Kaur 6 Imperfect Alibi

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Change of Identity

121 141

8 Patterns of Murder

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The Mukerian Dacoity

10 The Crime of Nathuram Godse

198 226

FOREWORD By The Rt.

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The Lord Evershed, P.e.

I AM proud indeed to have been invited to contribute a foreword to this volume written from the record of his judicial experience by a distinguished Indian judge, until recently Chief Justice of the Punjab. I can feel no doubt that the book will very greatly appeal to English readers who will agree with me in admiring not only the style and language in which it is written but also the skill with which the author has selected the subjects of his ten chapters. These. subjects are delightfully varied in their nature and circumstances but are equally of arresting interest, so that (if I may judge from my own experience) the reader will in each case await the final denouement with no less excitement than that experienced in reading the best type of detective story. My pleasure in contributing this foreword is enhanced by the fact that I share with the author membership of Lincoln's Inn, which I shall be excused for regarding not only as the senior but as the most respectable of those great English institutions, the Inns of Court. Having taken a degree at Cambridge University in mathematics and after his call to the English Bar the author returned to India and for many years served as Magistrate, Civil Judge and District and Sessions Judge in various places. In 1944 he was appointed a Justice of the High Court of Punjab, being promoted to the office .~ of Chief Justice in 1959. It is from the last of ten chapters of the book that its title is taken; and to the English reader that chapter must be of particular interest because of its cIos~ connection with the assassination of Mahatma Gandhi. In the· course

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of the chapter the author tells of his experience when hecalled upon the Mahatma and sought his advice in regard to certain of the grave problems which afflicted India as the result of the severance of Pakistan therefrom. On that occasion the author states his conclusion that Mr. Gandhi had 'one passion, one source of strength within him, and that was a deep and pervading feeling of love. He loved Hindus and Muslims, Sikhs and Christians alike.' There is here indeed an obvious nearness to the second great Christian commandment, 'Thou shalt love thy neighbour .as thyself': and I cannot doubt that the good relations which have happily subsisted between this country and India since Indian independence owe much to this aspect of Mahatma Gandhi's teaching and influence. I do not doubt that the reader will be no less fascinated by the author's treatment in the first of his chapters . of the question that many people must often wish to ask of a responsible j~dge: 'What are your feelings when you are called upon in the exercise of your duty to pronounce sentence of death?' Of the remilining chapters I daresay that· many readers will share with me the fascination of the astonishing story told in Chapter Six and called the 'Imperfect Alibi'. The book brings out also some of the special problems which have been presented to those responsible for the administration of justice in India and which deserve careful thought by Englishmen. To one problem I have already referred-that which arose from the separation of Pakistan and India· and the terribly distressing circumstances which that separation brought about, particularly in the Punjab. The distribution of the population in that part of India in villages often· dominated by families or sections, acutely jealous rivals of each other, is shown very greatly to have added to the difficulties of the hardworked police .when called upon to investigate crimes and, in the course of such duties, to collect independent and teliable evidence-.difficulties which the author shows have

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not unilaturally, if police when satisfied to improve upon wh and unconvincing ca peets we in this cou: tunate as we are al skill and thoroughne available to English The reader may a quent recurrence of course to wholly difl hinder Singh occurs Hakim Khan as belo der and also to one be likened to our ow In his last chapte question with which: the visit to this coun the American Institu vestigate, with repre fession, the problem , tion whether· and to . papers and aCquaint case before it cOrries doubt and understanc ly among members a has so acquainted hir to come into Court " on one side or the I in the case describe< of this book. This to enter the lists upon ture to make the poir by a judge of the 1 may be overstated. were well founded it IJeaI the appellant w

FOREWORD

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, his experience when he19ht his advice in regard which afflicted India as :tan therefrom. On that clusion that Mr. Gandhi :trength within him, and eling of love. He loved ::::hristians alike.' There ess to the second great :halt love thy neighbour that the good relations ,tween this country and )we much to this aspect lUd ,influence. will be no less fascinatthe first of his chapters , must often wish to ask : your feelings when you your duty to pronounce .ining chapters I daresay :h me the fascination of tpter Six and called the : of the special problems hose responsible for the and which deserve careone problem I have ai: from the separation of ribly distressing circumJught about, particularly of the population in that .ominated by families or :>f each other, is shown e difficulties of the hard:0 inveStigate crimes and, collect independent and ~h the author shows have

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not unilaturally, if regrettably, sometimes tempted the police when satisfied that they have found the guilty party to improve upon what might appear to be the colourless and unconvincing case of the prosecution. In these respects we in this country may indeed be regarded as fortunate as we are also fortunate in regard to the great· skill .and thoroughness of the medical evidence rendered available to English courts. The reader may also be struck, as I was, by the frequent recurrence of the same names though attached 6f course to wholly different persons. Thus the name MOlhinder Singh occurs in three of the chapters and that of Hakim Khan as belonging both to an accessory to a murder and also to one of the victims. They may perhaps be likened to our own Nation's Wealth of Smiths. . In his last chapter Mr. Khosla raises a controversial question with which I was personally concerned following the visit to this country in 1961 of the representatives of the American Institute of Judicial Administration to investigate, with representatives of the English legal prof~ssion, the problem of appellate work-'namely, the questIOn whether and to what extent ,a judge should read the papers and aCquaint himself with··the facts of a: particular case before it comes before him for hearing. There is no doubt and understandably in this· country and particularly among members of the Bar a feeling that a judge who has so acquainted himself with the facts of a case is liable to come into Court with his mind substantially prejudiced on one side or the other-as undoubtedly was the fact in the case described by the author in the last chapter of this book. This is plainly not the occasion for me to enter the lists upon such a matter. I do, however, veriture to make the point that the opposition to any reading by a judge of the papers ina case before he tries it may be overstated. If the argument in its extreme form were well founded it would surely mean that in any appeal the appellant would inevitably win. A judge who

FOREWORD

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knows his job should, I claim, be able to acquaint himself sufficiently with such matters as the pleadings in the ,case, the. terms of any judgment under appeal, and the like, in order to save an appreciable amount of the time taken in Court and therefore an appreciable amount of the costs incurred which one or other of the parties under our system will eventually have to pay: and should be able so to do without risk of any closing of his mind to the . arguments which will be presented to him. But, above and beyond any of the matters to which I have alluded, one consideration emerges uppermost from a reading of this book which is of the greatest importance,and which should bring a sense of pride to all English readers, namely, the fact that in this great country of India our English system of law and our English way of administering justice are maintained and revered as being the best adapted for realising the essential requirements of.a free people. I had recently the privilege of being invited to sit in Delhi with the Justices of the Supreme Court of ~ndia, and I was indeed greatly moved by the evident belief which the Indian people have in our English law. I venture indeed to think that it is one of the strongest links that binds India to our Commonwealth and, for the future peace and happiness of' mankind, may. it long continue! We must therefore be highly grateful to the author of this book for the striking illustration it affords of this great truth.. I commend it accordingly with warm good wishes to English readers.

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A HANGING I AM often asked th, you sentence a man satisfactory reply wh brief sentence or tWl when my interlocutor become quite callous cult to find· the appro only administers the 1; of his duty to criticis elected representative lay down, is ohlyeval strike a defensive att demned man has take] fore, expiate his crimI a tooth and a life for civilised people. Thl answers: Capital puni of,person who kills aI really mind being senl story of the shipwreckl on an unknown islan< gibbet, because they re civilised people subje has to do one's duty; and judges are as hu develop an impersonal and really I don't tIill I have often given 1 complete and unsatis leave so much unsaid

, able to acquaint him, as the pleadings in the under appeal, and the )le amount of the time · appreciable amount of ler of the parties under [>liy; and should be able · ing of his mind to the · [ to him. · the matters to which 1 · nerges uppermost from of the greatest inlport· nse of pride to all Eng· in this great country of lour English way of adand revered as being the ntial requirements of ,a ivilege of being invited 1 the Supreme Court of ',oved by the evident bein our English law. 1 [I.e of the strongest links ~lth and, for the future may. it long continue! [ul to the author of this it affords of this great with warm good wishes

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A HANGING AND A CASE OF ARSON

I ~ often asked the question: 'What do you feel when you sentence a man to death?' I have not yet found a satisfactory reply which would accurately sum up in a brief sentence or two the information required. And when my interlocutor adds knowingly: 'I expect you have become quite callous by now', it becomes still more difficult to find· the appropriate answer. To say that a judge only administers the law of the land and that it is no part of his duty to criticise, alter or amend what the people's elected representatives have, in their wisdom, chosen to lay down, is omy evading the issue. Nor is it relevant to strike a defensive attitude by pointing out that the condemned man has taken an innocentIife and he must, therefore, expiate his crime in a suitable manner. A tooth for a tooth and a life for a life is not the way of humane and civilised people. There are, of course, the usual stock answers: Capital punishment acts as a deterrent; The sort of '.person who kills another holds life cheap, and does not really mind being sentenced to death; Have you heard the story pf the shipwrecked mariners who were washed ashore on an unknown island and sighted with relief on seeing a gibbet, because they realised, at once, that they were among civilised people subjcct to the rule of justice; Well, one has to do one's duty; A murderer evokes scant sympathy and judges are as human as anyone else; One learns to develop an impersonal attitude while administering justice, and really 1 don't think that I feel anything at all. 1 have often given these answers and others equally incomplete and unsatisfying. Stock phrases of this kind leave so much unsaid that often a false inlpression is gain-

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ed .by th.e q~estioner; besides, they induce a sense of dissatisfactIOn In me. What I should like to say is much

more involved and complex than can be stated over a <:UP of tea or in the course of an after-dinner conversatIOn. ! should ~ike to ~escribe the various forms of psy~hol<>gIcal reactions whIch a murder trial provokes and Illustrate my argument with specific instances. For example, I should like to relate the story of the man who was found guilty of murdering his aged mother in order to steal .her money. When I passed the sentence of death upon .h~m, he stood up and, with folded hands, thaI}ked me, ~ayIng: 'You have done justice. I deserve to die, for I. spIlled the blood of one who gave birth to me.' I felt pIty for the wretched man, but at the same time there was a sense of sJ??g satisfaction, of self-righteous gratification that II?Y deCISIOn had been accepted without demur. The ~rst time I ordered a person to be hanged by the neck tI11 dead, I felt. a eer.tain nervousness, a slight fear that what I. was dOIng mIght well be wrong and unjust, the man m!ght not be really guilty, for witnesses often lie, and can a Judge be completely certain that his verdict is correct? I consoled myself with the thought that my judgment would be examined by the appe11ate court, and if there were any error it would be set right. Then th~e was the man who stood in the dock with a look of defilfit co~tempt on his face, and treated the entire proceedings as if t~ey were some sort of silly game with which he had v~ry .httle co~ce!n.. He had been charged with killing hIS WIfe and hIS mfant son in a fit of temper, because the so~ kept .on wailing ceaselessly and the wife could not qUIeten hIm: H~ remained for a whole day standing in the dock WIth hIS head thrown back and his lip curled up at one comer, a strong, tall and almost handsome figure of aI?an; and .,,:hen judgment was pronounCed, he gave a qUIck supercIlIOUS jerk of his turbaned head and ~alk.ed out ?f the court-room without saying a word. The Jwghng of hIS handcuffs and the rattle of the chain held by

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the police constable ' of complete helplessn instrument of. justice . of death was being p sorry scheme which . like him to be destroy what belonged to him There. was, for him, D tion. He just could: . of the whole busines: maintain dignified ' the entire proceedinj! man,and he could p useful citizen. It wal .of his life he had to ciety demands from a man-made conventior restraint and his ino how many more live before his reformatiOI The man who kiIle( of bubonic plague inte syringe on the crowdec ed to have walked rig) t~e indignation arouse tainiog a small measl o~ his plan and the There wiIInot be war he had oot been hang horror and abhorence of hanging seems mm the viIIains who perpe ed a defenceless woma partment for the dake who poisoned a close ance policy on his !if temoves an. entire rail

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'E MAHATMA

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Id like to say is much I can be stated over a 1 after-dinner conversa• e various forms of psy·der trial provokes and , mc instances. For ex, : story of the man who s aged mother in order ~d the sentence of death , . folded hands, thal}ked e. I deserve to die, for Lve birth to me.' I felt the same time there was If-righteous gratification :d without demur.· The .be hanged by the neck mess, a slight fear that wrong and unjust, the : witnesses often lie, and " that his verdict is cor: thought that my judgappellate court, and if : set right. Then thqe :k with a look of defilfit I the entire proceedings ;ame with which he had :n charged with killing : of temper, because the ,llld the wife could not , whole day standing in Jack and his lip curled ,ld almost handsome figmt was pronounCed, he , his turbaned head and lout saying a word. The Ittle of the chain held by t

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the police constable who led him out gave me a feeling of complete helplessness. Here was a man to whom the instrument of· justice meant nothing at all. . The sentence of death was being passed not on him, but on the ~hole s!-">ITy.scheme which permitted a fine piece of humanity like him to be destroyed merely because he had dealt with what belonged to him in the way he had every right to do. ~ere was, for him, no question of repentance ,or retribution. He just could not come to terms withtbe iniquity ,of the whole business, and the only thing to do was to maintain a dignified exterior and show his contempt for the entire proceedings. There was no real evil in the man,and he could perhaps have been made into a very useful citizen. It was depressing to see that in the prime o~ his life he had to pay the extreme. penalty which soCIety demands from a man who shows so little respect for man-~ade conv:en!ions .. But with his complete lack of restramt and hIS mordmate strength of body I wonder how many more lives would have had to be sacrificed before his reformation could be completed. The man who killed his victim by introducing the germs of ~JUbonic plague into his body by means of a hypodermic synnge on the crowded platform of a railway station seemed to have walked right out of a detective novel. Despite t~~ indignation aroused by his. act, one cannot help entertaIDl.ng a small measure of admiration for the ingenuitf o~ hIS plan and the industry with which he carried it out. There will not be wanting persons who would rather that he had not been hanged. Some murders arouse So much horror, and abhorence that the painless brief punishment of hanging seems ml~ch too lenient a way of dealing wj-th the villains who perpetrate them. 1)le man who murdered a defenceless woman travelling alone in a railway compartment for the "ake of her paltry belongings, the man who poisoned a close friend after taking out a big insurance policy. on his life in his own favour, the man who removes an entire rail from the permanent way at a spot

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where the line passes neanhe edge of a steep cliff in order to bring about the death of innocent persons who have done him no harm at all, the man who joins a band of armed robbers and commits dacoity with murder, are all players in a game in which the stakes have been declared in unequivocal terms: It may be presumed that these men were ready to pay the price of the amusement or the material gain which they hoped to derive from engaging in their vicious activity. But even in their case callous indifference and a self-righteous complacence are signs of a hardening process which must be counterbalanced by an effort to combine judicial objectivity with. one's innate sympathy and sensitiveness. I was brought up against this problem at a very early stage in my judicial career and· the incident left a lasting impression on my mind. I remember vividly the whole sorry transaction. It was a bitterly cold morning in early February. There was frost on the grass outside and the air had a sharp penetrating sting that went through the shirt and played On the spine like the point of a cold needle. It was far too early to feel hungry for breakfast and the prospect 01' seeing a man hanged, though somewhat exciting, had taken away whatever little appe.tite I had. As I sat nibbling at a piece of toast and sipping my coffee I, once again, went over the pages. of the file which had been sent to me the previous day. There was not much to read. Kala Singh, son of Bishan Singh, 45, of Nathana had been found guilty of dacoity and murder and had been sentenced to death.' The appeal filed by him had been dismissed by the High Court of Judicature at Lahore. His application for leave to appeal to the Privy Council in London had been rejected. To mercy petitions sent from gaol, one to the Governor of Punjab arid the other to the Viceroy of India, had met the same fate and so Kala Singh was to be hanged by the neck till dead at 8 o'clock on that cold February morning. Departmental rules required the presence of a magistrate at the grim ritual and

it certificate signed b)

been duly executed. trusted the task to me that the Superintend( He chatted lightly a " crops. the flourishing the new lines he had cess he.had achieved Malcolm Hailey (afte mented him on the grown, and the Fren< as the ones they serve ed my name in the vi through the huge bar from the main court~ time I had seen the i during the course of sian to pay visits of gaols in the provinCi and coloured every s differed in shape, siL Gaol seemed to have ly smell of disinfectar of soupy dal and sem cause over-cooking m pattis have to be of ; The Superintendent one of a row of six prisoners are confined ed on them. Each c{ furniture of any kind the floor with a blan him to keep the cold .-:.:., tered through a narrO' of the cells were occ second one while a Wl sive keys. The door c'

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: of a steep cliff in order cent persons who have n who joins a band of ty with murder, are all ; kes have been declared '. le presumed that these • { the amusement or the • ) derive from engaging n in their case callous , nplacence are signs of a , counterbalanced by an lvity with one's innate brought up against this " 1 judicial career and the n my mind. rry transaction. It was February. There was air had a sharp peneIe shirt and played on needle. It was far too ;t and the prospect of )mewhat exciting, had ; I had. As I sat nibping my coffee I, once ,e file which had been ~ was not much to read. I, 45, of Nathana had murder and had been filed by him had been jicature' at Lahore. His l the Privy Council in ~rcy petitions sent from lb and the other to the Ime fate and so Kala ':k till dead at 8 o'clock Departmental rulesre: at the grim ritual and

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a certificate signed by him that the order of the court had

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been duly executed. The District Magistrate had entrusted the task to me. I arrived at the gaol gate so early that the Superintendent had to be called from his house. He chatted lightly about the weather, the condition of '. crops, the flourishing state of the gaol vegetable garden, the new lines he had introduced and the remarkable success he had achieved. The Governor of the Punjab, Sir MalcOlm Hailey (afterwards Baron Hailey), had compli. mented him on the quality of Brussels sprouts he "had grown, and the French artichokes were every bit as good as the ones they served in the restaurants in Paris. I signedmy name in the visitors' register and accompanied him through the huge barred gate which shut off the vestibule from the main courtyard of the gaol. This was the nrst time I had seen the inside of an Indian gaol, and thougJi during the course of my judicial career I have had occasion to pay visits of inspection to almost all the district gaols in the province, this first impact stayed with me and coloured every subsequent impression. Gaols which differed in shape, size and design from the Ferozepore Gaol seemed to have the same chill breath, the same sickly smell of disinfectant fluid and the same kitchen odours of soupy dal and semi-cooked chapattis-,semi-cooked'because over-cooking makes thew lose weight and gaol chapattis have to be of a regulation weight. The Superintendent led me to Kala Singh's cell. It was one of a row of six smaIl cubicles in which condemned prisoners are confined after the sentence of death is passed on them. Each cell was about eight feet square. No furniture of any kind was provided. The inmate slept ,on the floor with a blankej underneath and a blanket over him to keep the cold and damp away. Light and air entered through a narrow, heavily barred grille-door. ',' Four of the cells were occupied. We stopped in front of the second one while a warder fumbled with a bunch of massive keys. The door clanged open and we entered. Kala

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Singh sat cross-legged on his folded blanket and in froot of him on the bare brick floor lay three empty plates. He had just finished eating a hearty ~eal of m~lk curd~ and ground rice P1;1dding. The Supe~mtendent mformea me in a matter-of-fact tone that on the day of theexecution the condemned man is served with whatever he . asks·for in the way of ·food. . Kala Singh had looked up as we entered and t~en resiJmed his original meditative pose. He seemed qUlte unconcerned with whaJ was happening around him. Now and again his lips moved but no sound came from them. Suddenly the Superintendent began to speak, and so harsh and loud was his voice that it made me jump: .,. 'Kala Singh, you were found guilty of qacoity with ~ur­ der and sentenced to death by the Court of the SesSIOns Judge on [he mentioned a date]. The conviction and sentence awarded to you were affirmed by the High Cou~ on [another date]. Ysmr application to appeal to HIS Majesty in Council was dismissed on [yet another date]. Your petition ·for mercy was dismissed by the Governor and also by the Viceroy. So today at eight you are to be hanged. Have you anything to say?'. . Kala Singh was a small man, and dunng .thIS monotonous recital he visibly shrank in size till he looked no more than a small dark blob on the deep grey blanket of coarse wool. Without looking up he answered: '1 didn't do it.' His voice was firm and free from any sort of fear 'or nervousness. '1 didn't take part in this dacoity and 1 didn't kill anyone.' 'This is hardly the time to protest your innocence,' the Superintendent said, and he spoke in a soft, almost !in apologetic tone. 'You should now make your peace WIth God and repeat the Wahguru's name.' . ~1 didn't do it,.' Kala Singh repeated. '1 have commItted other murders and 1 have been a dacoit, but this was a .false case. faked by the police.' , I

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There was somethinl lent conviction to his were any means of ay becoming· a party. Tli my discomfort, for he have to carry out the, a notorious dacoit Wl Turning to Kala Singl up.' The small well-knit five feet four inches in down to pinion his al with a stout rope. 1 dexterity in a surprisin no resistance and sto< that beads of perspira and beginning to trick A few fell on to the g floor. We stepped out of 1 cession to the gallows Kala Singh was made piece wooden platforn gonally across it to rna man pulled down the loop slipped easily up his hand, and the rop . from its tail and raisin The hangman picked·lC ed towards Kala Singl 'Wait a moment,' R profusely now, but she usual or untoward. Ii emotion. 'Let me tal The hangman withd rent mumble came frc later it ceased and KaJ

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ded blanket and in front lay three empty plates. arty meal of milk curds SupeJ;intendent informed . on the day of the exeierved with whatever he . we entered and then re. Ie. He seemed quite un•ning around him. Now sound came from them. III to speak, and so harsh lade me jump:,. . lilty of d.acoity with murae Court of the Sessions The conviction and senmed by the High Court ication to appeal· to His :d on [yet another date]. ;missed by the Governor >day at eight you are to to say?' . . and during .this monoin size till he looked no the deep grey blanket of up he answered: ; firm and free from any didn't ~ake part in this )test your innocence: the )ke in a soft, almost an IW make your peace with lame.' ?eated. 'I have commiten , a dacoit, but this was

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There was something in the way Kala Singh spoke that lent conviction to his words, and I asked myself if there .were any means of averting the injustice to which 1 was becoming a party. The Superintendent must have noticed my discomfort, for he said: 'Sir, they often say that. We have to carry out the orders of the High Court. He was a notorious daeoit with several murders to his credit.' Turning to Kala Singh, he continued; 'Kala Singh, stand ~.'

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The small well-knit figure of Kala Singh was scarcely five feet four inches in height, and the warder had to bend down to pinion his arms and tie them behind his back with a stout rope. Tne operation was performed with dexterity in a surprisingly short time. Kala Singh offered no resistance and stood firmly on his bare feet. 1 Saw that beads of perspiration were forming on his forehead and beginning to trickle slowly down his nose and beard. A few fell on to the ground and made dark spots on the '. floor. W,e stepped out of the cell and marched in silent proceSSIon to the gallows where the Civil Surgeon joined us. Kala Singh was made to stand in the centre of the twopiece wooden platform with a black chink running diagonally across it to mark the line of division. The hangman pulled down the rope and tested the noose. The loop slipped easily up and down with light movements of his hand, and the rope shivered like a snake suspended from its tail and raising its head to strike a deadly blow. The hangman picked up the bag of black cloth and moved towards Kala Singh. 'Wait a moment: Kala Singh said. He was sweating profusely now, but showed no other sign of anything unusual or untoward. ills voice was firm and empty of all emotion. 'Let me take the name of my God.' The hangman withdrew his 'hand, .and a faint incoherent I?umble came from Kala Singh's lips. A moment later It ceased and Kala Singh braced himself to meet his

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THE MURDER OF THE MAHATMA

Oeator. The black bag was quickly thrown over his head and tied round the neck. . The noose was, lowered over the bag and pulled tight. ..The hangman stepped off the scaffold and took hold of the handle of the lever which operated the scaffold boards. 1 had not noticed the strange cOntraption till now, and as 1 looked at it, 1 won. dered why the hangman was watching my face so intently. The Superintendent then said: 'When you give the order, sir.' 1 looked at my watch. It was four minutes to eight. The hanging was scheduled for 8 o'clock. Suddenlr a horrible thought raced through my brain, crowding everythi~g else out of my field of awareness. How could 1 cut short anyone's life by even four minutes and deprive him of his lawful right to live till eight? I had read stories of last-minute reprieves and rescues. The man had declared his innocence in all sincerity and I had believed him. Was 1 committing murder under the cloak of judicial sanction? And yet how could I allow the man's soul to be tortured for whole four minutes merely to obey the letter of the law? The condemm;d man was ready to die. He had no watch and did not even know that he had still a few minutes more of life. But was this life? Standing there with his face drowned in the blackness of the death bag whose only purpose was to spare us the ugly spectacle of a strangled face .with eyes bulging and tongue protruding, he must be experiencing death in life. The knot of the noose had been turned round to press against his, left jaw as this position made for a quick break of the juglliar vein. I imagined that his eyes were already beginning to bulge from their sockets and his tongue half-protruded out of his mouth. I do not remember saying anything or making any sign to the hangman, but suddenly I heard the harsh squeal. of the metal lever and the loud groan of the heavy platform as it fell away in two solid flaps and bit the sides of the pit. At the same time the dark body of the condemned man plunged down and stopped with a

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sudden jerk. The Ii and .were still. ' The like a pendulum. The· Surgeon stepp -applied the business e chest for the briefest , up the steps. He sm ent, signed the death me for my signature. As I stepped out oj ming :.Gilbert's verses .1 heard Thater Can hal And so I remember very weI gruity in my hummin Not all condemned calm displayed by Kl the most desperate cI walk the few yards j often found necessary Some become hysteri .On the other hand s( tical agitators, who tl almost hilarious and readiness to pay the A fear which often '. inexperience was the man to death. The . irrevocable and ruthI, measure of reluctanc The law, of India pro prisonment for life fo

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Jickly thrown over his [fie noose was . lowered • 1e hangman stepped off . andle of the lever which had not noticed the : LS I looked at it, I won: ling my face so intently. , When you give the orfour minutes to eight. . B o'clock. Suddenly a , brain, crowding everyness. How could I cut dnutes and deprive him o.t? I had read stories •les. The man had deity and I had believed mder the cloak of judiI I allow the man's soul utes merely to obey the I man was ready to die. . 1 know that he had still was this life? Standing l blackness of the death lre us the ugly spectacle 'fig and tongue protrud:h in life. The knot of to press against his, left ick br~k of the jugular were aJready beginning is tongue half-protruded nber saying anything or mt suddenly I heard the td the loud groan of the , two solid flaps and bit ,: time the dark body of 'm and stopped With a

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sudden jerk. The limbs shivered in a quick convulsion and . were still. ,The body now began to oscillate gently like a pendulum. The Surgeon stepped down to the bottom of the pit, -applied the business end of his stethoscope to Kala Singh's chest for the briefest of seconds and then almost ran back up the steps. He snatched the file from the Superintendent, signed the death certificate and passed the papers to me for my signature. As I stepped out of the gaol door I found myself hum. mingGilbert's verses: . I heard one day a gentleman say That criminals who are cut in two Can hardly feel the fatal steel And so are slain without much pain. I remember very well that there was no sense of incon gruity in my humming the song. . . Not all condemned prisoners meet death with the stoic calm displayed by Kala Singh. Some of the bravest and the most desperate characters collapse and are unable to walk the few yards .from the cell to the gallows. It is often found necessary to administer a mild opiate ~o 'them. Some become hysterical and weep and cry like children. · On the other hand some of the revolutionazi.es and political agitators, who took part in crimes of violence, were almost hiIariou~ and displayed a remarkable degree of readiness to pay tile price of their crimes. A fear which often assailed me during the period of my ·inexperience was the. possibility of sentencing an innocent man. to death.. The capital punishment is so completely · irrevocable and ruthless that I have always felt a certain measure ·of reluctance in imposing the extreme penalty. The law· of India provides the alternative setitenceof imprisonment for life for the.oifence of murder, and though c

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formerly a judge, awarding the lesser sentence, had to give his reasons for not inflicting the death penalty, a recent amendment of the Code of Criminal Procedure relieves hiJ,ll of this obligation and he may, without assigning any reasons,award the lesser sentence; My judicial experience of more than thirty-five years has taught me that a false case is an extremely rare phenomenon, though not infrequently there is an admixture of false evidence introduced by the police to buttress what they fear is a weak case. The weakness of the case is more often imaginary. than real. A police officer likes to send up a neat-looking case nicely tied up like a Christmas parcel without any holes or loose ends showing. This is not always possible. There may be no eye-witness of the occurrence, though the reckless disregard for consequences tempered by the hope of being able to evade the arm of the law (the nearest policeman may be as much as 'fifteen miles away) .militates against secrecy, and most of the killing is done in broad daylight and within sight of people. Seventy per cent of Indians live in Villages, and the vast majority of crimes of violence are committed in rural areas where loyalties are frank: .and undisguised. Everyone belongs unreservedly to one side or the other, and quite often there is 'a sharp sense of conflict . between the, various factions. So it is difficult to find an independent, unrelated witness whose testimony does not bear the taint of partisanship. Friends- and relatives are always ready to support a case against a member of the opposite party once'they are convinced that the case is a true one. But the danger that one or two innocent persons may have been added' to the list of real culprits in order tq payoff old scores is always present, and the judge has to be on his guard. and keep a vigilant eye whenever there are more than two persons in the dock. The police are always anxious to see that a case over which so many pains have ·been: taken should not fail, and often they do not scruple to introduce an element of falsehood

A HANGING

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in· order to make th, of bloodstained· weap witness may be comn C\lsed persons in the the spot where the I after the· occurrence. semen stains on a p~ a rape case came fl wanted to win the fav always persons willir police, and what does lend their assistance for the miscreants the _.why else would the A great deal is sa Indian courts. Then are not standing in a commentary on our. their conscience by 1 the evidence in a ca! being prosecuted is judges have only the I the guilt or innocenCl number of. cases fail alarmingly small. I contributes to the pl is the lack of a solen quate measureo! aw nent. Statements· ar· tion, and a J;lon~Chri! oath having a religiol of mine furnishes a ~ lating. In 1929 twas a si of Western Punjab v jirga is a council of e are referred for trial.

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A HANGlNG AND A CASE OF ARSON

ser sentence, had to give death penalty, a recent linal Procedure relieves V, without assigning 'any

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:e than thirty-five years an: extremely rare phe'I there is an admixture e police to buttreSs what weakness of the case is A police officer likes ely tied up like a Christ'ose ends showing. This 'ay be no eye-witness of ·ess disregard for consebeing able to evade the :eman may be as much ~ainst secrecy, and most aylightand within sight •Indians live in villages, ,:>f violence are commitIS are frank and undisrvedly to one side or the sharp sense of conflict it is difficult to find an ilose testimony does not 'lriends- and relatives are 19ainst a member of the {inced that the case is a ne or twoinnocent pere list of real culprits in llways present, and the :eep a vigilant eye when;rsons in the dock. The that a case over which lould not fail, and often an element of falsehood i : i i

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in, order to make the case foolproof. Faked recoveries of bloodstained weapons or clothes are not unknown; a witness may be commissioned to say that ,he saw the ~c­ cused persons in the company of the deceased or l~vmg the spot where the murder was committed im~edlately after the occurrence. I. once heard the llllegatlOn that· semen stains on a pair of women's trousers exhibited in a rape case came from a I11asturbating constable who wanted to win the favour of his superior officer. There are always persons willing to ingratiate themselves with the police, and what does it matter if they sttetch a point and lend their assistance to furthering a praiseworthy cau~. for the miscreants they are deposing against must be guilty -'why else would the police prosecute .them? .' . A great deal is said about the perjury commItted III Indian courts. There is a saying: 'Speak the truth. you are not standing in a Court oflaw', which is a devastating commentary on our judicial system. Policemen satisfy their conscience by telling themselves that. even' though the evidence in a case is .not all it should be, the person being prosecuted is the real culpr.it. Magistrates~nd judges have only the evidence by which they can determme the guilt or innocence of the accused person. S? ~ lar~e number of- cases fail and tl}e percentage .of conVictions. IS alarmingly small. I feel that one import~t fa~tor 'Yhich contributes to the prevalence of pefJury m thIS country is the lack of a solemn oath which would inspire an adequate measure of awe and fear in the mind of the depc-. nent. Statements' are usually made on sole,mn affirmation, and a non~Christian cannot be compelled to ta~e an oath having a religious significance. An early expenence of mine furnishes a good illustration of what 1 am postu~ lating. . . . . . In 1929 1 was a Sub-Divisional Magistrate in a district of Western Punjab where thejirga law is in force. The jirga is a council of elders to whom certain criminal cases are referred for trial. The procedure laid down isasfol-

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lows. Whenever the police feel that owing to family or factional loyalties or some other reason witnesses will not be prepared to give evidence against an offender, the case is laid before the magistrate for action under the jirga law. The magistrate reads the police diaries of the case and examines the attendant circumstances and if necessary makes such extra-judiCial enquiry as he deems Jlecessary and then either refers the case to the jirga or dismisses it. The jirga on receiving the reference makes an investigation into the matter and reports its finding to the magistrate, who then passes sentence on the offender if the verdict is 'guilty'. . The police asked for my intervention in a case of arson. A stack of wheat comprising the entire harvest of a farmer had been destroyed by fire, and though the culprits were known and had been seen setting fire to the wheat, the witnesses were somewhat 'shaky'. I asked the SubInspector of Police who had investigated the case what exact~y he meant by 'shaky'.. Were they reluctant to appear In court or were they unworthy of credit? The SubInspector assured me that the witnesses had, in fact, seen the culprits committing the crime, and 'their testimony c<:mld be relied upon. I said I would first hear the case in court in the ordinary way. and if I felt the need for any extra-judicial enquiry I would consider the question of referring the matter to the jirga. There were three eye-witnesses. One by one they appeared before me an,d stated, on solemn affirniation, that .' they had seen the prisoners walk up to the stack of wheat and set fire to it. The witnesses had been able to identify them by the light of the conflagration. One by. one the witnesses were cross-examined. They admitted their relationship with the complainant and their enmity with the accused persons. Their statements about the details of the incident were far from consistent and I was left in considerable doubt about the guilt of the accused. I adjourned the case and fixed the next hearing in the very

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village where the an witnesses to be presl The civil rest-hom of a sandy plain, a As,usual while on t< tive and revenue wo with people who had and friends. The ar was, in those days, holiday from work a a social and festive round the village ir paid' a visit to the sp burnt down.' There and I saw that the wheat had been sto open On all sides wit approach of anyone . I took up the case but informally in the the court officials pr holy Koran and pIa first eye-witness cam and explained to hi] but as the people's ' real truth about the between them. I pi hirnto pick it up, t me exactly what he The witness who fifties with a silvery ed up the Koran ,in. his hands as if it v glass. Slowly herai the traditional gestur ity. Then'raising hil but firm voice:

3. MAHATMA

lat owing to family or reason witnesses will 19ainst an offender, the : for action under the . ne police diaries of the circumstances and if : II enquiry as he deems Ie case to the juga or 19 the reference makes •md reports its finding sentence on the offeni

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Ition in a case of arson. ~ntire harvest of a far.nd though the culprits tting fire to the wheat, ky'. I asked the Substigated the case what ~e they reluctant to apy of credit? The Sub.esses h:;td, in fact, seen ~, and.,their testimony lId first hear the case in [ felt the need for any ider the question of reOne by one they apolemn affirmation, that p to the stack of wheat ad been able to identi19ration. One by one . They admitted their :and their enmity with :aents about the details istent and I was left in of the accused. I ad).t hearing in the very

A HANGING AND A CASE OF ARSON

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village where the arson had taken place, directing all the witnesses to be present on the appointed day. The civil rest-hous~ i.1l which' I stayed lay in the centre of a sandy plain, a qtlliher of a mile from the village. As· usual while on tour I had a great deal of administrative and revenue work to do and the place was crowded with people who had come on business and their relatives and friends. The arrival of an official from headquarters was, in those days, made the occasion for observing a holiday from work and turning the whole' proceedings into a social and festive ceremony. In th,e morning I went round the village in the company of the headman and paid' a visit to the spot where the heap of wheat had been burnt down.' There was no visible trace of the crime and I saw that the threshing-floor where the harvested wheat had been stored was just' a .flat piece of ground open On all sides with nothing to obstruct the view or the approach of anyone. ' . . . I took up the case at noon, not judicially in dpen court, but informally in the privacy of my chamber with none of the court officials present. I had obtained a copy of the holy Koran and ·placed it on the table before me. The first eye-witness came in. I asked him to shut the door, and explained to him that I was not sitting as a court, but as the people's well-wisher whO' wanted to know the real truth about the matter, so that I could· do justice between them. I pointed at the holy book and asked him to pick it up, take a solemn oath upon it and tell me exactly what he had seen. The witness who stood before me was a man in his fifties with a silvery beard and a quiet dignity. He picked up the Koran in silence, handling it gently with both his hands as if it were a piece of brittle and valuable glass. Slowly he raised it to his eyes and held it there in the traditional gesture indicative of reverence and solemnity. Then raising his eyeS to the ceiling he said in a quiet but firm voice:

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'Razur, as God is my witness, I saw nothing at all. I was in my house in the village, when the burning took place.' The second witness was a young; illiterate yokel of nineteen or twenty." He entered the room with a clumsy gait, looking about him cautiously as if he, expected, to find a tiger behind the door. The moment 1 mentioned the Koran, a look of terror came over his whole person. He began to' tremble violently and edge away from the table on which the holy book lay. He stammered almost ' incoherently: 'Na, hazur, 1 shan't touch the Koran.' When 1 spoke to him somewhat sharply and reminded him of the evidence he had given before me only a few days earlier, he completely broke down and began to sob like a small child, repeating 'I shan't touch the Koran. no, no, not the Koran, hazur.' The last witness was a man in his early thirties. He had a sly, knowing look and had obviously heard about the Koran from the first witness who had had no time to-::> warn the young fellow. He listened quietly to what I said and nodded understanding. When 1 had explained my formula, he said 'Razor' and stepping forward picked up the holy book and held it before him. Then he recited in a monotone: 'I swear by the holy Koran that the accused [he named the three persons] set fire to our heap of wheat and reduced it to ashes. . They are the real culprits.' He replaced the book on the table and asked me if he could go. This was far too obvious and 1 wasn't going to let him get away with it. . 'Take up the book again,' 1 said in my best magisterial tone, 'and swear that you saw these men setting fire to th~ wheat.' The witness was not willing to do this and merely repeated that the men were really guilty and what he was saying was the truth. .

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There was no alter decline to hand it ove Another somewhat. years later in another trial for the murder of ed while sleeping insi( slept his mother and, rooms had a small VI> in dimensions. It w; been shut and:chain( were alleged to. have e of the door-panels frl cause most doors in tl work not by iron hin t)y means of a pin an them to' be pulled OUI an inch or two., Th ants were of different and a hUl)ting knife. of tb,e deceased were could have been infii( but there was nothiJ different "types of SIlE used. The contentiOl only one or two pel young man's death a nocent· persons along you could not distill! that of another, all fiv case really depended, of the mother and tb lied upon. They g-ai, the room in which tl the assault and recogJ the window in the WE the room of the deC! was an experienced l

B MAHATMA

A HANGING AND A CASE OF ARSON

[ saw nothing at all. I when the burning, took mg; illiterate yokel of he room with a clumsy .y as jf he expected, to e moment 1 mentioned over his whole person. ,Ld edge away from the He stammered almost ~oran.'

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" before me only a few down and began to sob Ian't touch the Kora../fI.

his early thirties. He wiously heard about the ,0 had had no time to,. !!ned quietly to what I ; When 1 had explained stepping forward pick• before him. Then he • the accused [he named 'heap of wheat and rereal culprits.' lble and asked me if he ,ous and I wasn't going in my best magisterial ?ese men setting fire to j

do this and merely reguilty and what he was'

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There was no alternative but to dismiss the case and decline to hand it over to thejirga. Another somewhat. similar incident happened a few years later in another district. Five persons were on their trial for the murder of a young man who had been attacked while sleeping inside a small room. In the next room slept his mother and, aunt. The wall separating the two rooms had a small window riot more than 2 ft. by 2 ft. in dimensions. It was winter.' time and the doors had been shut and 'chained from the inside. The assailants were alleged tQ have entered the small room by lifting one of the door-panels from its hinges. This was easy because most doors in the villages are attached to the framework not by iron hinges screwed into the woodwork but by means of a pin and socket arrangement which enables them to be pulled out by lifting the whole of one shutter an inch or two. The weapons attributed to the assailants were of different types-a dagger, a sword, a sickle and a hUt:lting knife. The injuries found on the person of the deceased were similar in size and shape. Th~y could have been inflicted with anyone of these weapons, but there was nothing to contradict the hypothesis of different "types of sharp-pointed instruments having· been used. The contention on behalf of the defence was that only one or two persons had been responsible for the young 'man's death and the witnesses, had implicated inAnd since nocent· persons along with the guilty ones. you could not distinguish the case of one prisoner from that of another, all five were entitled to an acquittal. The case really depended on the extent to which the testimony of the mother and the aunt of the deceased could be relied upon. They said there was an oil-lamp burilingiti the room in which the deceased slept' and they had seen the assault and recognised the culprits by looking through the window in the wall which lay between their room and the room of the deceased. The counsel for the defence was an experienced advocate of more than twenty years'

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THE MURDER OF THE MAHATMA·

standing. He was one of those determined, dogged and intrepid people who are not satisfied by half measures and pUrSue an objective to its very end no matter how hard the going may be. He began to cross-examine the mother of the deceased calmly, patiently, but with a persistence which showed quite unmistakably that hew-ould stand no nonsense. He would have no evasive replies and pressed his point by repeating his question, changing its form, and if no satisfactory reply came, going on to another topic and coming back to his original question. The mother had been forced to admit that she did not hear the sound of the door being lifted.' That showed, she sai~, there were several persons doing the job. 'I did not ask you the reason,' said the advocate with a trace of annoyance, 'I only asked you if you had heard any sound.' 'But I am telling you the reason,' the woman retorteq. 'Should I not speak the truth in the court of justice?' The cress-examination proceeded.' The woman had . all the answers' ready and showed not the slightest Sign of being agitated or confused. Yes, she woke up on hearing the cry of her son when he received the first blow. She uncovered her face and saw the five prisoners standing by her son's bedside. From where she lay she cOuld see quite clearly her son's bed, and by the light of the oil-lamp she was able to identify all the assailants. Of course, she knew, them. They belonged to the same village as she. Certainly there was,enmity between them and her son; that is why they had murdered him, riddling him with wounds that drencIied his bed-clothes and left a pool of blood on the floor. The advocate went on asking: Which of the assailants stood near the head of the cha.rpQyand which near the foot; How many injuries were inflicted by each assailant; Who gave the first injury and who the second, third and so on;' On what parts of the body were the various injuries inflicted; Did the assailants stand at one spof during the assault or did they

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move round; Who W2 his back to it? The witness had a 1 threw her responses a fidence which showed 1 sary, but as the inquis lose her patience and sessed smartness to a
E MAHATMA·

jetermined, dogged and , isfied by half measures ;:ry end no matter how i an to cross-examine the ; 3.tiently, but with a peristakably that he would · Ie no evasive replies and , s question, changing its · , came, going on to an• ) his original question. admit that she did not .g lifted. That showed, IS doing the job. 'I did ~ advocate with a trace I if you had heard any ~ reason,' the woman re:ruth in the court of jus·roceeded. The woman :howed not the slightest :ed. Yes, she woke up len he received the first Id saw the five prisoners =irom where she lay she bed, and by the light of .~ntify all the assailants. 'y belonged to the same 'as,enmity between them I murdered him, riddling his bed~cIothes and left e advocate went on askxl near the head of the ,ot; How many injuries ;\/ho gave the first injury '0 on;' On what parts of es inflicted; Did the as: the assault or did they

A HANGING' AND A CASE OF ARSON

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. move round; Who was facing the window and who had his back to it? The witness had a ready answer for each question and threw her responses at the advocate with a fearless confidence which showed that she had the better of her adversary, but as the inquisition went on, the witness began to lose her patience and passed from the stage of self-possessed smartness to a defiant and almost reckless disregard for circumspection and consistency till she was lured into making a statement contradictory of what she had said a few minutes earlier. The advocate at once seized his opportunity and with unconcealed triumph pointed out the discrepancy and asked for an explanation. The two statements were not wholly irreconcilable and related to an unimportant detail, but the witness had had enough of the advocate's waspish behaviour. She flared up and shouted at him: 'If your son had been hacked to death as mine was, you wouldn't stand there and go on asking silly questions.' The advocate had won the battle; he paused for a telling moment, and looking straight into the face of the witness, lashed out in a voice that stung like a whip: 'If my son had been hacked to death, I wouldn't stand in the house of God's justice and swear away the lives of innocent persons. Can you hold the Koran in your hand and tell the honourable judge that YOU SAWALL THESE FIVE MEN attacking your son?' The witness crumpled down like a pricked balloon and began to whine: 'What if I didn't see them; they are guilty, aren't they?' From then on the issue of the case was a foregone conclusion. The Indian Oaths Act provides that no witness shall be compelled to take a religious oath, but a witness may v<;>lunteer to swear upon anything he holds sacred. In a civil suit ()De party may make an offer' to be bound by an oath taken in a specified form by the other party. For

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instance if the defendant says, in a claim for a sum of money, that nothing whatever is due from him, the plaintiff may ask him whether he is prepared to hold a jug of the holy water of the river Ganges and swear that the claim is false. And if the defendant accept the challenge and take the oath in this form, the plaintiff's suit must be dismissed. The device is, however, rarely resorted to. and in a case conducted according to the normal procedure no sanctity attaches to the solemn affirmation prescribed for witnesses giving eviqence in a court of law. It is a highly unsatisfactory state of affairs and it does not seem possible to devise a formula which would inspire some measure of awe and solemnity without giving offenCe to the religious sentiments of the non-Christians. But it is scarcely correct to say that this attitude of mind stems from a callous disregard for truth even though the life of another person may depend on what is said. Witnesses often feel that they are telling the truth because what they say is true even if it is not true to their personal knowledge. Nevertheless a false witness gives false evidence and no court can act upon his testimony. It follows that a very large number of murderers' and other criminals escape punishment. A true and convincing case becomes doubtful because some of the evidence is recognised to be false. A verdict of guilty is often reversed by the court of appeal, and the sieve of judicial scrutiny lets through on1y those cases about which no doubt at ~U can arise. There is, only a sense of comfort that no mnocent man has been hanged. The murder stories narrated in the following pages have been chosen from my note-book as illustrations of an In, dian judge's work and the impact which violent crime makes on, his mind. In writing them I have perhaps found an answer to the question: What do you feel when you sentence a man to death?

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IN the autumn of 1931 sions Division compri: Jhang, now part of W dence was at Sargodha importance in 191~ of Shahpur district, an( bouring district of Jha with the civil and crin an important and hem Shahpur and most of tracts and the newly l had stimulated them t< vity of litigation. Th( prising the arid sandy ous tract of the Salt F tribe of A wans and a s across the Indus river' villages forming small The incidence of crime their main recreation v pursuing vendettas wh: ral generations ago. ] saults and abductions warm neighbourly feel hard on the land, rea sugar-cane and orang( My own work was I court and bring home following day's cases papers relating to adm

E MAHATMA

, a claim for a sum of 'pe from him, the plain. prepared to hold a jug ages and swear that the ant accept the challenge the plaintiff's suit must 'ever, rarely resorted to, Ig to the normal proce;olemn affirmation pres,nce in a court of law. ~ of affairs and it does frmula which would in· l :olemnity without giving s of the non-Christians. ay that this attitude of rd for truth even though iepend on what is said. telling the truth because ,is not true to their peri false witness gives false )n his testimony. It folof murderers and other true and convincing case ,Jf the evidence is recogguilty is often reversed i,ieve of judicial scrutiny ut which no doubt at all ~ of comfort that no inthe following pages have 'as illustrations of an Inact which violent crime 19 them I have perhaps , What do you feel when

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IN the autumn of 1931 I was placed in charge of the Sessions Division comprising the districts of Shahpur and Jhang, now part of West Pakistan. My permanent residence was at Sargodha, a small town 'I'!hich had assumed importance in 191~hen it was made the. ~eadquar.ters of Shahpur district, and I was expected to VISit the neigh. bouring district of Jhang for a week each .m~nth to deal with the civil and criminal work of that dlstnct. It was an important and heavy charge. The eastern portion of Shahpur and most of Jhang district w,ere canal-irrigated tracts and the newly acquired prospenty of the..:::t~[me~s had stimulated them to take up the usual spare-tulie activity of litigation. The western half of the. district c0!llprising the arid sandy area of tbal and the nch mountamous tract of the Salt Range nurtured the hardy turbulent tribe of A wans and a sprinkling of Pathans who had come across the Indus river and settled down in a number of villages forming small, close communities of th:ir own. The incidence of crime among these people was high, and their main recreation was breaking each other's heads and pursuing vendettas which, in some cases, had b:g~m se,veral generations ago. In the i!ltervals between ~llmgs, assaults and abductions they lived peacefully, displayed a warm neighbourly feeling towards everyone, and worked hard on the land, reaping a rich crop of wheat, cotton, sugar-cane and oranges. . . My own work was heavy, and I had often to Sit late In court and bring home a load of files in or~er to study the following day's cases and go through a sIZeable heap of papers relating to administrative matters. But there were

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c:ompensations. The house provided for my residence had countless bedrooms and we could accommodate half a dozen guests without feeling cramped; the grounds in which it stood stretched away on three sides in a series of lawns and flower-beds and at the back lay a kitchen·· garden ample enough to provide vegetables for a small army contingent. The centre of the front lawn was dominated by a magnificent shisham tree under which we spent many a pleasant hour. Basking in the peaceful warmth of the winter sun on holidays while the bearer brought out jugfuls of fresh orange juice, or sitting in the coolth of the summer. evenings drinking chilled beer and chatting to brother officers and their wives will always remain in the memory as slices of unforgettable delight. The oranges in particular stand out as a special feature of my Sargodha days. They were plentifur and cheap--a century of large juicy fruits cost only Rs. 1-8-0 (two shillings) and a century comprised a hundred and thirtytwo. We used to send for a basketful from the fruit market and gorge ourselves with orange juice. We ate home-made marmalade and my wife tried her hand at bottling orange squash. We put in a dozen orange plants in our garden, and though we did not stay long enough to eat the fruit from our trees we had the satisfaction of knowing that my' success.ors would think kindly of us each winter when the trees began yielding a rich crop of the luscious red and gold spheres. Sometimes we drove out and picnicked· at one of the rest-houses on· the main canal which ran through the district. These were occasions of excitement followed by euphoric contentment. Or we went touring through the Soon Valley in the Salt Range and stayed for - a day or two in delightful surroundings, where peach and apricot trees laden with delicious fruit provided a welcome change. Here, too, I saw growing the largest and the most luscious figs I have ever eaten. The fruit

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trees were imported frOl British. administrator ane recognising the suitabilit) prevailing in the Soon va tude of 2,500 feet and i: stretches across the north. trict in a series of arid hil sandy plain. There are 0 valley which nevertheless soil water. A few fresh-' the necessary irrigation f, healthy wheat aad tall, he major pleasures of life to ing com reflecting the go rustling softly to acknov breezes which are a regu dark-skinned Apollos cIac muscles rippling with ever' ed here and there like live ed by a master craftsmal svelte and handsome. It that they are prodigal in moral code is not unduly of cases which I had to d( -jealousy, illicit love and el other hand are hypersensit even an indiscreet glance rewarded by instant dead The landed gentry of tho and politically significan Tiwanas were the most. iII richly rewarded for helpinl some days of the Sikhs at 1857. The head of the fa trict was Sir Umar Haya' honorary rank of a Lt.-Col the titI~ of Nawab. He' M.M.-2

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,vided for my residence ;::()Uld accommodate half ramped; the grounds in n three sides in a series the back lay a kitchen· ~ vegetables for a small the front lawn was dom tree under which we Basking in the peaceful · Dlidays while the bearer · ge juice, or sitting in the · lrinking chilled beer and , their wives will always of unforgettable delight. out as a special feature Ie plentifur and cheap:ost only Rs. 1-8-0 (two ~ a hundred and thirtybasketful from the fruit h orange juice. We ate wife tried her hand at in a dozen orange plants lid not stay long enough .'e had the satisfaction of .)uld think kindly of us n yielding a rich crop 04' :so

picnicked at one of the which ran through the of excitement followed .l\Ie went touring through Range and stayed for troundings, where peach ~licious fruit provided a saw growing the largest ve ever eaten. The fruit

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trees were imported from California by an enterprising Btitish. administrator and bore witness to his wisdom in recognising the suitability of soil and weather conditions prevailing in the Soon valley. The valley lies at an altitude of 2,500 feet and is part of the Salt Range which stretches across the north-east portion of the Shahpur district in a series of arid hills rising precipitously from a fiat sandy plain. There are one or two salt-water lakes in the valley which nevertheless has an abundance of fresh subsoil water. A few fresh-water streams and wells provide the necessary irrigation for the rich soil which rears tall, I healthy wheat and tall, healthy people. It was one of the ( major pleasures of life to walk through the fields of ripening com refiecting the gold of the early summer sun ap.d \ rustling softly to acknowledge the caresses of the cool I breezes which are a regular feature of the valley. Tall, I dark-skinned Apollos clad in diminutive loin-cloths, their muscles rippling with every movement of the body, appeared here and there like live statues of polished stone sculpted by a master craftsman. The A wan women are talt svelte and handsome. It would be uncharitable to say that they are prodigal in bestowing favours, though their moral code is not unduly severe. Quite a large number of cases which I had to deal with had their origiri in love, -jealousy, illicit love and elopements. The Pathans on the other hand are hypersensitive in the matter of women, and even an indiscreet glance at a wife or daughter may be rewarded by instant death. The landed gentry of the district included some wea~hy and politically significant individuals. Of these the Tiwanas were the most. important. The family had been richly rewarded for helping the British during the troublesome days of the Sikhs and again during .the uprising of 1857. The head of the family when I arrived in the disc trict was Sir Uniar Hayat Khan Tiwana. He held the honorary rank of a Lt.-Colonel and had been invested with ! the title of Nawab. He was, in addition, a member of

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FIRST INFC the advisory council to' the Secretary of State for India. Though a 'yes man' of the British regime he was in every at Sargodha, he never 01 respect a charming person with an unbeunded sense of or any of his friends er n hospitality and an endless fund of amusing anecdotes. ed, nor did he come to n His house in Richmond was a regular rendezvous of In- r !hose days his only son, K dian students, and everyone whO' took the trouble ttl> visit Ity an? I did not have o( him was sure of a hearty Indian meal. He was a true acquamtance. Later, wI Nawab of the old type. He entertained lavishly, gave came to know him and n liberal help to scores of hangers-on, and on every possible political opmions. As S eccasion gave expression to his unqualified sl!PPO~ of t~e and Prime Minister of ] British rule in India. Once when I was walkmg With hlm > Government which kept through St. James Street he stopped to greet a retired 'koi frem breaking out into 0] hai' and without the slightest provocation began to laud Mus~im League forced h the deeds of the British officials in India, lamenting at a qUIet secluded life 'cult the same time the passing of a gelden era. I was somehome village. what taken aback by this sudden and wholly irrelevant It was during my stay a panegyric, but I soon learnt that these somewhat comic perhaps the most extraor, and sentimental effusions were no more than an invelunhad occasion to deal witl tary demonstration of his loyalty and friendship to' the !illlings .in the Punjab 1 people who had given him everything he possessed. When rrrepressibly vigorous ph conversation flagged, as it sO'methnes did when he had to this was a case of delibel talk in English, the Nawab would suddenly exclaim: 'The , scene of the gruesome tra, British Government has kept peace in India, .but for you situated near the edge of . gentlemen we should be all the time cutting each other's dry bleak hills of the Salt threats', or he would ask, 'Don't you think, sir, that t~e i cial hillocks completely b Indian finances under British contrel are the soundest m the Soon Valley. The inl the world?' There would be an awed silence ef assent ~athans who came across and conversation would start afresh en another topic. bons ago, and, fi.nding ur But once I had learnt to accept the Nawab's unstinted They had to work hard t loyalty to the British as an essential part of his intellectual benefits, but the soil was J." and emotional make-up, I found him a mest delightful and soon. found that the regiol likeable character. There was no humbug about him; his was easy to sink wells, an adherence to British rule was a logical and honest quid pro had been provided their toi .quo in respect of benefits received. He had a heart ef gold
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.retary of State fa! India. , sh regime he. was m every 1 an unbounded sense of ld of amusing anecdotes. I · regular rendezvous of In- • lO took the trouble tG) visit an meal. He was a true · entertained lavishly, gave • loon, and on every possible unqualified s~ppo~ of t~e ,, · en I was walkmg Wlth hIm > · pped to greet a retired 'koi ,provocation began t
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at Sargodha, he never once spoke of a case in which he or any of his friends or relatives might have been interested, nor did he come to me with any form of sif3rnsh. In ~hose days his only son, Khizar, was an unknown personal~ lty and I did not have occasion to meet him or make his acquaintance. Later, when I began living in Lahore. I ca~e. to kn
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without giving the slightest indication of nursing and nurturing it till it was ready to raise its head and strike with deadly effect.· In Gunjial there were two clans of the Pathans-the Katta Khels and Shah beg Khels. For years they had been neighbours with their houses forming a thick cluster separated by narrow lanes, and for years an internecine war had been waged between the two clans. There were l<.>ng periods ·of app~rent peace, but then suddenly hostilitIes would break out in a sporadic clash or a quick, welltimed killing. The police station was situated a quarter of a mile from the village and the arm of the law was quickly stretched out to deal with the situation, but the intervention came too late. It was always the same story, the men of one khel had taken their revenge and vindicated their honour. They were not deeply concerned with the consequences, for the ultimate issue of the affair could be predicted with almost unerring accurary. No independent person unconnected with the two factions would have the temerity to come forward and risk his life by giving evidence against the culprits', even if .the murder were committed in broad daylight and within the sight of a dozen villagers. The only witnesses who could be called by the prosecution were deeply interested in securing a conviction, for they belonged to the tribe of the victim. They would be examined and cross-examined to show their partisan nature. A clever lawyer could always inveigle them into· making some sort of a contradictory statement. It was also possible, nay· probable, that the relatives of the deceased would endeavour to overstate their case and any exaggeration or distortion introduced into the story could easily be demonstrated to be false. Once this was done, the defence lawyer would be in a position to argue that the witnesses had perjured them- t selves and the maxim falsus in uno, faJsus in omnibus f would apply, and the whole case deserved to be thrown out. The device often proved successful, and as one case I

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after. another ended in th causmg the death of theiJ ders .continued, for whet chastIsement, private ven< Hostilities between the mem1;ers of either faction me~tIon of an open elas st.abon dated from 1906 ".IIIage and men of both SIdes were prosecuted on t !ook action against the ri; mg for a magistrate's orc to ~xecute bonds in sub1 takmg to keep the peace a ~ad. also to produce relia SImIlar undertaking on be an I?dian Villager, and e forfeIture of a bond is a J the forfeiture of a head, fe avenged, but a forfeited want and penury. So the n at least, outwardly. The e time, .and it was not till occurred. In that year a murdered. The very next and the Katta Khel clan Ie Two years later the deadly toll of a Shahbeg Khel mar later by the double murder tribe. The case against thl ders failed, because the evie and wholly unreliable. One to security proceedings and demanded from and furni< both sides. So matters stood in the b the tum of the· Katta Kb

FIRST INFORMATION REPORT

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:ation of nursing and nur.e its head and strike with

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· :lans of the Pathans-the , For years they had been forming a thick cluster · f for years an internecine : he two clans, There were but then suddenly hostili· Ldic clash or a 4uick, weIl.on was situated a quarter if the arm of the law was 'with the situation, but the was always the same story, their revenge and vindicatnot deeply concerned with ate issue of the affair could :rring accuracy, No inde'ith the two factions would rward and risk his life by ulprits, even if the murder ylight and within the sight Ily witnesses who could be : deeply interested in secur,:longed to the tribe of the ined and cross-examined to , clever lawyer could always lme sort ·of a contradictory ihle, nay .. probable, that the ,uld endeavour to overstate ion or distortion introduced .e demonstrated to be false. ','ence lawyer would be in a itnesses had perjured them: in uno, (alsus in omnibus case deserved to be thrown :I successful, and as one case I

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after. another ended. in the acquittal of men charged with causmg ~e death of their enemy, the procession of murders contInued, for where the law failed to administer chastisement, private vendetta succeeded. Hostilities .between .the two clans began before living mem~ers of eIther factIOn <;!ould remember, but the earliest . me~tIon of an open clash in the records of the police st,atIon dated from 1906 when a riot broke out in the ".Illage and men of both clans received injuries. Both SIdes we~e prosecuted. on the charge of rioting. The police !~k actIOn ag~inst t}Ie ring-leaders of both clans by askIn" for a maglstra~e s order whereby they were n:quired to ~xecute bonds In substantial sums of money under!akmg to keep the peace ~nd be of good behaviour. They h:ad. also to produce relIable sureties who would give a SImIlar undertaking on behalf of the trouble-makers. To an I?dian villager, and even more so to a Pathan the forfeIture of a bond is a much more serious matter 'than the forfeiture of a hea,d, for the loss of a life can be easily avenged, but a forfeIted bond means a long period of want and penury. So the magistrate's order brought peace,. a,t least, ou~wardly, The order was renewed from time to time, and It was not till 1921 that the next outbreak In that yeara man of the Shahbeg Khel was occurred. murdered. The very next year this murder was avenged and the Katta Khel clan lost one of their prominent men. Two years later the deadly pendulum reached out to take toll of a Shahbeg Khel man. This was followed two years la~er by the double murder of two men of the Katta Khel tnbe. ,The case against the men charged with these murders faIled, because the evidence was considered interested and wh~ny unrelia~le. Once again the police had recourse to securIty proceedmgs and bonds in heav¥ amounts were demaD;ded from and furnished by the prominent men of both SIdes. So matters stood in the beginning of April 1932. It was the turn of the· Katta Khe1 clan to avenge the double

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THE MURDER OF THE MAHATMA

murder of their men. The security bonds were to remain in force till April 10, 1932, and to do anything before that date would> involve the clan in a heavy financial liability. But the Path an is possessed of inexhaustible patience when he is waiting for an opportunity to strike his enemy. The Katta Khels kept complete control of themselves and had their eyes fixed on the calendar. On April 8 the police officer in charge of the Gunjial police station decided to take no chances and applied to the magistrate for a fresh order against the ring-leaders of both parties. The magistrate issued notices to fifta;n men calling upon them to appear before him on April 14 and &/low cause why they should not again be bound down to keep the peace for a further period of one year. These notices were served upon members of both clans on April 9. The Katta Khels were unhappy about this sudden manreuvre though they could scarcely have expected the police to remain passive. There were just five days left to act and a quick decision had to be made. A quick decision WflS made, and a most ingenious plan which only the Pathan mind is capable of conceiving was devised. While the initial steps in the implementation of the plan were being taken, Gul Khan, a head constable posted at a police station more than a hundred miles from GunjiaI, received a vague intimation of what was afoot. It so happened that this Gul Khan belonged to the Shahbeg Khel clan and /;le knew the past history of the feud. Partly because of his relationship with the intended victims but more because he thought it his 'duty to render ser.ices to government and gain honour' he took immediate action. He wrote off a letter to the Superintendent of Police, the head of the district police force, and sent three telegrams, one each to the District Magistrate, the Superintendent of Police and the Sub-Inspector in charge of the Gunjial police station. The wording of the telegrams was drawn up by the signaller at Gunjial Railway

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Station on the basis of him: 'Came to know throui party resolved to attack ' ShahbegkheI party of v 11-12 April 32 or 12-13 expected, kindly arrange The Sub-Inspector, G telegram at 9 a.m. on th, of policemen, went to 1 8 p.m. He called the v of the danger to the Sh: he later gave in court w not redound to his credit of any trouble througho men were absent from tl that the telegram was n, sounded by a scaremon: dinner. Had he been m cumspect he would have time when his presence i When this circumstance ' he intended to return to tl the night patrolling the I KheI houses. It would b ment as earnest of his gc at the time that the Sub-: courage to stay on, and, ] hours of daylight, he felt j go home. After all, a po] and the telegram might came from a place a hune the guarantee that the se constable and not somebo humour. The Sub-Inspector had sitting at his table in the

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, ity bonds were to remain J do anything before that , , heavy financial liability. : If inexhaustible patience unity to strike his enemy. ;ontrol of themselves and '. ndar.' in charge of the Gunjial , 0 chances and applied to , r against the ring-leaders ~ issued notices to fift~ Lr before him on April 14 not again be bound down >eriod of one year. These ~rs of both clans on April ilappy about this sudden carcely have expected the :e were just five days left :! to be made. ,l.lld a most ingenious plan capable of conceiving was : in the implementation of I Khan, a head constable than a hundred miles from J.ation of what was afoot. han belonged to the Shahe past history of the feud., mship ,with the intended Jught it his 'duty to render in honour' he took immeeUer to the Superintendent ,:rict police force, and sent he District Magistrate, the he Sub-Inspector in charge The wording of the telegnaller at Gunjial Railway

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Station on the basis of a message which Gul Khan sent him: 'Came to know through rcliable source that Kat"..akbeI party resolved to attack with g\lus, pistols, spoors etc. upon Shahbegkhel party of village GunjiaI on night between 11-12 April 32 or 12-13 April 32. Great dangu- of Jives expected, kindly amll1ge. Gul Khan Head Constable." The Sub-Inspector, Gunjial, received his copy of the telegram at 9 a.m. on the lith, and, taking a small posse of policemen, went to the village and stayed there till 8 p.m. He called the village officials and warned them of the danger to the Shahbeg Khel tribe. The evidence he later gave in court was not very satisfactory and did not redound to' his credit. He said he had seen no signs of any trouble throughout the day and the Katta Khe] men were absent from the village, so at 8 p.m., thinking, that the telegram was nothing more than a false alarm sounded by a scaremonger, he went home to have his dinner. Had he been more conscientious and more circumspect he would have realised that that was just the time when his presence in the village was most needed. When this circums~ance was pointed out to him he said he intended to return to the village after dinner and spend the night patrolling the lanes and watching the Shahbeg KheI houses. It would be charitable to accept this statement as earnest of his good intentions, though I thought at the time that the Sub-Inspector had simply lacked the courage to stay on, and, having done his duty during the hours of daylight, he felt it was time to 'call it a day' and go home. After all, a policeman's lot is not an easy one, and the telegram might well have been a 'canard'. It came from a place a hundred miles away, and where was the guarantee that the sender was really a police head constable and not somebody with a mischievous sense of humour. The Sub-Inspector had finished his dinner and was sitting at his table in the police station writing up the

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day's diary when he thought he heard reports of gun-fire. The door of his room was shut and the police constables on the verandah were talking, so he wasn't quite sure whether what he had heard was really gun-fire. But .he could not afford to take any chances, and he quickly put his uniform on. He ordered the constables to prepare for going to the viUage and began to' make an entry in the daily diary about the incident. To a policeman the pen is far more important than the sword, he is most meticulous in carrying out the letter of the Police Rules. For him his duty is like justice: it must not only be done but must alsO' appear to have been done. So .it took. him a little time to complete the formalities relating to his departure from the police station, and he had not yet left when Sher Bahadur Shahbeg Khel arrived and made the following report: 'I have come· to make a report of a murder wb.i~ has boon committed at 9.30 p.rn. tonight. Hayat, Gulln Ata Mohammad, Mohammad Khan, Rab Nawaz, Ghulam Mohammad, GuI~ and Hakim Khan Katta Khels, who were armed with a gun, a pistol and spears, have wonncled me and killed my nephew Mohammad. Sher. I and my nephew Ahmad Khan have witnessed the occurrence with our own eyes. Just before this these very men wounded Hakim Khan in his honse. The deceas'ed Mohammad She':' and Hakim Khan and I bel:ong to Shahbeg Khel party while the accused are Katta Khels. There was old enmity between us.' The Sub-Inspector took pains to record correctly the report made by Sher Bahadur. This was the first in~or­ mation of the crime received by the police and the FIrst Information Report (the technical term for such a report) is a document of considerable importance. It contains the first and generally speaking t4e truest version of what happened before the friends and relatives of the deceased have had time to confer and embellish with corroborative details something they look upon as a bald and

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unconvincing narrative. the police which can b corrobO'rate its maker. the prosecution, and iJ monstrably false, there il For this reason police drawing up an F.I.R. S as possible, so that its siderable, others like to of the informer's story, . filled up later, as the Cl so that evidence on all important, can be obtai! Sub-Inspector of Gunjia put down O'nly the ban time and place' of oce offenders, (c) the weapor the victims and (e) the decide) later which offer pon, what part was pIa exact manner of execut persons who had seen : mentioned, but nothing Hakim Khan's murder. after itself. Somebody Khan at the time and bound to come forwarc offenders. And as for r prits had gone to aftl happened to the weapOI in providing evidence to of innocent filling up is 'police padding' by casu natural state without a1 mings fails to give satis conviction of the accusec

'HE MAHATMA i

heard reports of gun-fire. and the police constables so he wasn't quite sure s really gun-fire, But .he . ances, and he quickly put constables to prepare for to' make an entry in the To a policeman the pen ;word, he is most meticul)f the Police Rules. For :lust not only be done but done. => complete the formalities the police station, and he Ldur Shahbeg Khel arrived

FIRST INFORMATION REPORT

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)rt of a murder which has

might. Hayat, Guliu Ata Nawaz, Ghulam Katta Khels, who and spears, have wounded .hammad Shere I and my nessed the occurrence with I these very men wounded file decease'd Mohammad belong to Shilhbeg Khel Ltta Khels. There was old !11, Rab l1 Khan

to record correctly the' This :was the first infor'y the police and the First cal term for such a report) mportance. It contains the he truest version of what ld relatives of the deceased embellish with corrobora)ok upon as a bald and

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unconvincing narrative. It is the only statement made to the police which can be proved at the trial in order to corroborate its maker. It is the very basis of the case for the prosecution, and if an essential part of it is demonstrably false, there is little hope of the case succeeding. For this reason police officers take great pains while drawi.ng up an F.I.R. Some like to include in it as much as possible, so that its evidentiary weight may be considerable, others like to put down just the barest skeleton of the inforDler's story, leaving gaps and omissions to be filled up later,as the case develops during investigation, so that evidence on all points, important as well as unimportant, can be obtained or 'prepared' if need be. The Sub-Inspector of Gunjial followed the latter course and put down only the bare essentials of the crime, (a) the time and place' of occurrence, (b) the names of the offenders, (c) the weapons used by them, (d) the names of the victims and (e) the motive. He would find out (or decide) later which offender was armed with which weapon, what part was played by each and what was the exact manner of execution adopted. The names of the persons who had seen Mohammad Sher's murder were mentioned, but nothing was said about the witnesses of Hakim Khan's murder. This matter, too, could look after itself. SO'mebody must have been with Hakim Khan at the time and one or two eye-witnesses were bound to come forward and give evidence against the offenders.' And as for minor details like where the culprits had gone to after the murder and what had happened to the weapons, there would be no difficulty in providing evidence to complete the picture. This type of innocent filling up is often given the derisive name of 'police padding' by casuistical judges, but a case in its natural state without at least a few ornamental trimmings fails to give satisfaction even if it results in the conviction of the accused persons.

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SO, Sub-Ins~vCtor Mohammad Amin who was on the whok an honest, simple-minded but earnest police officer, carefully took down Sher Bahadur's report in quadruplicate and handed one copy to the informer,. despatched another by a special messenger to the magistrate at Khushab, another to the head of the district police and placed the last copy on the records of the police station. He sent a message to the local doctor asking him to proceed immediately to Hakim Khan's house, and, taking four constables with him, hurried to the village. Hakim Khan was not yet dead, and though his condition was very grave he was able to stammer out a brief statement. As soon as the doctor arrived, he certified in writing thai Hakim Khan was 'in his senses and in a fit condition to make a statement'. The Sub-Inspector then recorded what Hakim Khan said: 'Hayat son of Dost Mohammad, Ghulam Mohammad fion of Ahmad Yar, Gullan and Hakim Khan sons of Khndayar and Rab Nawaz son of Mil- Boz came armed with spems into my house when I was sitting in my court· yard and injured me. It was a moonlit mgbt, and also a lantern was burning. Mohammad Kban son of Hayat Khan, resident of Kundian, my wife's brother, Noor Mohannnad son of Anis and my mother..&n-law Sabbai were present near me.' This statement was made at 10.30 p.m., and soon after mB.king it Hakim l(han died. Such a statement, or, as .it is called, the dying declaration of the deceased, is a most important piece of evidence. Courts rightly attach great weight to death-bed utterances, for a man about to face his Creator may be expected to speak only the truth. It was comforting to know that the dying man had corroborated the F.I.R. The five assailants named by him had also been named by Sher Bahadur. The use of spears was a common element and the mention of ~he moon and lantern would resolve any doubts regardmg the ability of witnesses to identify the culprits at night.

But also fresh difficult c1aration contained onl the F.I.R., and there wi Moreover the injuries Khan were all punetl pointed weapons. He at all. This was a pI attended to, and if no one would have to be Meanwhile the inves were interrogated. S10 Five men (named by Ha entered Hakim Khan's Ata Mohammad and M in front of the house. ' guns and a revolver. 1 assailants had rushed 01 All eight had then gone tried to escape by diml dead by Hayat who h. gun. Sher Bahadur wa a number of spear injl serious. There were tb and three of the secon culty at all, and the tri~ Inspector Mohammad j that, despite cross-exan witnesses would stand tell the truth and nothi the best policy. The c! though he 'had not be owing to a slight mise make up for his lapse superiors, when the cuI] During the investigat had been made to conf Katta KheI party. TVI

FIRST INFORMATION REPORT HE MAHATMA

I Amin who was on the but earnest police officer, fur's report in quadrupli; the informer, despatched • er to the magistrate at · Df the district police and · )rds of the police station. loctor asking him to prohan's house, and, taking ied to the village. ld, and though his con~i­ e to stammer out a bnef · .or arrived, he certified in 'in his senses and in a fit The Sub-Inspector then id: lad, Ghulam Mohammad ad Hakim .Khan sons of of Mil- Boz came: armed I was sitting in my court; ,l moonlit,pI"'gbt, and also .amad Khan son of Hayat ny wife's brother, Noor my motber-&n-law Sabbai

l0.30 p.m., and soon after Such a statement, or, as ion of the deceased, is a' ceo Court~ rightly attach lllCeS, for aman about to :d to speak only the truth. :hat the dying man had five assailants named by her Bahadur. The use of t and the mention of the lve any doubts regarding ltify the culprits at night.

35

But also fresh difficulties had appeared: the dying declaration contained only five names instead of eight in the F.I.R., and there was no mention of a gun or pistol. Moreover the injuries found on the person of Hakim Khan were all punctured wounds caused by sharppointed weapons. He had received no firearm injuries at all. This was a problem which would have to be attended to, and if no solution to. it were forthcoming, one would have to be contrived. Meanwhile the investigation continued and witnesses were interrogated. Slowly the entire picture emerged. Five men (named by Hakim Khan) armed with spears had entered Hakim Khan's house, while three others, Gullu. Ata Mohammad and Mohammad Khan had stood gllard in front of the house. These three were .armed with two guns and a revolver. After attacking Hakim Khan, his assailants had rushed out and rejoiiled their companions. All eight had then gone to Mohammad Sher's house. He tried to escape by climbing on to the roof, but was shot dead by Hayat who had, in the meantime, acquired a gun. Sher Bahadur was attacked in the lane and given a number of spear injuries which fortunately were not serious. There were three witnesses of the first murder and three of the second. The case presented no difficulty at all, and the trial would proceed smoothly. SubInspector Mohammad Amin had not the slightest doubt that, despite cross-examination by learned counsel, the witnesses would stand firm. He would advise them to tell the truth and nothing but the truth. It was always the best policy. The case must result in conviction, and though he had not been able to prevent the murders owing to a slight miscalculation, he would more than make up for his lapse by winning th~ applause of his superiors, when the culprits were hanged. During the investigation it transpired that an attempt had been made to confuse matters by some men of the Katta Khel party. Two of them went to C'hakrala a

36

FIRST INF

THE MURDER OF THE MAHATMA

hundred miles away and made an obviously false report of .the loss of a horse and a mare at the police station. This report had been recorded by Head Constable Gul Khan who, suspecting that this was part of some ingenious plan to murder his relatives (Gul Khan as I have alrea~y mentioned was himself a Shahbeg Khel) had sent warrung telegrams to the local authorities. The report at Chakrala was made by Saidulla, son of Ahmad Yar, an? Ghulam Mohammad, son of Dost Mohammad. Salduna was a brother of the Ghulam Mohammad named in the F.I.R. and neither of the two men who had gone to Chakrala had taken part in the murders. Nor had they ~en falsely named. Two others had similarly gone to dIstant places and created unanswerable alibis for themselves. One of them named Mohammad Khan courted arrest by pretending to be a bad character and being Without any ostensible means of livelihood. He was promptly taken into custody and placed in the police lock-up. This happened on the evening of April 10, at a place more than a hundred miles from Gunjial. The other, Ahmad Yar, was arrested for exactly the same reason and in similar circumstances at 9 p.m. on the 11th at a place more than ten hours' Journey by train from Gunjial. Copies of these reports were received by Sub-Inspector Mohammad Amin, and he saw' in them no cause for confusion or anxiety. They ifell niceJy into the pattern of ~he case. he was preparing and gave him an opportumty of tIghtening the noose round the necks of the murderers. He decided to produce this evidence in court in order to show that these alibis were part of a well-conceived and deliberately planned act, and the men who committed a crime of this nature deserved no quarter., Ahmad Yar had left one of his sons' Ghulam Mohammad, to vindicate the family honour whiie he himself and his other son, Saidulla, had made sure of their own safety by escaping to distant places and creating

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evidence of their pres( had done the same thi mad Hayat, to avenge who were murdered tw the Pathans to run a' would serve the Sub-II go to strengthen the c The case opened b, There were seven pr accused, Ghulam Mob absconding and had n cution was in charge who was assisted by ~ cate of Sargodha on 1 conducted by the two district-Rai Bahadur Ghani. It was going the way. It was. The first witness to death and the injuri( men had been tend brother of Hakim Kl In examination-in-c

'

Hakim Khan dec the evening when mother Sabhai wenl let me use his thl Hakim Khan was I of his house and M sat down on the g said he intended to two days as he wal when he should ha' magistrate's summ( men of the Shaht

·'HE MAHATMA

FIRST INFORMATION REPORT

37

an obviously false report lare at the police station. by Head Constable Gul was part of some ingenies (Gul Khan as I have a Shahbeg Khel) had sent · authorities. The report ulla, son of Ahmad Yar, 11 of Dost Mohammad. he Ghulam Mohammad of the two men who had art in the murders. Nor Two others had similarly ~ated unanswerable alibis named Mohammad Khan } be a bad character and neans of livelihood. He y and placed in the police e evening of April 10, at miles from Gunjial. The ·ted for exactly the same ,tances at 9 p.m. on the 1 hours' Journey by train

evidence of their presence there. Ghulam Mohammad ha,d done the same thing and left his brother, Mohammad Hayat; to avenge the blood of the two Katta Khels who were murdered two years previously. It was unlike the Pathans to run away from danger, but the alibis would serve the Sub-Inspector's purpose admirably, and go to strengthen the case for the prosecution. The case opened before me on November 21, 1932. There were seven prisoners in the dock, the ei,Bhth accused, Ghulam Mohammad, son of Ahmad Yar was abs.conding ~nd had not been apprehended. The prosecutIon was III charge of a capable Public Prosecutor who was assisted by Mr. Shanti Narain, a leading advocate of Sargodha on the criminal side, the defence was conducted by the two most prominent advocates of the district-Rai Bahadur Brij Lal Puri and Sheikh Abdul Ghani. It was going to be hard going for everyone all the way. It was. The first witness to be called (after formal evidence of death and the injuries sustained by the two murdered men had been tendered) was Nur Mohammad, the brother of Hakim Khan's wife. In examination-in-chief he said:

: received by Sub-Inspecsaw in them no cause for :ll nicely into the pattern and gave him an opporround the necks of the' luce this evidence in court alibis were all part of a .y planned act, and the )f this nature deserved no · one of his sons, Ghulam mily honour while he hima, had made sure of their stant places and creating

Hakim Khan deceased was my sister's husband. On the evening when this incident took place I and my mother Sabhai went to his house to ask him if he could let me use his threshing-floor on the following day. Hakim Khan was reclining on his cot in the courtyard of his house and Mohammad Khan was with him. We sat down on the ground near Hakim Khan's cot. He said he intended to thresh his own wheat during the next two days as he wanted to finish- the job before the 13th when he should have to go to Khushab in answer to the magistrate's summons. While he was saying this. five men of the Shahbeg Khel party [the witness named

38

THE MURDER OF THE MAHATMA FIRST INF(

themJ rushed in 'with spears and began to stab Hakim Khan. Mohammad Khan and I got up and ran to a roo~ which .opened into the courtyard. We came out agam when It was all. quiet. It was a moonlight night and there was a lantern in the room we entered. I was able to identify all the assailants quite clearly. When we came out ag~in, Hakim Khan was lying on the gr.ound and bleedmg profusely. He was, however, still alIve. When we were inside the room we had heard the sound of a shot and after coming out into the court. ~ard we heard two. or three more gun-fire reports,f A lIttle later the Sub-Inspector and the doctor arrived llnd Hakim Khan's statement was recorded by them. :the Publi? Prosecutor had very cleverly elicited only a bnef unvarnIshed account of the occurrence, without any of the embarrassing details which make it difficult to !econc~le the eyidence of several witnesses, each of whom IS. anxIOUS to !~press th~ c.ourt by giving as complete a pIcture as pOSSIble, even If m so doing he has to draw on his imagination. But the defence counsel were not going to let the matter rest there. They took charge of him ~nd ~lowly, persistently, ruthlessly began to crossexamme hIm. They questioned him first about his relationship with the other witnesses and with the prisoners. Mohammad Khan was admitted to be his cousin. The other eye-witnesses were also close relatives. Apart from the family feud between the Katta Khels and Shah beg Khels, there were personal grudges and animosities between the witnesses and the prisoners. Rab Nawaz and his brother had brought a suit against the witness for the r~overy of ~ sum of money, another prisoner had given eVIdence ag~mst him in a criminal case. His gun licence had been WIthdrawn on the complaint of one of the prisoners. The questions were then directed to the incident itself. Why had his mother Sabhai accompanied him? 'For no particular reason: the witness replied.

Was Hakim Khan's wi

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leaving the house as we Didn't she stay back visit Iwr? 'No.' During the prefunirull hadn't the witness said house for some time and

said this.' The witness's previOt had, in ifact, said on th behind for some time aJ to explain the discrepan he had made such a sta The cross-examinatio: light in the courtyard, a identify all the assailaJ Where was the lantern? when his brother-in-law many injuries were inf assailants O'f Hakim Kl him? Did they try to pi The interrogation went till every possible detail Sabhai was the next \ the story related by he said she had accompani to bear on her son-in-l: threshing-floor. This w already said 'no' to Nt: and she thought she w( his mind. This fact had statement to the' magis snatch away Ghulam M cess she had received ( juries were no more th , of both hands, and it w; had been subsequently I

· THE MAHATMA

and began to stab Hakim ld I got up and ran to a courtyard. We came out It was a moonlight night· · e room we entered. I was i lants quite clearly. When Khan was lying on the y. He was, however, still , he room we had heard the : )ming out into the court· more gun-fire reports.t A ~ and the doctor arrived ,t was recorded by them. ! !ry cleverly elicited only a · e. occurrence, without any · hlch make it difficult to I witnesses, each of whom by giving as complete a ) doing he has to draw on ,~fence ~ounsel were not ·:re. They took charge of uthlessly began to cross;d himfil'st about his re;es and with the prisoners. d to be his cousin. The )se relatives. Apart from '~atta Khels and Shah beg dges and animosities besoners. Rab Nawaz and . Lgainst the witness for the 10therprisoner had given 1al case. His gun licence ilplaint of one of the priI

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:~ted to the incident itself. ;accompanied him? 'For ;s replied.

. FIRST INFORMATION REJ;'ORT

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Was Hakim Khan's wife present in the house!? 'She was kaving the house as we entered.' DIWl"t she stay back on seemg her mother coming to visit her? 'No.' During the preliminary enquiry before the magistrate, hadn~t the witness said that his sister remained in the house for some time and then went out? 'No, he had not said this.' The witness's previous statement was read out. He had, in ifact, said on that occasion that his sister stayed behind for some time and then went out. He was asked to explain the discrepancy. He persisted in denying that he had made such a statement in the magistrate's court. The cross-examination continued: Was there enough light in the courtyard, and was the witness really able to identify all the assailants? How high was the moon? Where was the lantern? Did the witness raise an alarm when his brother-in-law was attacked so brutally? How many injuries were inflicted, and by whom? Did the assailants of Hakim Khan say anything before attacking him? Did they try to pursue the witnesses into the room? The interrogation went on about and around the incident till every possible detail had been brought out. Sabhai was the next witness to be called.. She repeated the story related by her son. In cross-examination she said she had accompanied him to bring her own influence to bear on her son-in-law and persuade him to lend his threshing-floor. This was necessary as Hakim Khan had already said 'no' to Nur Mohammad earlier in the day, and she thought she would be able to make him change his mind. This fact had not- been mentioned by her in her statement to the' magistrate. She said she had tried to snatch away Ghulam Mohammad's spear and in the process she had received cuts on both her hands_ Her injuries were no more than .slight scratches on the fingers - of both hands, and it was argued by the defence that they had been subsequently caused by a friendly hand to lend

40 I

FIRST II'

THE MURDER OF THE MAHATMA

conviction to her story. She was closely questioned on this point and her answers were far from convincing. 'I do not remember if the doctor saw my injuries at the house. I cannot say whether it was the dispenser from the hospital or the doctor who bandaged my hand. I do not know if the Sub-Inspector made a note in his papers about my injuries.' On a number of minor matters she made statements contradictory to what her son had said. .The third witness, Mohammad Khan, was also a relative. He was a resident of Kundian, a town six hours' journey by train from Gunjial. He had come to Gunjial three or four days before the 11th to have his bitch cov€red, and was staying with Hakim Khan. The rest of his story followed the same pattern. He was crossexamined at length, and it transpired that Head Consta~le Gul Khan of Chakrala was his sister's husband and HakIm Khan's wife was his first cousin. The reason for his visit to Gunjial provoked a number of questions. The witness had obviously anticipated this line of attack and prepared himself to meet it. 'I did not hear Hakim Khan's dog or my bitch bark. They are greyhounds and greyhounds do not bark. The dogs were in a room, they did not attack the prisoners.' Three witnesses of Mohammad Sher's murder followed and were cross-examined. The prosecution then called evidence to show that four men of the Shahbeg Khel party had deliberately absented themselves from Gunjial on the night of the murders and fabricated alibis. This could only mean that the whole affair had been previously planned, and in this respect the alibis constituted an important piece of corroborative material. Finally, SubInspector Mohammad Amin was examined on matters relating to investigation, and the case for the prosecution was closed. The prisoners were examined and asked to explain the evidence pro.duced against them. They all said they were innocent and had been falsely implicated because of the

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old-standing enmity 1 them, Gullan and Ral Prosecutor looked sce the folly and futility what he called a ca witness after another strange story unfolded Khels was seen to bt than had, at first, aPr Gullan's defence wa Officer of the Goven Lala Musa (120 miles 9th April and remain. 10th. He then starte( the way he dismounte urinate. A motor-Iorr' of its engine frightene galloped away. He Sf his mount, and the fe He visited the village tained some medicine f to Dhinga where there a report of the loss oj Lala Musa. He had t( the Co-operative Bank a ticket he boarded the detrained at midnight the railway police on ticket. He remained ir he was produced befon and was convicted and turned home to be tolc of murder committed c This long and elabora particular by evidence Education Officer dep01 from the evening of the

FIRST INFORMATION REPORT

IE MAHATMA

clQsely questiQned Qn far from cQnvincing. 'I . my injuries at the hQuse. dispenser from the hQs. cd my hand. I dO' nQt . e a nQte in his papers er of minQr matters she , what her SQn had said. , Khan, was alsO' a rela, dian, a tQwn six hQurs' , He had CQme to' Gunjial 11 th to' have his bitch lkim Khan. The rest Qf attern. He was crossred that Head CQnstable ':er's husband and Hakim The reaSQn iQr his visit questions. The witness e of attack and prepared ir Hakim Khan's dog Qr unds and greyhQunds dO' lorn, they did nO't attack 1S

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:l Sher's murder fQllQw-

prQsecution then called , the Shahbeg Khel party '.ves frQm Gunjial on the ated alibis. This CQuld ir had been previQusly :tlibis cO'nstituted an imnaterial. Finally, Subs examined Qn matters .case fQr the prosecutiO'n

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lind asked to explain the '. They all said they were JpJicated because Qf the

41

O'ld-standing enmity between the twO' families. Two Qf them, Gunan and Rab Nawaz, pleaded alibi. The Public PrQsecutor IQoked sceptical ano shrugged his shoulders at the folly and futility Qf producing defence evidence in what he called a cast-irQn case. But as Qne defence witness after another made his depO'sition in CO'urt, a strange stO'ry unfO'lded itself, and the plan Qf the Shahbeg Khels was seen to' be even deeper and mQre diaboIicail than had, at first, appeared. Gullan's defence was that he went to see the EducatiQn Officer Qf the GQvernment CO'-O'perative Department at Lala Musa (120 miles frQm Gunjial) O'n the evening O'f the 9th April and remained with him till the mO'rning of the 10th. He then started back fO'r hO'me O'n his mare. In the way he dismQunted and sat down by the roadside to' urinate. A motO'r-lorry happened to' pass by and the nO'ise O'f its engine frightened the mare, whO' brQke loose and galIO'ped away. He spent the rest O'f the day IO'oking fO'r his mount, and the following morning he was taken iII. He visited the village dispensary at Chelianwala and obtained sO'me medicine from the dO'ctO'r. He then prO'ceeded to' Dhinga where there is a police statiO'n. There he made a report of the loss O'f his mare and then went back to' Lala Musa. He had to gO' to' Jhelum to' see an official of the Co-O'perative Bank about a IO'an, sO' withO'ut buying a ticket he boarded the night train fO'r Jhelum. There he detrained at midnight and was immediately arrested by the railway police O'n the charge O'f travelling withQut a ticket. He remained in police custO'dy till the 13th, when he was prO'duced before a magistrate. He pleaded guilty and was convicted and fined. He paid the fine and returned hO'me to be tO'ld that he was wanted O'n a charge of murder cO'mmitted O'n the evening of the 11 tho This IO'ng and elabO'rate stO'ry was substantiated in ~very particular by evidence O'f the mO'st cO'nvincing type. The EducatiO'n Officer deposed to' Gullan remaining with him frO'm the evening O'f the 9th until the morning O'f the 10th'.

42

THE MURDER OF THE MAHATMA

An entry in the register of outdoor patients maintained by the doctor at Olelianwala mentioned GulIan's visit to the dispensary on the 11 tho The police records of Dhinga contained a report made- and thumb-marked by Gullan, and finally there was the evidence of a police official and a magistrate of Ihelum whic-R left no doubt whatsoever that GulIan was arrested at midnight on the 11th, on the charge of travelling without a ticket, and detained in police custody till the 13th when he was convicted and fined. There could be no question of the genuineness of this evidence. It was impossible to fabricate police (and magisterial records, nor was there anything suspicious about the register O'f the Chelianwaia dispensary. Lala Musa is more than a hundred and twenty miles from Gunjial and Jhelum is twenty miles farther. To reach Ihelum, one must leave Gunjial a whole day earlier, for there is no direct railway connecting the two places, and Gunjial is on a branch line along which only slow trains travel. Gullan's thumbprints taken in the police register at Dhinga and at Ihelum left no doubt regarding the identity of the man who had been moving from place to place during the period April 9 to April 12. . It was thus proved beyond the shadow of a doubt that Gullan had not taken part in the crime. Yet this story had more than a tinge of the artificial about it. His movements between the 9th and the 13th were not the movements of a man going about his business in a normal manner. The aimless wandering in search of what was perhaps an imaginary mare, the visit to a dispensary for the treatment of a malady which was cured in amiraculously short time, the deliberate commission of an offence against railway law and the naive courting of an arrest on the very evening the murders were committed, seemed calculated to forestall something which was previously known to Gullan.. . The alibi of Rab Nawaz followed the same pattern. It was equally artificial and equally conclusive.' Like Gullan

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he had chosen to say ary enquiry by the III was: .

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I ~m innocent. ( not III Gunjial. On Sargodha and bOUB took the Ajnala tra c~)Vered that the ma VIOUS day, so I rushj begun moving, and • fell o~t of the fold j the railway Baboo c; I could not pay the ( Musa the next morn report against me. j and I was released ceeded to Khushab the securities caSe at a police officer arres . Evidence to prove I srate!llent was called a denYIng Rab Nawaz's So, out of the sevl whom six. eye-witnesse: had complete and unal s<;>mehow things had gc pIece of fiction? Had ~nd ~~ any witnesses We Id~nhfy the assailants? . mJtt~d by everyone on paSSIon for revenge o~ that the witnesses had il ce·nt persons without rel rash step.

FIRST INFORMATION REPORT MAHATMA

)atients maintained by d GulIan's visit to the ce records of Dhinga lb-marked by GulIan, )f a police official and no doubt whatsoever . ht on the 11th, on t~e . ::ket, and detained tn : he was convicted and : ' of the genuine.ness of :0 fabricate poltc~ ,.and : ~e anything SUSpICiOUS : ¥ala dispensary. Lala nd twenty miles from Jes farther. To reach whole day earlier, for ng the two places, a!1d which only slow tr!lms :n in the police regIster :.0 doubt regarding the : I moving from place to :0 April 12. shado~ of a do~bt that ! crime. Yet th~s story artificial about It. HIS the 13th were not the his business in a normal in search of what was ~isit toa dispensary for was cured in amiracul'ommission of an offence le courting of an arrest ". were committed, ~eero­ 'ug which was previOusly

he had chosen to say nothing at the time of the preliminary enquiry by the magistrate. His statement before me was: I am innocent. On the night of the occurrence I waS. not in Gunjial. On the morning of April 11, I went to Sargodha and bought a railway ticket for Ajnala and took the AjnaJa train. When I reached Ajnala, I discovered that the man I had gone to see had left the previous day, so I rushed back to the train. The train had begun moving, and in the ensuing confusion, my money fell out of the fold of my loin-cloth. At the next halt the railway Baboo caught me and kept me in custody as I could not pay the excess fare. I was sent back to Lala Musa the next morning and there the police recorded a report against me. A man came forward to pay my fare and I was released at noon on the 12th. I then pre· ceeded to Khushab to appear before the magistrate in the securities case against me and my relatives. There a police officer arrested me on the charge of murder.

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oVed the same pattern. It conclusive. Like Gullan

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Evidence to prove each and every fact in the above statement was called and produced. There could be no denying Rab Nawaz's innocence. So, out of the seven prisoners in the dock against wbom six eye-witnesses bad given sworn testimony, two had complete and unanswerable alibis. Somewhere and somehow things had gone wrong. Was the whole case a piece of fiction? Had anybody seen the murders at all, and if any witnesses wr;:re present, had they been able to identify the assailants? Had wholesale perjury been committed by everyone on the prosecution &ide or had the passion for revenge overpowered reason so completely that the witnesses had introduced the names of two innocent persons without realising the consequences of such a rash step.

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THE MURDER OF THE MAHATMA

It was this last hypothesis on which the Public Prosecu-

tor pinned his faith. His argument was that courts of law attached altogether too great an importance to the. F.I.~. It was no doubt right and proper to treat the earlIest 10formation of an offence given to the police as the basis of the prosecution story, but this attachment to the F.I.R. must not be allowed to become a sort of religious preoccupation. The informer could have made a genuine mistake or he might have been led into a slight exaggeration by his enthusiasm. The evidence showed that five of the persons had most certainly taken part in the murders -the two who had pleaded alibi could be given the benefit of doubt and acquitted. He made a vehement appeal for the conviction of five men and asked for the death sentence for each of them. The advocates for the defence followed. Rai Bahadur Brij Lal Puri, a seasoned lawyer, tall and proportionat~ly broad got up and stood like a massive tower in the mlddIe of' the court-room. He began by saying that his task was an easy one-two of the men had certainly not taken part in this dastardly crime, yet six witnesses had sworn that they had seen Gullan and Rab Nawaz among the men who attacked Hakim Khan and shot Mohammad Sher. How could any statement made by such witnesses be believed. False in one thing false in everything was a wellaccepted, safe and salutary principle of the law of evidence etc. etc. The case against his clients was wholly false ~nd baseless, and aU of them must be acquitted. Shaikh Abdul Ghani, a more impassioned speaker-he was a politician and an elected member of the Punjab Legislature, came last. He pointed out the flaws ,and di~­ crepancies in the depositions of the witnesses, stressed the~r partisan leaning, their entire disregard for truth and thelf insatiable, relentless desire for revenge. The whole prosecution story was a tissue of lies, and no court of law would hang a tiny sparrow on such tainted, such palpably false evidence, etc.

FIRST l]S

What had happened magistrates and judge to the villagers. The) a false F.I.R. seldon accused persons. Tr which even a partial1; otherwise good case. if an element of falseb to creep into the F.B was planned and six out of Gunjial with dl cate alibis for thems among the twel~e Sha bound down to keep the police had applie order. They had a April 14. They were party and would be important planned all! inevitably be named . took part in the murd if they kept Qut of the be falsely named as actually taken an act The anticipated ha the trap, and two of named in the F.I.R. a Afterwards it was tOi the witnesses persiste< and Rab Nawaz with the real murderers. certain of their guilt I was clearly false and Gullan and Rab Na All the seven accu l

IE MAHATMA

hich the Public ProsecuIt was that courts of law importance to the F.I.R. : to treat the earliest in· the police as the basis of lttachment to the F.I.R. · a sort of religious prei have made a genuine · i into a slight exaggera• (euce showed that five of · lken part in the murders :ould be given the benefit Ie a vehement appeal for asked for the death sen-

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followed. Rai Bahadur . tall and proportionately lassive tower in the midn by saying that his task n had certainly not taken six witnesses had sworn lb Nawaz among the men I shot Mohammad Sher. by such witnesses be be·in everything was a welllciple of the law of evist his clients was wholly tern must be acquitted. impassioned speaker-he . f member of the Punjab ted out die flaws and dishe witnesses, stressed their regard for truth and their ')r revenge. The whole t lies, and no court of law I1ch tainted, such palpably

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What had happened was plain enough. The attitude of magistrates and judges-towards the F.I.R. is well known to the villagers. They also know that a case founded on a false F.I.R. seldom results in the conviction of the accused persons. There have been scores of cases in which even a partially inaccurate F.I.R. has defeated an otherwise good case. So the Shahbeg Khels thought that if an element of falsehood could be introduced or allowed to creep into the F.I.R. they would be safe. The murder was planned and six of their men were deliberately sent out of Gunjial with detailed instructions on how t? fabricate alibis for themselves. Five out of these SIX were among the twelve Shahbeg Khels who had been previously bound down to· keep the peace and in respect of wh9ID . the police had applied 'for a renewal of the magistrate's order. They had all been summoned to appear on April 14. They were the ring-leaders of the Shahbeg Khel party and would be expected to participate in anything important planned and executed by the clan. They would inevitably be named by the opposite party whether they took part in the murder or not. So it was a safe bet that if they kept Qut of the affair. some. at least. of them wOl;lld be falsely named as having been present and as havmg actually taken an active share in the proceedings. . The anticipated happened. The Katta Khels feU mto the trap. and· two of the six who had gone away. were named in the F.I.R. as having been among the assaIlants. Afterwards it was too late to retrace the false step•.and the witnesses persisted in the folly of implicating Gullan and Rab Nawaz with the rest who in all probability were the real murderers. But no court could be absolutely certain of their guilt and convict the~ on evidence which was clearly false and perjured in so far as it related to Gullan and Rab Nawaz. AlI the seven accused were acquitted.

A CAS

THREE A CASE OF POISONING ONE of the hardest things to prove in a court of l~w is a charge of murder by poisoning. The reason is that in such a case there is usually no direct evidenct:l of the crime. Poisoning is a deliberate and pre-planned.- act. The murderer has to acquire the p6ison and find an oppertunity of administering it in circumstances which do not arouse the suspicions of his victim, otherwise the attempt will fail, and the would-be murderer will stand unmistakably revealed. So the poisoner acts with care and circumspection; he chooses a time and place which are calculated to obviate discovery. No one must see him actually administering the poison, and he must remove traces of his association with the crime. All that is available in such cases is circumstantial evidence, with motive as the most important ingredient. Motive undoubiedly is good and admissible evidence of crime. The man in the street is even apt to accept it as complete proof of guilt. The accused person, he argues,had a cogent and compelling reason for killing the deceased, no one else had any desire to compass his death, ergo, the accused person is' the murderer. But a moment's reflection will show that, at best, the motive is only one part of the case for the prosecution. By itself it ,cannot sustain the entire burden of proof. It is a circumstance which may give rise to very strong suspicion, but suspicion, however strong, can never take the place of proof. There is an obvious fallacy in the argument: he wanted to do it, therefore he must have done it. For this reason, courts of law have laid down a very just and salutary principle for judging the weight and

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value of drcumstantia this: The evidence pro inconsistent with the iJ lead to one conclusion a ed is guilty. So, in addit prove means and 0PI there must be proof 0: proof of motive. In th death was caused by p dence of the fact that t session. the particular p lastly, It must be prove tunity to administer the ed. In most cases of mt of the investigation, and nature and points unm police find it hard to n the case by supplyin
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. A CASE OF POISONING

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iONING )ve in a court of law is 19. The reason is that :> direct evidence of the . e and pre-planned,. act. poison and find an opcircumstances which do victim, otherwise the atbe murderer will stand poisoner acts with c~re a time and place whlch y. No one must see him n, and he must remove .; crime. lSes is circumstantial eyinportant ingredient. ~o­ lissible evidence of cnme. t to accept it as complete son, he argues,had a cokilling the deceased, no pass his death, ergo, the But a moment's reflecmotive is only one part By itself it ,cannot sus,f. It is a circumstance 'ong suspicion, but suspi, take the place of proof. the argument: he wanted Ie done it. w have laid down a very judging the weight and

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va.h~e of cir~umstantial evidence. And the principle is !hlS. ~he eVId~nce pr?duced by the prosecution must be mconslstent wIth t~e mnocence of the accused. It must

lea~ to ~me conc~ USIon .a?d bne conclusion only-the accused IS gUllty. So, m addItIon to motive, the prosecution must prove means and opportunity. In cases of poisoning there must ~e proof of three matt~rs in addition to the proof of motIve. In the. first pI aCt: It must be shown that death was caused by pOlson, secondly there must be eviden~e of the fact that the accused person had in his posseSSIOn the particular poison which caused the death and last!y, it must, b,e proved th.at th~ accused had the op.po~­ tumty to admIlllster the pOlson m question to the deceased. In most cases of murder, motive is the starting-point of the investigation, and where the motive is o'f an unusual nature and points unmistakably to one person only, the police find it hard .to resist the temptation of completing the c~se by supplymg what they feel cOllvinced exists, if only It could be discovered. This tendency, however deplorable, is frequently observed in India, and the lamentable fact is that the highest and the most conscientious police authorities give countenance to it. They would vehemently repel the suggestion that this really amounts to fabrication of false evidence, and justify the irregularity by pleading that magistrates and judges are unduly peevish while; dealing with criminal cases and demand nothing short of a /foolproof case to justify a finding of guilty: so there is really no harm in pandering to their wishes. After all, so the argument continues, the person in the dock is guilty and deserves to be punished for his crime. Why should the ends of justice be sacrificed to an excessively squeamish conscience? This way of thinking is, however, fraught with the gravest danget to the liberty of the individual. It is not for t~e .prosecution to detennine the guilt of a suspect, or adjudIcate upon matters which fall within the function

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THE MURDER OF THE MAHATMA

of courts. The prosecution cannot assume as proved the charge against an accused person, and then proceed to make sure of the ultimate issue by procuring false witnesses or fabricating evidence with the object of satisfying the court. Many good cases are ruined by over-zealous police officials. I know of cases where a little more initiative and energy displayed in the matter of investigation would have brought important material to light, and obviated the necessity of filling up lacunae with fabricated evidence. By way of, illustration, I may recall the case which arose out of the murder of Mohinder Singh by poisoning. f\t 11.30 p.m. on the 9th of February 1957, Dharamvir Singh, a young man of 19 or 20, went to the police post at Yamunanagar and made a report to the effect that his nephew, Mohinder Singh, had died very suddenly when he was about to take his evening meal in a local hotel. The story he related was that earlier in the day, Mohinder Singh, accompanied by three other persons, Ram Kishan, Ram Parshad and Krishna, had gone to see him at his house, in order to discuss the purchase of some land owned by Dharamvir Singh. When the matter was concluded, Ram Parshad and Krishna left, but Mohinder Singh and Ram Kishan stayed on. All three went to see a show at a local cinema-house and when they came out at 9.30 p.m. they decided to go to a restaurant for their evening meal. They accordingly went to the Punjab Hotel and took a private room as the dining-room was too crowded. They ordered dinner, and sat down to wait for the meal. Mohinder Singh left the rqom to go to the lavatory, and when he returned a few moments later he suddenly collapsed and fell down unconscious. Ram Kishan and Dharamvir Singh lifted him up and placed him on a charpoy which was in the room. The hotel proprietor was summoned, and a man was immediately sent to fetch a doctor. Mohinder Singh's condition was rapidly worsening, and by the time the doctor arrived he appeared to be in extremis.

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Dharamvir Singh sen: also sent a jeep to fl his house. In the me' M~hinder Singh, gav: r~vIve h~s :failing heal hmder Smgh died witt ill. Dharamvir Singh 'Mohinder Singh was hemp. His death hal heart failure. There j on this point.' Ram Kishan had at police post, and he . ' terms. HIS statemenl official before he proc mence his inquiries. The usual routine I paring statements and tuary for post-mortel meantime the relativel could throw no light the story of an accidel accepted. The dead body reac of February 10, but tl forming the autopsy l: close relative of the dl doctor of her Own choi, said she would obtain ~he official doctor agn bves of the deceased aJ own doctor to be pres< thus occurred, and it w that the post-mortem By this time everybody' . foul play was suspected,

A CASE OF POISONING

MAHATMA

assume as proved the and then proceed ~o 'y procuring false .wItl the object of satIsfy~ ruined by 6ver-zeal?~s vhere a little more mImatter of investigation terial to light, ail.d obacunae with fabrIcated I may recall the case of Mohinder Singh by )ruary 1957, Dharamvir went to the police po~t )rt to the effect that hIS :xl very suddenly when , meal in a local hotel. ~ in the day, Mohinder . r persons, Ram Kisha':l' : gone to see him at hIS :hase of some land own:he matter was conc~ud­ :ft, but Mohinder Smgh three went to see a show .:1 they came O?t at 9:30 '.aurant for theIr evenmg ) the Punjab Hotel and '-room was too crowded. ~n to wait for the meal. go to the lavatory. and i.ater he suddenly collaps- . am Kishan and Dhara~. him on a charpoy whIch :)prietor was summoned, to fetch a doctor. Mopidly worsening, and ?y jJeared to be in extrenns.

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Dharamvir Singh sent a message to his father-in-law and also sent a jeep to fetch Mohinder Singh's brother from his house. In the meantime the doctor, who was attending Mohinder Singh, gave him an injection of Corarnine to revive his :.failing heart. This proved ineffective and Mohinder Singh died within an hour of his having been taken ill. Dhararnvir Singh concluded his report by saying: 'Mohinder Singh was addicted to the use of opium and hemp. His death has occurred by chance and is due to heart failure. There is no' doubt or suspicion of any kind on this point.' . ", Ram Kishan had accompamed Dharamvir Smgh to tne police post, and he, too, made a statement in simi~ar terms. His statement was also recorded by the pohc~ official before he proceeded to the Punjab Hotel to com~ mence his inquiries. ' The usual routine of interrogating the witnesses, preparing statements and sending the dead body to the mOftuary for post-mortem examination foll~wed. In the meantime the relatives of the deceased arnved, but they could throw no .light on the unfortunate inci~ent, and the story of an accidental death due to heart faIlure was accepted. The dead body reached the mortuary· on the morning of February 10, but the doctor was preven~ed from performing the autopsy by a woman w~() claImed to be a close relative of the deceased and saId she would call a doctor of her own choice to examine the dead body. She said she would obtain a court order to stay the autopsy. The official doctor agreed to wait .til~ 4 p.m. M?re rel~­ tives of the deceased arrived. and mSIsted on callmg theIr own doctor to be present at the autopsy. Further delay thus occurred, and it was not till the morning of the 11 th that the post-mortem examination could be performed. By this time everybody's suspicions had been aroused and foul play was suspected.

50

THE MURDER OF THE MAHATMA

These suspicions were confirmed when the doctor looked at the internal organs of the deceased. The muscles and tissues were bright red in colour, the brain and membranes were congested, as also the mucous membrane of the larynx and trachea, and the lungs. The chambers on the right side were engorged with blood. The liver, spleen and kidneys were congested. The stomach contained 16 ozs. of undigested food; the mucous membranes of the posterior wall and of the duodenum were congested. These signs all pointed to death by poisoning-the poison suspected being some compound of cyanide. The dootor, accordingly, sent the viscera for a chemical analysis. There is unfortunately only one Government Chemical Examiner for the entire State of Punjab and his office is situated at Ambala. There is always a long queue of samples waiting to be analysed and reported upon and the procedure for sending a suspected sample for his examination and obtaining a report from him is so tardy that much time elapses before the result is known. I have always felt that the delay occasioned is inexcusable and may well lead to a failure of justice, but the general opinion seems to be that the only way of ensuring the confidence of the public in the integrity of the Chemical Examiner and his staff is to centralise his office and keep him away from local influences; also it is impracticable and far too costly to have a large number of Chemical Examiners with elaborate laboratories and technical staff needed for the purpose. So, the usual delay occurred in this case, and it was not tiII February 18 that the report of the Chemical Examiner was ready. Even then it was not immediately despatched, and it was only on March 16 that the investigating police officer received it. The Chemical Examiner had found 5.6 grams of potassium cyanide in the viscera sent to him; this was considerably more than the minimum lethal dose of this very potent poison.

A CA,

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In the meantime the v~ry little progress, tl ~lstered a case of murc mto custody. The pol because of two letters these was written on 1 ~neral of Police by ]\I mtervened and prevent( ed on the morning of an aunt of the decease of ~urdering her neph actIOn on the part of t Mohinder Singh d dous circumstances. one Ram Kishan wh( on the evening of F< a picture cum usual These three went to utes or so the boy w ~d and the body wa bon and these two, Kishan, have not be stances and the possi The chemical anal~ and it appears that ) when a life has been and that seems to be whether there is still knows fully well 'wh utter a word. I do nl authorities take the s criminal sins can be t The second letter was ral of Police. It bore J

:; MAHATMA

: when the doctor look. leceased. The muscles . ur, the brain and mem~ mucous membrane of tUgs. The chambers on llood. The liver, spleen e stomach contained 16 · ~ous membranes Df the · lenum were conges.ted. • y poisoning-the pOlson · )f cyanide. The d?Otor. · a chemical analYSIS. · e Government Chemical Punjab and his office is always a long queue of and reported upon and ected sample for his exrt from him is so tardy . result is known. I have •ioned is inexcusable and .tice, but the general opii;i'I'ay of ensuring ~he con.;city of the ChemIcal Exalise his office and keep •. also it is impracticable i ~ge number of <;hemical ltories .and technical staff

A CASE OF POISONING

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this case, and it was not )f the Chemical Examiner lot immediately despatch. 16 that the investigating ,Chemical Examiner had ·,:yanide in the viscer~ sent more than the mimmum )oison. 1

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In the meantime the investigation of the case had made very little progress, though· the police had formally registered a case of murder and had taken Dharamvir Singh into custody. The police were moved to take these steps because of two letters received by them. The first of these was written on March 1 to the Deputy InspectorGeneral of Police by Mrs. Bhardwaj, the woman who had intervened and prevented the autopsy from being performed on the morning of February 10. She claimed to be an aunt of the deceased. She accused Dharamvir Singh of murdering her nephew and bitterly complained of inaction on the part of the police: Mohinder Singh died under very strange and suspi~ dous circumstances. I am told that he was invited by one Ram Kishan who is Dharamvir's friend, at about 7 on the evening of February 9, to accompany them to a picture cum usual drink and dinner entertainment. These three went to a restaurant, and within ten minutes or so the boy was no more. The police was called and the body was sent for post-mortem examination and these two, namely, Dharamvir arid Ram Kishan, have not been asked to explain the circumstances and the possible cause of this sad episode. The chemical analysis from Kasauli is still awaited, and it appears that nothing will be done for all this when a life has been taken apparently by these two; and that seems to be the end of this. . . . I wonder whetlIer there is still any doubt left when everyone knows fully well 'who has done it', and still cannot utter a word. I do not really know. I am sure if the authorities take the slightest bit of interest, all these criminal sins can be traced out easily. The second letter was addressed to the Inspector-General of Police. It bore no date, but it appears to have

52

. THE MURDER OF THE MAHATMA

AC.

been written at about the same time as Mrs. Bhardwaj's letter, for it was received by the Inspector-General of Police on March 3. It was signed by 'Bhagwati Devi, widow of Mohinder Singh deceased', and narrated the story of the visit to the picture-house and thereafter to the restaurant, and went on to Say: I susoect that Dharamvir has done some mischief and spoilel my case, because th_e police are doing nothing in the matter. We have an old-standing enmity with Dharamvir, on account of which he has murdered my hu~band. I and my children are in great danger of our lives from him, and he may kill us also. There is ho one to look after us. Dharamvir often comes to our village armed with weapons, and threatens us.

Bhagwati Devi referred to three matters whic~, according to her, furnished the motive for the crime: (1) her d~­ ceased husband had obtained a decree against DharamvIr for a sum of Rs. 7,700/- and this amount was still due, (ii) Dharamvir had taken away a gun from the house of the deceased and had been compelled to return it when the matter was reported to the police and (iii) Dharamvir had sold his share of the property inherited from his father and had squandered all his assets; he now wanted to waste his younger .brother's property, but the young bo!, was too shrewd for him. Dharamvir suspected that It was the deceased who was instigating the boy. Bhagwati Devi hinted at 'many other mischiefs' which Dharamvir had 'played about which· proofs exist', and explained the delay in bringing all these facts to the notice of the authorities by pleading that she 'was very much perplexed on account of the sudden death' of her husband. She concluded by saying: Now I strongly appeal to the officers that full attention may be given to this matter and action taken. The

culprit should be he may come to 1 my life has in stor

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These leiters found gating police, and, as Singh was arrested c his interrogation he ! police to arrest Ran agai~s.t these two P' SUspICIon and conjecl finite to go Upon be) aminer which pointed that Dharamvir Sing deceased when he die, wati Devi were hard] murder. The deceaSl first cousin and stood hew. Relatives ofte] differences. Enquirie ceased who had ob Singh, but on the conl who had brought a s and some other pers passed in favour of I wati Devi's allegation gards the removal of yond her bare staten pletely silent on the 1 appeared to have bee] the influence which tl ercised on Dharamvi vague and unsubstan murder. The police ed, and though they still floundering and Ie a court of law would

MAHATMA le as Mrs. Bhardwaj's , , Inspector-General of d by 'Bhagwati Devi, ed', and narrated the , Juse and thereafter to

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A CASE OF POISONING

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lone some mischief and • ce are doing nothing in •. standing enmity with 1 he has murdereq my Lre in great danger of ly kill us also. There lramvir often comes to s, and threatens us.

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matters which, accord)r the crime: (i) her decree against Dharamvir 'f; amount was still due, gun from the house of eIled to return it when lice and (iii) Dharamvir •inherited from his father !'is; he now wanted to i!rty, but the young bOl amvir suspected that I! ting the boy. Bhagwa~l hiefs' which Dharamvlr ~.xist', and explained the the notice of the authorery much perplexed on her husband. She coni

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culprit should be given deterrent punishment so that he may come to his senses. I shall endure :.vhatever my life has in store for me. These leftersfound their way down to the local investig~ting police, and, as already indicated above, Dharamvir Smgh was arrested on March l3. During the course of his interrogation he gave some information which led the police to arrest Ram Kishan on March 18. The case against these two persons, however, was still based on suspicion and conjectures, and the police had nothing definite to go upon beyond the report of the Chemical Examiner which pointed to murder by poisoning and the fact that Dharamvir Singh and Ram Kishan were with the deceased when he died. The motives mentioned by Bhagwati Devi were hardly cogent enough to move a man to murder. The deceased was the son of Dharamvir Singh's first cousin and stood to him in the relationship of a nephew. Relatives often quarrel and then make up their differences. Enquiries revealed that it was not the deceased who had obtained a decree against Dharamvir Singh, but on the contrary, it was Dharamvir Singh's father who had brought a suit against the deceased, his brother and some other persons; and in this suit a decree was passed in favour of Dharamvir Singh's father. So Bhagwati Devi's allegation was found to be baseless. As regards the removal of the gun, there was no evidence beyond her bare statement; the police records were completely silent on the matter, and no report about the gun appeared to have been made. The third allegation about the influence which the deceased was believed to have exercised on Dharamvir Singh's younger brother was too vague and unsubstantial to be accepted as a motive for murder. The police were back to where they had started, and though they had effected two arrests they were still floundering and looking for evidence of the kind which a court of law would be prepared to act upon.

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THE MURDER OF THE MAHATMA

This came suddenly and from an unexpected quarter. On March 26 the Ambala branch office of the Life Insurance Corporation of India received a confidential letter from their Assistant Branch Manager, Prabharkar. The information contained in this letter, which was passed on to the police, was to the effect that Mohinder Singh, deceased, had taken out an insunince policy for the huge sum of Rs. 175,000/- only two months before his death. Prabharkar drew attention to the fact that Dharamvir Singh had originally made a report of death due to heart failure, and as the police had arrested him the. matter should be enquired into before any claim was paid. An examination of the insurance policy taken out by the deceased showed that Dharamvir Singh was the nominee entitled to receive the sum of Rs. 175,000/- on Mohinder Singh's death, and Mohinder .singh's address was stated toJ be care df Dharamvir Singh. Enquiries made from the insurance agent revealed that Dharamvir Singh had paid the first premium on the policy by a cheque for Rs. 5,925/-, and intiniation of the acceptance of the insurance proposal was sent or.. December 4, 1956, to Dharamvir Singh's address. It was, to say the least, very unusual for a man who had a wife and children and a home of his own to nominate a second cousin, once removed, as the recipient of the entire assured sum, and give his cousin's address as the place to which further communications should be sent. It was not enough to say that Mohinder Singh was illiterate and depended on a person whom he looked upon as his uncle and who could be trusted to take care of his family in the event of his death. Dharamvir Singh was eight years younger than his 'nephew', and there was between the two families the matter of an unsettled decree for Rs. 7,700/~. It was still more unusual for the nominee to pay the premium, and when to these facts was added the circumstance of Mohinder Singh's sudden death only two months after the insurance proposal was accepted, the case against Dharamvir Singh

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could, without any complete in every n The police, howe: prevailed upon Ram don and become an detailed statement n vir Singh had plam poison from a chen: from Yamunanagar 1 the day of the aceun and, during his temp nide to the whisky a for Mohinder Singh. ing by a magistrate, of its correctness. The case was ripe was charged with D trial in the court df After examiningt autopsy, the prosecu the witness-box. He crime of murder, and pain of hi" pardon 1 the view that he wru false statement, he ( tried. In that event 1 be used in evidence sure he would SUPPO! but Ram Kishan spral be said was that he Singh to Saharanpur chemist of that plae whisky was served in was added to the gla 'No whisky bottle w whisky, and the quesi He reiterated the ver

A CASE OF POISONING MAHATMA

n unexpected quarter. office of the Life Inved a confidential letY.lanager, Prabharkar. etter, which was passt that Mohinder Singh, .ce policy for the huge nths before his death. fact that Dharamvir of death due to heart :ested him the matter . claim was paid. ;policy taken out by the ;ingh was the nominee 175,000/- on Mohinder ·1'S address was stated Enquiries made from Dharamvir Singh had )licy by a cheque for . cceptance of the insurier 4, 1956, to Dharamthe least, very unusual lildren and a home of lsin, once removed, as .sum, and give his cou';h further communica:nough to say that Molepended on a person cle and.,who could be l the event of his death. younger than his 'nepwo families· the matter \)O/~. It was still more :le premium, and when umstance of Mohinder lths after the insurance rainst Dharamvir Singh

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could, without any fear of contradiction, be said to be complete in every respect. The police, however, wanted to be doubly sure, and prevailed upon Ram Kishan to accept a conditional pardon and become an approver. He agreed and made a detailed statement relating the manner in which Dharamvir Singh had planned his cousin's death, procured the poison from a chemist in Saharanpur (a town 50 miles from Yamunanagar where the murder took place), and on. the day of the occurrence taken the victim to a restaU{ant and, during his temporary absence, added potassium cyanide to the whisky and soda which had been poured out for Mohinder Singh. This statement was reduced to writing by a magistrate, and Ram Kishan signed it in token of its correctness. The case was ripe for the courts, and Dharamvir Singh was charged with murder and committed to stand his trial in the court oIf the Sessions Judge of Ambala. After examining the doctor who had performed the autopsy, the prosecution put Ram Kishan, approver, in the witness-box. He had confessed to complicity in the crime of murder, and had undertaken to tell the truth on pain of hi" pardon being withdrawn. If the court took the view that he was concealing something or making a false statement, he could be charged with murder and tried. In that event his own confessional statement could be used in evidence against him. The prosecution was sure he would support the case against Dharamvir Singh. but Ram Kishan sprang a surprise. Almost the first thing ;he said was that he had never at.::companied Dharamvir Singh to Saharanpur to buy potassium cyanide from a chemist of that place. He went on to deny that .any whisky was served in the Punjab Hotel, or that anything was added to the glass from which the deceased drank. 'No. whisky bottle was opened. In fact, there was no whisky, and the question of our taking it did not arise.'" He reiterated the version ,given in the first information

56

THE MURDER OF THE MAHATMA

report made by Dharamvir Singh at the police post, viz., Mohinder Singh went to the lavatory, and when he reo turned after a few minutes he fell down in the doorway. In answer to a specific question asked by the Public Pr(}o secutar, Ram Kishan repeated, 'No potassium cyanide was administered to the deceased.' On this, the Public Prosecutor naturally made a prayer to the court that the witness be declared hostile, and he be allOWed to cross-examine him. The court, at once, granted this request. Ram Kishan was confronted by his previous statement in which he had described the plan to murder Mohinder Singh and the manner in which pofassiUlp cyanide was procured from Saharanpur and administered to him in a glass containing whisky and soda. He said: 'I did make this statement. I made it under police pressure, because I was being subjected to physical torture. I was threatened that unless I made it I would be remanded once again to police custody and the torture continued.' He admitted that he had, till then, made no complaint of being subjected to any form of duress. He denied that the relatives of Qharamvir Singh had promised to give him six acres of land if he resiled from his previous statement. The defence CQunsel cross-examined Ram Kishan. He did not take long and asked only a few questions, to all' of which Ram Kishan made replies favourable to the defence. 'It is correct: he stated, 'that the deceased used to visit the prisoner almost every day. The mother of Mohindcr Singh, deceased, is alive. She is living with a tailor with whom she has an illicit liaison.' I put it to you that Mohinder Singh felt unhappy because of his mother's illicit liaison with a tailor. A. This is correct. Q.

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his life becaus tailor. A. This is correct Q. I. put it to you CIt connection 1 tal pain, Mahin hemp. A. This is correct Q. I put it to yo~ a statement in when you said J you were torturl A. This is correct. Q. Why did you n District Magistr fore him? A. I was afraid of . Ram Kishan's suddel the prosecution, but thf to warrant a verdict a pl~ce, the clearest imagit evIdence of procuring caused Mohindel' Singh' of Dr. Budhwar & Bl Saharanpur, was called i on January 30, 1957, a c was an old customer. ca He was accompanied bJ ~ the approver, Ram l!st of the medicines he 1 lIst was two drams of po ~ere packed up and two III respect of potassium c the ~cmaining items. A cyanIde was necessary be M·.M.-3

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. MAHATMA

1t the police post, viz .. tory, and when he redown in the doorway. ked by the Public P~o­ No potassium cyantde

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A CASE OF POISONING

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I put it to you that Mohinder Singh feIt tired of his life because of his mother's connection with a tailor. This is correct. I put it to you that on account of his mother's illicit connection with a tailor and the resultant mental pain, Mohinder Singh began to take opium and hemp. This ill correct. I put it to you that the police told you to make. a statement in accordance with their. wishes. and when you said your original statement was correct, you were tortured. This is correct. Why did you not complain of the torture to the District Magistrate when you were produced before him? I was afraid of the police.

Ram Kishan's sudden defection weakened the case for the prosecution, but there still remained enough material to warrant a verdict of guilty. There was, in the first place. the clearest imaginable motive. Secondly, there was evidence of procuring the s~If-same poison which had caused Mohindel' Singh's death. Sant Singh,a salesman of Dr. Budhwar & Bros.. Druggists and Chemists of Saharanpur, was called as a witness, and he deposed that on January 30, 1957, a country physician, Budh Dev, who was an old customer, came to purchase some medicines. He was accompanied by the prisoner. Dharamvir Singh. and the approver, Ram Kishan. Budh Dev tendered a list of the medicines he wanted. One of the items in the list was two drams of potassium cyanide. The medicines were packed up and two cash memos were prepared, one in respect of potassium cyanide and one in respect of all the remaining items. A separate memo for potassium cyanide was necessary because it is one of the restricted M.M.-3

58

THE MURDER OF THE MAHATMA

poisons and Budh Dev signed it. Some weeks later the police came to his shop and took away the book containing the carbon copies of the memos in question. The originals had been handed over to Budh Dev at the time of purchase. Questioned further, the salesman stated: 'I enquired from Budh Dev why he was buying potassium cyanide. He pointed to the prisoner and said that his companion who belonged to his village needed it for photography.' In cross-examination the witness admitted that he had made no entry of the sale of potassium cyanide in his register of poisons as required by law. The explanation he gave was: 'In case a poisonous drug like potassium cyanide is sold to a vaid,* it is not considered essential to make an entry in the register. I did, however, obtain the signature of Budh Dev on the cash memo, in token of having sold two drams of potassium cyanide to him.' Budh Dev corroborated this story in every respect. He said he knew Dharamvir Singh as a big landowner of his village. He also knew Ram Kishan because he had often treated him for an ailment caused by excessive drinking. The story of the visit was narrated by him in detail: On 30th January, 1957, at about 12 noon or 1 p.m., Ram Kishan and Dharamvir Singh came to my consulting room. Dharamvir Singh said that my treatment had not cured Ram Kishan and suggested that all of us should go to Saharanpur and consult a specialist like Dr. Budhwar Brothers. There is a doctor in that firm who is available for consultation and treatment. Medicines are also sold by the firm. . I replied that Ram Kishan could accompany me on my next visit to Saharanpur. The prisoner insisted that I go with them that very day as Ram Kishan's condition was deteriorating. I said a whole day's absence from my consulting room would mean loss of fees, and I would go only if I were * A physician .practising the indigenous system of medicine.

A CA

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. paid Rs. 30/-. Rm In the COurse of fm needed some potassi and asked me if I . that the drug Was av he was going to Saha war Brothers. The three men tra\' went to the shop of 1 had gone home and R Budh Dev proceeded and also asked for two I salesman Sant Singh ob a ve~y strong poison, r a SCIence student in c hobby. He had; often knew what precautions 1 Sant Singh's scruples by was one of the biggest J p!etely dependable. Th rude were packed up e~. The one relating ~ rude was signed by Bue ture on the carbon COP) court. T~is was dear eviden cya~lde by the prisonel MotIve and means we the . . re questIOn of opportUl be no doubt, at all. The together at the time the stered. It was not denie at the Punjab Hotel. Th at least, of the meal serv~ food ~as. found in his StOl eXammatIOn. It .was also

t

A CASE OF POISONING

;B MAHATMA

. Some weeks later 1;he : away the boo~ contaInlemos in questIOn. ~e ',to Budh Dev at the time nan stated: '1 enqui!ed Jying potassium cyam~e. said that his compamo~ 'ded it for photography. ~s admitted .tha~ he. h::;assium cyamde lD ~lS law. The expla~atIon he drug like potasslUIIl: cya::>t considered essen~al to I did, however, obtam the cash memo, in to~e~ of ,sium cyanide to hIm. e :tory in every respect. ~ as a big landowner of hIS shan because he ha? o~ten sed by excessive dl:mkmg. Lted by him in detaIl: about 12 noon or 1 p.m .• Singh came to my consultil said that my treatment and suggested that. all. of nd consult a SpecialIst lIke ~re is a.doctor in that fi~ lion and treatment. MedIfinn. ,1 replied. that Ram : on my next viSIt to Saba:d that 1 go with t~em t.hat .andition was dete~lOratJllg. . from my consultmg room i 1 would go only if 1 were s ' j IgenoU

system of medicine,

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paid Rs. 30/-. Ram Kishan and the prisoner agreed. In the course of further talk the prisoner said that he needed some potassium cyanide for photographic work. and asked me if I could give him some. 1 told him that the drug was available in big shops only, and since he was going to Saharanpur he could buy it from Budhwar Brothers. The three men travelled to Saharanpur by bus and went to the shop of Budhwar Brothers. Dr. Budhwar had gone home and Ram Kishan could not consult him . Budh Dev proceeded to buy the medicines he required and also asked for two drams of potassium cyanide. When salesman Sant Siilgh observed that potassium cyanide was a very strong poison, Dharamvir Singh said he had been a science student in college, and photography was his hobby. He had often handled potassium cyanide and knew what precautions to take. Budh Dev brushed aside Sant Singh's scruples by telling him that Dharamvir Singh was one of the biggest landlords of the district and completely dependable. The medicines and potassium cyanide were packed, up, and two cash memos were prepared. The one relating to the purchase of potassium cyanide was signed by Budh Dev. He identified his signature on the carbon copy of the memo shown to him in court. This was clear evidence of procurement of potassium cyanide by the prisoner despite Ram Kishan's denial. Motive and means were thus proved. Finally there was the question of opportunity. On this point there could be no doubt at all. The prisoner and the deceased were together at the time the poison must have been administered. It was not denied that dinner had been ordered at the Punjab Hotel. The deceased had eaten some part, at least, of the meal served to him as 16 ozs. of undigested food was found in his stomach at the time of post-mortem examination. It .was also admitted that the deceased had

60

THE MURDER OF THE MAHATMA

left the prisoner to go to the lavatory and ~had remain~ absent for a few minutes. This had furnIshed the 'pnsoner with the opportunity he need~ of adding the p01~on to the deceased's food. In making hIS report to the pollee, Dharamvir Singh had given a slight twist to his story, and said that the deceased had collapsed immediately' on returning from the lavatory, whereas in reality he must h~ve come back and eaten his dinner before he was taken ill. PotaSSium cyanide is a very strong poison and a~ts very 'rapidly; death usually takes plaee within, a few mmutes. The Sessions Judge accepted the story presented by the prosecution, and, convicting Dha,.ramvir Singh, awarded the tapital sentence. . The convict preferred an appeal to the High ~o.urt, and he engaged Mr. Jaigopal Sethi, the foremost cnminal lawyer of Punjab. The matter would have come before the High Court even if no appeal had been filed, because a sentence· of death must be confinned by two J ndges .01 ·the High Court before it can be carried out. Mr. Justice Capoor and I heard the appeal. . . An appeal is virtually a rehearing of the ongmal case: and the whole matter was open before ,us. rytr. Set~l began reading the evidence and commentmg on It. Halfway through his arguments, he made a strange and unusual request. He wanted to call a paper expert to prove that the cash memos in the book of Dr. Budhwar & Bros. had been interpolated, and the evidence of procu~em~nt was, therefore, false. He had discovered the fabneat1?n only when he examined the memos during the .lunch ~­ terval when the court arose. He prayed that, m the roterests df justice, the hearing be adjourned fnr two days to enable him to summon the expert. The request, CC'IDing from a counsel of Mr. Sethi's standing, could not be treated lightly, and we agreed to the adjournment. When the matter came up before us again,. two dars later, Mr. Sethi placed William Marsh~ll, ~ssistan~ Mill Superintendent of Shree Gopal Paper MIlls, ro the WItnesS-

A CAS

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box. . M~rs~alI depose expenenee ill practical he took up his appoin1 He Supervised the mar beginning, i.e. the intal pletion of the finished a ~emos and compared ~n the same bOOk, and : mserted later. The te memos in question dill other memos which we the two memos had no from which all other n bore .fine diagonal lines. opaCIty of the two pape strate to us the truth of ous memos up against t ferences he had men tic of a bundle of unnumb( twine. It was quite ea sheets of the same size.f and Iestitch the bundle. There could be no dl what a police officer hal had been unable to tra, had fabricated this piec his conscience by telIinJ ~as re~Iy guilty of muf. In addmg a 'corroborati case. A court of law light view of the matt'; . potassium cyanide from': false, Mr. Sethi was tril bottom had fallen out ( and the prisoner was en conclusion of the hearing take time to consider the

A CASE OF POISONING

". B MAHATMA

JOry and "had remaine? had furnished the pnled of adding the poison r his report to the police, ~t twist to his story, and >Sed immediately" on re. in reality he must have before he was taken ill. !lg poison and a~ts very ~ within: a few mInutes. le story presented by ~e aIamvir Singh, awarded

•

Peal to the High Court. hi the foremost criminal w~uld have come before .1 had been filed, because fumed by two Judges .01 carried out. Mr. Justice @lg of the original case~ 11 before us. Mr. SethI commenting on it. Halfmade a strange and un11 a paper expert to prove ( of Dr. Budhwar & Bros. evidence of procurement discovered the fabricati~n :mos duri~g the }unch ~Q :Ie prayed that, m the me adjourned for two days :xpert. The request, c('mli's standing, could not be to the adjournment. )efore us again, two days 1 Marshall, Assistant Mill Paper Mills, in the witness-

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box. Marshall deposed that he had had nineteen vears' experience in practical paper-making in England before he took up his appointment in Shree Gopal Paper Mills. He supervised the manufacture of paper 'right from the beginning, iA the intake of raw material up to the completion of the finished article'. He examined the two cash memos and compared them with the remaining memos in the same book, and said that the two memos had been inserted later. The texture of the paper used for the memos in question differed from the texture df all-the other memos which were uniform. The paper used for the two memos had no water-mark at all, while the paper from which all other memos ill the book were prepared bore fine diagonal lines. There was also a difference in the opacity of the two papers. Marshall was able to demonstrate to us the truth of his statement by holding the various memos up against the light and pointing out the differences he had mentioned. The memo book consisted of a bundle of unnumbered memos stitched together with twine. It was quite easy to undo the stitch, insert two sheets of the same size from a book df blank cash memos and .restitch the bundle. There could be no doubt at all that that is precisely what a police officer had done in the excess of zeal. He had been unable to trace the- source of the poison, and had fabricated this piece of evidence. He had satisfied his conscience by telling himself that Dharamvir Singh was really guilty of murder, and there could be no harm in adding a 'corroborative detail' to an otherwise good case. A court of law, however, could not take such a light view of the matter, and when the story of procuring potassium cyanide from Budhwar Bros. was proved to be false, Mr. Sethi was triumphant. He declared that the bottom had fallen out of the case for the prosecution, and the prisoner was entitled to an acquittal. At the conclusion of the hearing of the appeal we said we would take tinlle to consider the matter and reserved judgment.

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THE MURDER OF THE MAHATMA

In my chamber Mr. Justice Capoor and I discussed the matter. Both of us felt convinced that the convict-appellant was guilty. The motive pointed to him and hil? only. There could be no doubt regarding pharamvlf Singh's aim in inveigling his cousin into takmg <;Jut an insurance policy for such a huge amount, a~d the CIrcumstances in which Mohinder Singh had met hIS death showed that Dharamvir Singh had prevailed upon him to go to the cinema and thereafter to the Punjab Hotel, so that an opportunity for administering poi~on shou~d be forthcoming. But the matter of the fabncated eVlden~ w?rried me a great deal. It was not so much a questlOn of adopting a perverse attitude and throwi~g out a good. c~se because the prosecution had been gUIlty of commlttmg a peccadillo, as of giving countenance to methods adopted by the. police to secure a convicti0I?-. There was th,? gr~v­ est objection to suborning false WItnesses and fabncatmg documents. Besides, I asked myself, could one ~ absolutely certain that. .the rest of the story and the eVIdence produced in support of it were unimpeachable. I expressed my doubts to my learned brother Cap
A CP

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I?haramvir Singh is Smgh. I saw the jn c?l1eague to prepare I (lIsc~ss .the matter a! CDnVlllcmg I would t, cur with his decision. to hold to the conch event of a difference b< to a third Judge who appeal de novo. But that Dharamvir Singh had been committed but preplanned for tll gain, I was anxious t ~~ .wrongly acquitting inItIal reluctance to di Mr. Justice Capoor later. It was a carefu it the attention it dese the evidence of the paJ The contention m: the incriminating cai memo book some commenced, therefor CDrdingly the eviden Dev has to be ruled He, however, went on It does not follow facto entitled to ac< that if the prosecutic cused got hold of the committed, or that I the case for the prost court has to look to t

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A CASE OF POISONING

MAHATMA

poor and I discussed the d that the convict-ap~l­ ointed to him and ~ bt regarding Dharamvlf ;usin into taking out an amount, and the circumhad met his death showrevailed upon him to go he Punjab Hotel. so that . ~ poison sholli:d be forthfabricated eVIdence wor)t so mu.ch a question' of throwing out a good. c~se . ~en guilty of commlttmg lance to methods adopted ion. There was th<: gr~v­ witnesses and fabncatmg nyself, could cne 1?e ab[he story and the eVIdence nimpeachable. I expr.essrother Capoor, and said I send iUo him. Th~ same discussing all the eVIdence g reasons for holding that ot be held to have been joubt. "apoor came to my cham;ad prepared. He .said he ogic of my !e~sonmg, but :al and acqUlttmg D~aram­ 'ating a grave injustIce, ?ei doubt guilty. AccordTI?-g aust be taken as proved if, Jport of it, a. pru~ent man ~d Read this eVIdence to 'U; the street, said ~poor, nillion to one he will say

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Dharamvir Singh is guilty of the murder of Mohinder Singh. I saw· the. justness of this claim and asked my c?lIeague to prepare hjs own judgment. I said we would dISCUSS the matter again, and if I found his reasoning cDnvincing I would tear up my own judgment and con":: cur with his decision. I could of course have continued to hold to the conclusion I had arrived at, and in the event of a difference between us, the case would have gone to a third Judge who would have had to hear the whole appeaJ de novo. But I myself had a feeling inside me that Dharamvir Singh was guilty, and since the murder had been committed not only with malice aforethought. but preplanned for the very sordid motive of monetary gain, I was anxious to prevent a miscarriage of justice by wrongly acquitting a guilty man. So I overcame m:y initial reluctance to dismiss the appeal. Mr. Justice Capoor sent me his judgment a few days later. It was a carefully prepared document, and I gave it the attention it deserved. My colleague had accepted the evidence of the paper expert, and remarked: The contention made on behalf of the appellant that the incriminating cash memo was inserted into the cash memo book some time after the investigation' had commenced, therefore, appears to me justified, and accordingly the evidence given by Sant Singh and Budh Dev has to be ruled out. He, however, went on to say: It does not follow from this that the appellant is ipso facto entitled to acquittal. It cannot be maintained that if the prosecution is unable to prove how the accused got hold of the poison with which the murder was committed, or that he had that poison in possession, the case for the prosecution must be thrown out. The court has to loo.k to the circumstances of each case and

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THE MURDER OF THE MAHATMA

if such circumstantial evidence admits of no other conclusion but that the accused must have administered the poison which caused the death of the victim, it is the court's duty to pronounce him guilty. After anxious consideration, I am fully satisfied that this is one of such cases. After a little hesitation I decided to concur with this decision, but I remarked jokingly that Dharamvir Singh had a sporting chance if the Supreme Court gave him special leave to appeal. An appeal to the Supreme Court does not lie on a question of fact, and where the High Court comes to a finding on its assessment' of the evidence produced in the case, the Supreme Court declines to interfere. In a special case where some rule of evidence has been transgressed Or where the Supreme Court, by way of abundant caution, wishes to examine the case, special leave. for a hearing is granted. My prognostication proved fight. Dbaramvir Singh moved the Supreme Court for special leave. Leave was granted and his appeal was ultimately anow'ed. The learned judges were, of course, greatly influenced by the fact that an important piece of evidence had been deliberately fabricated by the prosecution.

..,.

NEWWlNJ ON January I, 1956, 1 drawn up and signed: ,>

TIIERE If your heart yearl Come to my aHey

YOUI' palm.

'0

o God, on this at servants, stand befo We have long loved Thy protection and well that our love is Thy assistance we sl1 self have, created lovl unsatisfied. Love is love and the wine 0 may for ever remain that love does not fl those who are chose flame of love has h and it is by Your gra Today we beg of Y( love. Love is our s( satisfy it. Be our P are in difficulty or w assistance and give I wish that we may COl we are apart for Ion

B MAHA,TMA

ldmits of no other connust have administered ~th of the victim, it" is him guilty. After ansatisfied that this is one '. led to concur with this 'r that Dharamvir Singh . preme Court gave him 'ourt does not lie on a : High Court come~ to a ~vidence produced ill the . to interfere. In a spe~nce has been transgress)y way of abundant causpecial leave. for a hear'ion proved nght. Dha; Court for special leave. ~al was ultimately allow: course, greatly influenc1t piece of evidence had the prosecution.

FOUR NEW WINE AND OW BOTrLES

ON January 1, 1956, the following solemn document was drawn up and signed: THERE IS BUT ONE GOD If your heart yearn to play the game of true love, CGme to my aHey bearing your severed head on your palm.

o God, on this auspicious day, we two, Thy humble

servants, stand before Thee to take a sacrificial vow. We have long lOVed one another, and today we pray for Thy protection and for 1hyblessing. We know full well that our love is a steep and difficult cliff, but with Thy assistance we shall be able to climb it. You yourself have created love and without love the suul remains unsatisfied. Love is the soul's food. Love draws out love and the wine of love brings joy; we pray that we may for ever remain intoxicated with it. We both know that love does not fall to the share oLeveryone. Only those who are chosen by You enjoy its blessing. The flame of love has been kindled l:lY You in our hearts and it is by Your grace that we feel its heavenly warmth. Today we beg of You to ,give us alms in the shape of love. Love is our sole desire and nobody but You cap satisfy it. Be our Protector for all time, and when we are in difficulty or when our minds waver, come to our assistance and give us Your protection. We earnestly wish that we may continue to love each other even when we are apart for long periods. Today our love is full

66

THE MURDER OF THE MAHATMA NEW

of sweet perfume like the morning breeze that caresses the sdft petals of fragrant flowers. It is like the joy of the new born moon. 0 God, protect the sweet and tender flowers of our garden from the cruel hand of a heartless ravisher. . As the new ye~r has dawned today on our happiness. even so we pray for happiness in the years to come. May sacred desires dwell in our hearts for ever. May our love flourish always and may we be always to)Sether in joy as well as in sorrow. There was a touch of tragedy in this piece or melodrama. The signatories to the sacred ~ledge, .~ashi a~d J ogi, u~ed their own blood for ink whIle wntmg theIr respective names at the foot of the document. Bashi was th~ nickname of a young woman, Gurbakhsh Kayr, who came of a well-to-do family of farmers, and J Ogi stood for Lt. Jogindar Singh, a handsome young army officer of 2.4 who had been commissioned eighteen months prevlOusly. Bashi and J ogi both belonged to the same village. in Central Punjab, and had grown up togethe~ as neIghbours and playmates. They were separated durmg the years of adolescence, for each had to go to a diff~rent schoo! and college when the need for higher education neces~ltated their leaving the village. Jogi migrated to Hoshla~p~r, where he completed his secondary school ~~rs~ and Jomed the Doaba College. Bashi went to a gIrlS hIgh schooL and, after passing her matriculation examination, began to study for the B.A. degree in a women's college, also at Hoshiarpur. . They -met again in 1952. Jogi was now 21 and Bashl was 18. J ogi's father was a simple unassuming man who was fond of his two sons and did the best he could for t~em on his modest means. He worked as a schoolmaster m a high selmol in the neighbouring district of ~udh~ana, and from his meagre salary saved enough to gIVe hIS boys a

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college education. H by his equals, and, in in high esteem. Bash and a sister. Both h on the father's side w knit unit as most n enough land and livel a tractor of their own and transport agricul of the sons owned a n 'push'-bicycles for the farm workers. They 1 taken up permanent scarcely two miles frc They had built a fan dation and outhouses between Piplanwala at as a sort of guest ho family, and Bashi's hi night or two when th( on their studies. The family was a modernism and irratiOi quated notions of prop on the whole a broad an up-to-date educati< what was very uncomI to both his daughters, : <:oIlege. He had a11o\ to his daughters, and t attend classes in coUeg When J ogi began to c( one raised an eye-brow with their fully grown an open, friendly man each other as children , . lU the world that wheE

NEW WINE AND OLD BOTTLES

i MAHATMA

ng breeze t~at car~ ers. It is like the JOY protect the sweet and ;m the cruel hand of a :oday on OUf happiness, in the years to come . . . hearts for ever. May • may· we be always to.w.

-

this piece of melo~rama. i:re Bashi and J Ogl, used ~~iting their respec~ive It. Bashi was th~ mck. akhsh Kaur, who came and J ogi stood for Lt. army officer of 2.4 who :en months preVIOusly. the same village in Centogether as neighbours :ated during the years of to a different schoo~ and r education necessltated migrated to Hoshia~p~r • •y school course and Jomnt to a girls' high schoOl. .on examination, began to women,'s college, also at

g

o

,'i was now 21 and Bashi nassuming man who was !le best he could for t~em ed as a schoolmaster m a .district of Ludhiana, and :nough to give his boys a

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college education. He was well thought of and respected by his equals, and, in particular, Bashi's father held him in high esteem. Bashi's family consisted of three brothers and a sister. Both her parents as also her grandparents on the father's side were alive. The family was a closely knit unit as most rural families are, and they owned enough land and livestock to live in comfort. They had a tractor of their own which was used to cultivate the land and transport agricultural produce to the market. One of the sons owned a motor-bicycle, and there were several 'push'-bicycles for the common use of the family and the farm workers. They had left their native village and had taken up permanent residence in Piplanwala, a hamlet,. scarcely two miles from the district town of Hoshiarpur. They had built a farm-house with residential accommo" dation and outhouses for livestock at a place half-way between Piplanwala and Hoshiarpur. The farm was used as a sort of guest house for visitors and friends of the family, and Bashi's brothers sometimes slept there for a night or two when they wanted especially to concentrate on their studies. . The family was a curious mixture of enlightened modernism and irrational orthodoxy, superstition and antiquated notions of propriety. Jiwan Singh, the father, was on the whole a broad-minded individual, and had given an up-ta-date education not only to his three sons, but what was very uncommon among people of his standing, to both his daughters, sending them to school and then to college. He had allowed a certain measure of' freedom to his daughters, and they were free to go to town alone, attend da~ses in college and return home in the evening. When Jogi began to come home with the young boys, no one raised an eye-brow because he came into close contact with their fuIly grown sister and behaved towards her in an open, friendly manner. Jogi and Bashi had known ~ach other as children, and it was the most natural thing III the world that when they met after the lapse of man)'

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NEW WI]

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years they should resume their association from the point at which they had left off. The fact that they were now man and woman made no difference to Jiwan Singh's attitude towards them. Nor the matter of that did the brothers at first attach any importance to the growing attachment between these two young people. Jogi was tall, slim and almost handsome. He was always well groomed and his hand-bag contained a pair of small scissors and tweezers. Despite the strict injunction of the gtJms to keep sacred and inviolate every hair on the body of a follower of the Sikh religion, Jogi was not above snipping off a refractory lock or plucking out a stray hair from his beard to maintain a trim appearance. The photograph I saw of him was taken soon after he received his Army commission, and he looked a smart well-turned-out young officer upon whom any woman would have willingly conferred her favours. His mental outlook was that of a serious, conscientious man who. albeit free from the soul-destroying virus of ambition, was earnest and active enough to perform his duty at all times with energy and competence. His officers thought well of him and he was not slow to receive promotion. Bashi and he made a good pair, and a photograph of them taken in the open air showed that she was oJily slightly shorter than her companion. She had .large eyes full of animation, perhaps even of fire if the occasion arose, a handsome face, oval in shape with rather a large sensuous mouth; Her dress was neat and .she carried it with . the self-possession of a woman who goes to college and has learnt to cope with male glances of the welcome as well as of the unwelcome type. I saw her sitting at the back of our court-room in May 1957. She had come as a spectator to the proceedings which had arisen out of her tragedy and Jogi's. She sat alone on one of the long red-leathered sofas in the public portion of the room. Her fac-e showed the ravages of sorrow, and soigne look of the photograph had given place to a what-does-it-matter-

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now appearance. Bl ture and the bloom 0 possessed a brisk, all Rer elder brother ( from a primitive tribe He had his own cod and his own way of d of. Though he went 1 his mind was attache traditions and supers met Jogi in the Doal years, he was willin~ hood friendship and 1 occ.asional holiday, bl th~Ir relationship. 1 WIth one of his friell anything more than I to be looked upon as bakhsh Singh, a boy ; Village, who had grow and who played witl they were members 0 and sister, and not p anything which card woman relationship. J ogi and Bashi wer towards them, but tl: the strong tide of el along and filled them to come. To avoid n exercise a certain m( behaviour. A stolell quick holding of the a sense of fulfilment 1 each other in secret. conduct which could 1 by the highest standa

[E

. sociation from the point "act that they were now lce to Jiwan Singh's attitter of that did the bro:e to the growing attacheaple. }st handsome. He was nd-bag contained a pair )espite the strict injuncand inviolate every hair , Sikh religion, J ogi was Iry lock or plucking out intain a trim appearance. 'las taken soon after he and he looked a smart ?on whom any woman ler favours. His mental conscientious man who, ,lg virus of ambition, was ',arm his duty at all times IS officers thought well of 'iv:e promotion. ;,ir, and a photograph of )wed that she was only ,ion. She had .large eyes fire if the occasion arose, ,~ith rather' a large sensu: and .she carried it with who goes to college and illces of the welcome as I saw her sitting at the 1957. She had come as il'hich had arisen out of alone on one of the long :>ortion of the room. Her row, and soigne look of to a what-does-it-matterI

NEW WINE AND OLD BOTTLES

MAHATMA

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now appearance. But the regularity of her bone structure and the bl.oom of youth were still there, and she still possessed a bnsk, almost an athletic, gait. Her eld~r ~~othe~', Gurbakhsh, might have come straight from a pn!-Illhve tnbe of some wild and uncivilised region. He had hIS own code of morals, his own list of taboos and his own way of dealing with situations he disapproved of. Though he went to college and drove a motor-bicycle his mind was attached to the land and firmly fixed to th~ traditions and superstitions of a bygone age. When he met J ogi in the p<:aba College after the lapse of several years, he was wIllmg enough to renew their own roildhood .friendship and bring him home to Piplanwala on an occasIOnal holIday. but a strange reserve soon entered into th,eir relationship. There was nothing whatever wrong WIth ~)lle of his friends becoming fond of his sister, but anythmg more than a brotherly affection on his part was to be looked upon as an abomination. In the eye of Gurb~khsh Singh, a boy and a girl who belonged to the same VIllage, who had grown up together in childhood innocence and who played with each other without restraint as if they ':Iere members of one family, should stay as brother and SIster, and not profane the purity of their love with anything which carried even a faint savour of man and woman relationship. Jogi and Bashi were well aware of Gurbakhsh's attitude towards them, but they were completeiy heIpless against the strong tide of emotion which carried them happily along and filled them with hopes of even greater happiness to co~e. To av?id needless unpleasanhIess they began to exerCIse a certalll measure of discretion in their mutual be~aviour.. A stolen glance full of hidden meaning, a qUIck holdmg of the hands, a surreptitious hug brought a sense of ~ulfilment to their love, They began writing to each other I.n secret. There was, however, nothing in their conduct ~hIch could be called unworthy of man or woman by the hIghest standards of morality.

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In 1952 J ogi was selected as an Army cadet and in 1954 he received his commission. Everything now seemed quite simple. Bashi's parents would surely not hesitate. to give her in marriage to a young Army officer, and Jogl'S father had already expressed his assent to the union in an oblique way when the matter was mentioned in his presence. So, on New Year's Day, 1956, the lovers made the s?lemn. vo"! set
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cause delay. I spok. now I am silent abol do.' And again: 'Yes, I after full efforts All bakhsh and he told happens he would n( would he be present a liked. That is his fu Things did not ir poisoned the atmospl despair: 'Now, as 101 sent, you should not 1 not come to see me t addres!>.' Jogi had throughou trying his utmost to p reason, He did not UI ment against him. " the pair, which Bash 'I know about the bur worry, I am sending He went on to say: I have written to sure he will agree. so much better if y' come to see me her discuss and decide and ask him to ha V( as this will settle th will happen. We a~ to do my work nor ber, the opportunit) way. Moreover, it ! cult for us to meet talked over things v

,

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MAHATMA

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I

Army cadet and in . Everything now seemwould surely not hesimng A.rmy officer, and his assent to the union :. was mentioned in his

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the lovers made the Ilg of this chapter and :ote to each other more : their love in explicit ;vhenever you CaD', she w upset'I feel. Come I when he pleaded his : 'No, Jogi. you can ~ well in my heart.' to their union was a ~n them. Bashi kept appening at home, aDd .ere full of a sense of taking. It seemed that· uenced"by Gurbakhsh's .g to take a decision, as miraculous way, solve

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[she wrote] which has mother does not speak :ter?. l;shaU not speak remains silent. I shall you, and why she has Illy parents do not come ve me in peace. What : do anything. gi. I believe and I am ~r is doing is meant to

I 1,

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cause delay. I spoke to them twice as you wished but now I am silent about the matter. Let us see what'they do.' . And again: 'Yes, my Jogi, I have discovered this much after full efforts All of them enquired from brother Gurbakhsh and he told them in clear terms that whatever happens he would not be a party to my marriage, nor 'You1d he be ~res~nt at it. The family could do what they lIked. That IS hIS final decision: Things did not improve and Gurbakhsh's taDtrums poisoned the atmosphere at home. She wrote almost in despair: 'Now, as long as brother does not give his consent, you should not write to me at Pip!anwala. Also do not come to see me here. Send your reply to the cQllege addresS.' ~ogi ~ad throughout behaved in an exemplary manner, trymg hIS utmost to placate Gurbakhsh and make him see reason. He did not utter a single word of anger or resentment against him. When he burnt some photographs of the pair, which Bashi treasured a great deal, he wrote: 'I know about the burning of our photographs, but I don't worry. I am sending two more, one small and one large.' He went on to say: . 1 have ,:"ritten to my father in a tactful way and 1 am sure he WIll agree. As regards Gurbakhsh, it would be so much better if you could somehow persuade him to come to see me here, because it is very easy for me to discuss a~d decide things. We should hurry ul? now and ~sk ~Im to have the betrothal ceremony performed, as thIS WIll settle the matter; otherwise you know what will happen. We are going to suffer. I shall not be able to do my work nor will you be able to study. Remember, the opportunity in hand must be used in the best way. Moreover, it seems to me that it will be very difficult for us to meet unless the matter is settled. I have talked over things with my friends, and they have also

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advised me that the only way to settle the issue is to get the betrothal solemnised at an early date. Thiswill serve two purposes. First we shall be able to see each other, secondly it will put a check on the delaying tactics of your parents. But when can I say; you must do what you think best. I am grateful to you and proud of the heroic manner in which you have braved everything, but, Bashi, it is time, we got a firm dcision. Tell them to make up their minds before October, so that in the Dussehra holidays we can perform the ceremony. If they are not ready to come to a final decision, write to me, and I shall tell you what to do. Do not agree to six months' postponement, as this is a clever move which we must resist. Another thing:. do not conceal overmuch, so that even if other people come to know, we should not be afaid of them. You may tell your grandfather. For the rest, I shall think over the matter and write you again. Do not worry, and for heaven's sake, start your studies. There is a lot we have to do. This hurdle is a small thing. There is life . . . . A Whole life to stl1olgg1e for and to be happy and prosperous. Go 011 writing to me whatever happens. Cheer up and don't worry. As long as I am alive I shall see that you are happy. With love, Ever yours, JOGI This was written on September 16, 1956. The young lieutenant was getting a little impatient of the evasive and procrastinating tactics of his prospective in-laws. Although he was sure of himself and of his beloved, he wanted everything to be above-board. Elopements have a way of leaving an aftermath which does not help to promote happi. ness and peace, so, J ogi wanted a formal bethrothal to which members of both families should be consenting parties. A week later he wrote:

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My darling. Bashi, I have received your h thought of writing to last week. Remembe meet . . .. Yes, Bashi father has agreed. I I have seen your motl second thing is that I gest. But I shall not you in college. I shal week. Yes, Bashi, tl Well, if Gurbakhsh de come round afierwar( how to make him a difference, and if you I jit I am agreeable. ) shall make all thearr; The rest will be deci worrying. If they do do after discussing th How are you? N( not say anything to al laugh at you. There know. Does your fa finish now. Yes, sta see you this week. Bashi, a tight hug for

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The course of true 101 young man in love, Lt. : ing degree of patience a away for an Army coun time was getting short. he sat down to write a 1 he discussed, the detail, them with the pros an<

MAHATMA

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) settle the issue is to early date. This will ill be able to see each on the delaying tactics 1 I say; you must do eful to you and proud ou ha.ve braved everyot a firm dcision. Tell · efore October, so that perform the ceremony. a final decision, write o do. Do not agree to is a clever move which do not conceal overpIe come to know, we You may tell your I

r the matter and write 'or heaven's sake, start ave to do. This liurdle · . . . A whole life to :td prosperous. Go oq · Cheer up and don't shall see that you are ;:

With love, Ever yours, JOGI 16, 1956. The young dent ohhe evasive and ctive in-laws. Although loved, he wanted everynts have a way of leavlelp to promote happiI formal bethrothal to should be consenting

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My darling_ Bashi, I embrace you with all my love. I have received your letter. I am grateful that you have thought of writing to me. You wrote only one letter last week. Remember, I shall ask you why, when we meet . . .. Yes, Bashi, the first piece of -news is that my father has agreed. I received his letter today. When I have seen your mother once, she too will agree. The second thing is that I shall come to see you as you suggest. But I shall not come to the house. I shall mset you in college. I shall try to come before the end of the week. Yes, Bashi, the next thing is our engagement. Well. if Gurbakhsh does not agree, let hIm not. He will come round afterwards. Don't worry. I shall tell you how to make him agree. As you say, it makes no difference, and if you come with your mother and Inderjit I am agreeable. You will have to stay ~he night. I shall make all the arrangements. Consult your mother. The rest will be decided when we meet. Don't start worrying. If they do not agree, we shall decide what to do after· discussing the matter. How are you? Now your college has opened. Do not say anything to anyone in college for they will only laugh at you. There is no harm if relations come to know. Does your father know? Well, Bashi, let-me finish now . Yes, start your studies. I am coming to' see you this week. Give my respect to your -mother. Bashi, a tight hug for you and all my love; Tne course of true love was not running smooth. For a young man in love, Lt. J oginder Singh possessed an amazing degree of patience and reasonableness. He had to go away for an Army course towards the end of October, and time was getting short. Late on the evening of October 7 he sat down to write a long letter to his beloved in which be discussed, the detail, the two possible courses open to them witb the pros and cons of each. Nothing gives a

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greater insight into the lovable character of the unfortunate lieutenant than the perusal of this document. Secret. Darling Bashi. I embrace you with love and send you my greetings. Bashi, first of all I must thank ~ou for your letters. I cannot tell you what consolatiOn they bring to me. I can only thank you with bowed eyes, if you in your graciousness will accept my thanks. Bashi, it is evening time and the shadows of night ~re closing in from all sides, bringing peace and Sb,utt!IW out the brightness of the day. How soft and sweet IS the gentle drizzle outside. Not a leaf stirs. It i~ in su~h calm that I have decided to think about our difficultles and write to you. Bashi, can you see the sky, how soothing is the light of the moon when it peeps through the douds. Its cool beams intoxicate the man who Ie'oks up at it. But this is hardly the time to dwell on such things when my very life is a whirlpool. We! I Bashi, today sadt;tess will certainly give place to happIness. Yes Bashi, I have marked today's letter 'secret' because it contains a special meaning. You should keep it with great care, but at the same time try to understand the depth of its contents with a cool and thoughtful mind because I am writing about things which relate to our future life. Every word of mine and every sentence demands your earnest consideration, because Bashi, I alone cannot decide everything. The time has come when you should advise me in every matter. You are not a child and you should not leave everything to me. I requested him* to come to Jullundur, but he refused. I do not know why, but I presume that there was some reason over which he had no control. Be

* JogJ.'s younger brother, Sarvinder, who had acted as their messenger carrying letters to and fro between them. Now, for -some reason, he could not come to Hoshiarpilr.

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that as it may, we she wishes. He has helve< have thanked him and I shall not trouble him proper, you might also . ber, however, that no I can only thank them j This, however, give: instance, our letters. I as also to your home ~ for you to decide. As cerned, We should not simple test letter. I i college address because dents in your college ar. me, is there any danger I shall always register. ties are not authorised but the addressee. WI me know. I shall not 11 a reply to this one. Y post my le-tters. In thl test letter at your home on this system. Am I question of my feelings that I can ever turn a' lack the courage. HO\1 I need in this world b things ever enter your I adore so much. Iha forehead which will rerr the funeral pyre. Basi cepting you? I have al exists only because of : that Bashi is for ever m it is just possible that , each other for some COl

. HE MAHATMA

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[ character of the unfortuof this document. you with love and send of all I must thank you ~ll you what consolation r thank you with bowed 5S will accept my thanks. the shadows of night are 19ing peace and sh,utting How soft and sweet is a leaf stirs. It is in such jnk about our difficulties . n you see the sky, how :m when it peeps through . intoxicate the man who rdly the time to dwell on Ee isa whirlpool. Well linly give place to happiked today's letter 'secret' ~aning." You should keep same time try to underwith a cool and thought~ about things wruch reword of mine and every ,t consideration, because verything. The time has ne in every matter. You j not leave everything to ; to Jullundur, but he remt I presume that there he had no control. Be or, who had acted as their ) between them. ~oshiarpilr.

Now, for

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that as it may, we should )10t compel him against his wishes. He has helped us a great deal in the past. I have thanked him and written to him telling rum that I shall not trouble rum any more. Bashi, if you think proper, you might also write and thank rum. Remem. ber, however, that no one is bound to help us and we can only thank them for whatever they have done. This, however, gives rise to several problems, for instance, our letters. I can write to you at your colIe,ge as also to your home address whichever you like. It is for you to decide. As far as the home address is con· cerned, we should not be too sure, but I can write a simple test letter. I have not b~ writing to your college address because I was not quite .sure if girl s~u­ dents in your college are allowed to receIVe letters. Tell me, is there any danger of discovery? To be quite su~e I shall always register my letters as the postal authonties are not authorised to deliver such letters to anyone but the addressee. Whatever your decision, please let me know. I shall not post any more letters till I receive a reply to this one. You can tell me on what day to post my letters. In the meantime, I-shall write you a test letter at your home address, but we must ,not dc:yend on this system. Am I right iq this? Then .there IS the question of my feelings. Bashi, did you really suspect. that I can ever turn· away my face from you? No, I lack the courage. How could I do it? Whom else .do I need in this world but you. How can such foolIsh things ever enter your mind? Can I leave one whom I adore so much. I have placed a sacred mark on my forehead which will remain till my body is cremated on the funeral pyre. Bashi, who is left in. the world excepting you? I have abandoned everythmg. My work exists only because of you. I for myself am confident that Bashi is for ever mine. I have written this because it is just possible that we may not be able to wnte to each other for some considerable time, nor may we be .

16

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able to see each other, but we must not stray from our course. Am I not right in this? Next comes the question of our decision. Bashi, we have asked them twice. Have courage. They will have to announce their decision. I have written a letter to your brother today of which I enclose a copy. Bashi, note carefully how your brother reacts to my letter. He will at first be excited, but then my letter will cause anxiety and I hope that he will then decide with a cool mind. If he wishes to come to see me, encourage him to do so, and let me know. I shall receive him. Yes, Bashi, ask your mother also and write to me every word of what happens. Bashi, we have already undergone so many hardships and if God has to put us to any more tests, let Him do so. Tell your mother that she should not pray in vain for my death, because such a calamity will only cause suffering to her own daughter. Oh Bashi, I do not know why my bram is becoming dull. I have not even begun what I intended to write, yet write I will. You will have to guess a great deal. Let me now continue in English. Have you ever thought what we should do. Well, I have under consideration two plans which I am going to write to you with all the advantages and disadvantages, but remember all depends on the way our parents decide the matter. Let us see what are the possible plans. PLAN AWe shall get married by the 21st of this month. You should reach this place on the 20th with the few possible dresses arriving here in the morning by about 12, so that we can settle and I can take you to your college . before I leave for my course. . Disadvant~

There are a number of disadvantages in this plan which are as follows:-

(a) Everything will ha (0) I shall be leavin~ coming back in F ~

(c) --->

(d) (e) (f)

for a practice car result will be that now, because, in ~ to Faizabad as it the change at this studies; it will give a shoe pect anything at 1 it will create diffi also because even it; and lastly, it might re~

A (a) The biggest adval1

our difficulties, er our goal; (b) all our worries w Aw.

If after taking into

i

decide to follow this j: In that case you must and any other detail member that we cann would like you to be good servant and with my course. Also I w( from college before I remember is that I cal you, as this will involv, and your parents will case against us. Now

NEW WINE AND OLD BOTTLES

• HE MAHATMA !

must not stray from our .8?

our decision. Bashi, we courage. They will have [ have written a letter to [ enclose a copy. Bashi, :r reacts to my letter. He hen my letter will cause · II then decide with a cool to see me, encourage him [ shall receive him. Yes, ld write to me ~very word lave already undergone so as to put us to any more Ir mother that she should , because such a calamity r own daughter. 'by my bram is becoming what I intended to write, Ive to guess a great deal. •ish. 'tat we "I)hould do. Well,' o plans which I am going (vantages and disadvantas on the way our parents ee what are, the possible <\-

: 21st of this month. You ,e 20th 'with the few posthe morning by about 12, 1 take you to your college

19e8 isadvantages in this plan

77

(3) Everything will have to be done in haste; (0) I shall be leaving on a course in November and

(c) (d)

. (e) (f)

coming back in February. Again I shall be going for a practice camp in March for a month. The, result will be that we shall have to stay as we are now, because, in any case, I cannot take you along to Faizabad as it will disturb your studies: the change at this stage will definitely dist~rb-your studies; it will give a shock to our parents who hardly expect anything at this stage; _ it will create difficulties in my professional work also because even the J3wans come to know about it; and lastly, it might result in financial difficulties also. Advantages

(a) The biggest advantage is that we put an end to all our di..
A word of advice If after taking into account all the above factors you decide to follow this plan, please let me know at once. In that case you must tell me your exact time of arriva~ and any other detail which you want to clarify. Remember that we cannot go beyond the 20th because I would like you to be settled in a good house with a good servant and with all the necessities before I go for my course. Also I would like to finish your migration from college before I leave. Another thing you must remember is that I cannot, come to your house to fetch you, as this will involve us in certain legal complications and your parents will get an opportunity of bringing a case against us. Now let me tell you the second plan.

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78

PLAN B We carry on as we are doing quietly till May 1957. You finish your B.A. examination and I finish my course and practice camp. We go on trying for an amicable solution and obtaining the consent of our parents. Failing that we marry in May 1957. (i)

(ii)

(iii) (iv)

(a)

(b)

(c) (d) (e)

Disadvantages One major disadvantage is that we have to lead an unsettled life for another seven or eight months. , Weare open to become the victims of parents' efforts. We remain slightly unhappy during the next few months, because we shall not be able to meet freely and as we like. Your education during this period will require much more mental effort and we might have to suffer on this account. Advantages We get plenty of time to think and plan things ac· cording to our desire which we may go on discussing during this period. We get a chance of finishing your education up to B.A. and my course before we plunge into marriage, , thus avoiding separation immediately after mar-' riage. , I might be able to manage my posting in South India by th,at time which means that we shall live away from any unnecessary disturbance. I might be able to get my two months' leave in May and there is a chance of going to a hill-station to enjoy our honeymoon. By that time our parents may revise their decision in our favour.

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(0 If our parents d( have enough til grudge us whate (g) You will comma ate girl than co: (II) There will be n, difficulties. Well, Bashi, I hav cards have aU been' best judge now. T course of action. A my life and soul anI accepted to me hont this matter here. Yes, whatever ma studies. If you can must appear. Bashi, come difficulties chec: Now Bashi, it is been together at thi each other. I would and ren:ioved all yOl morning we were on swinging till . . . Well, Bashi, Ihav me if you find any 1 midnight now. I sh Thursday. Oh, Go comfortable and hal Yes Bashi, I nearly your promise? PI~

The same evening letter of which he enck was couched in very (

IE MAHATMA

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(f)

g 9uietl y till May 1957. tatlOn an~ I finish my go on trymg for an ami~ consent of our parents. 1957.

.

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that we have to lead an even or eight months. _ . the victims of parents' . py during the next few t not be able to meet. his period will require and we might have to

:ink and plan things acIch we may go on disIg your education UD to ,~e plunge into marriage. Immediately after mar;e my .:posting in South means that we shall live y disturbance. y two months' leave in of going to a hill-station !lay revise their decision

79

If our parents do not decide in our favour, they will

have enough time to consider and they will not grudge us whatever we want. (g) You will command much more respect as a graduate girl than coming to me as a student. (it) There will be no question of facing any financial difficulties . Well, Bashi, I have analysed a major problem. The cards have aU been laid in front of you. You are the best judge now. Think for yourself and decide the course of action. As far as I itm concerned, you are my life and soul and anything decided by you will be accepted to me honestly and cheerfully. Let me leave this matter here. Yes, whatever may be, Bashi, do not give up your studies. If you can prepare for your examination, you must appear. Bashi, my darling Bashi, one should overcome difficulties cheerfully. Now Bashi, it is 11-30 p.m. I wish we could have been t?gether at this time and have talked sweetly to each ot4er. I would have loved and kissed your limbs and removed all your sorrow. Do you remember the morning we were on a swing? We would have gone on swinging till . . . Well, Bashi, I have written too much today. Excuse me if you find any nonsense in my letter. It is almost midnight now. I should await a reply to this letter till Thursday_ Oh, God, I wish my Bashi to be always comfortable and happy. In the end I hug you tightly. Yes Bashi, I nearly forgot, are not you going to fulfil your promise? Please reply soon. Ever yours. JOGI The same evening he wrote to Gurbakhsh Singh the letter of which he enclosed a copy to Bashi, and the letter was couched in very conciliatory terms-

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My dear brother, Sat Ski Aka). You have to decide a very complicated matter before the Dussehra festival. Only please keep in mind that the way to remedy one mistake is not to commit another mistake, but think over the matter and what the end of it will be. You are afraid of what people will say, but remember that whatever you decide, the people will find some flaw or fault in it. It is my earnest request that whatever decision you are going to make should be made within the next few days. Do not say afterwards that I did not give you· the chance to think: the matter over. I know only this much that I shall not be able to live without you, and you, too, will not be able to do without me. Maybe, it is difficult for you to decide anything in this way. Therefore, come here. Both of us will sit down tegether and discuss the whole matter amiCably. We shall reach a decision which will be acceptable to all. Greetings to everyone. Your brother, Joginder The betrothal ceremony took place in the schoolmaster's house at Hoshiarpur on October 19. Bashi's parents and her grandfather were present. A few neighbours, including a local advocate, a college professor and a doctor were invited 'to grace the function'. Lt. J oginder Singh received the usual gifts, including a gold ring and gold bangle with his name engraved on thein. In accordance with the usual custom, Bashi was not present. All three of her brothers stayed away and declined to participate in the ceremony. Jogi's effort to win Gurbakhsh over had completely failed. His opposition to the contemplated union continued unabated, and the happy relationship of the betrothed couple was constantly marred by Gurbakhsh's histrionics, though they were blissfully unaware .of the venom fermenting inside him. The proverbial obduracy of the Punjabi J at had reached the stage of a malevolent monomania which consumed his whole being

NEW WIN

with an insatiable pass personal ego was magrJ dishonour, and there v But as yet he gave no had begun to take shE On December 16 Je spoke of his hopes and done well in his tests.. standing fourth in his 1 give a speech, and he .

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As regards the sIX pected. You know 1 know that there is J somebody is assessin. it becomes quite a d and weigh each WOI speech as a great st convinced in my mi confidently address al it is not so difficult. ject, and with know] the audience. HOWl type of experience WI like going on the sta a number of hints wI He went on to refl sulking of late-

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Thank God, the all. I am not reall~ cause it is a good t main calm and see w put his patience to against him, my da: watch. Let him rea

· IE MAHATMA

lecide a very complicated · ;tival. Only please keep Iy one mistake is not to link over the matter and · 11 are afraid of what peo, at whatever you decide, or fault in it. It is my · lecision you are going to e next few days. Do not give you' the chance to w only this much that I · It you, and you, too, will •e. Maybe, it is difficult lis way. Therefore, come t0gether and discuss the shall reach a decision . Greetings to everyone. Your brother, Joginder lace in the schoolmaster's ,19. Bashi's.parents and • few neighbours, includprofessor and a doctor on'. Lt. Joginder Singh Ig a gold ring and gold on them. In. accordance ,s not present. All three declined to participate in !\lin Gurbakhsh over had on to the contemplated he happy relationship of :tantly marred by Gurwere blissfully unaware e him. The proverbial I reached the stage of a wsumed his whole being

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with an insatiable passion for revenge. The injury to his personal ego was magnified to the proportions of a family dishonour, and there was only one way of vindicating it. But as yet he gave no indication of the horrible piot that had begun to take shape in his villainous head. On December 16 Jogi, while writing to his betrothed, spoke of his hopes and aspirations, telling her. that he had done well in his tests, securing 65 per cent marks and standing fourth in his class. He had been called upon to give a speech, and he was well pleased with his perform-

ance.

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As regards the speech, I have done better than I expected. You know Bashi, it is easy t9 speak when you know that there is nobody to criticise you, but when somebody is assessing you and is going to criticise you, it becomes quite a difficult job. One has to be careful and weigh each word and each gesture. I count the speech as a great sucCess in my career, because I am convinced in my mind that from now onwards I can confidently address any type of audience. Bashi, after all it is not so difficult. Once you get to know of the subject, and with knowledge one gains confidence to face the audience. However, the fact remains that it is a type of experience worth ha¥ing. Well, it' you ever feel like going on the stage, let me know. I shall give ypu a number of hints which will be of great help to you. He went on to refer to Gurbakhsh. who had beeh s~lking of lateThank God, the situation is becoming quiet after all. I am not really worried about your brother, because it is a good thing that is happening. Now remain calm and see which way the wind blows. Let him put his patience to the test. Do not say anything against him, my darling, but simply keep quiet and watch. Let him reach the climax after which he will

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begin to change. You understand that the psychology of a man is that he changes after reaching the climax. For example, if a person is annoyed, let him remain annoyed till he reaches the stage when his anger bursts. You 'Nil! see that he will definitely cool down afterwards and repent his action. .But he ended on a happy note: For the rest everything is well. I am keeping an account of the crosses which I send you. Your limbs will be tired by receiving all these crosses but I shall not spare you. I shall kiss you so passionately that the redness of your lips will vanish. I shall exhaust your beautiful cheeks. I shall hug you so har_d that your breasts more delicate and more beautiful than flowers will be tired. . . . A month later, on January 17, 1957, he sent a brief note to his prospective mother-in-law. Gurbakhsh had again been making things unpleasant at home, and Jogi pleaded for reason and calmness: Respected mother, Sat Sirl Aka}. I hope you are all well. I am writing this after thinking about the whole thing. Please pay attention. Dear mother, it is easy to spoil a spoilt thing, but it is very difficult to put it in shape again. I have tried my best to mend matters, 'but all of you make things difficult for me. What is going to be the ultimate result? This is something to which you do not give thought. I told you the other day that we would, not do anything without obtaining your consent, but for God's sake, don't compel us to do anything rash. My regards to everyone. On the same day he wrote to Bashi, at greater length, about the same matter: Let me first write something about brother. I know exactly what he must have said. A weak man always

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indulges in abusive I thing else, but we s let him shout. Go 0 be swayed by anger. decide our line of aCi mother. Let her ree to me in detail the a decide our future C( should be tactful. ~ with him when he taught non-violence right path. He had fasts he shook the . Does Gurbakhsh thn weakness' in us? It right, but as he is y In February Jogi's Hoshiarpur 'for a wh jubilant, because they ties of seeing each at good news: My sweet rose. Bash Sat Sirl Aka). I was happy to read t excited. I had writl Please do not take t: I shall myself be at have dropped the i( my luggage the.re. ] Jullundur Cantonme to Piplanwala. I shB By the way how m now? Are you rea, shall most probably can find out beforel: down somewhere a!

[E MAHATMA

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, md that the psychology , ter reaching the climax. tllloyed, let him remain e when his anger bursts. nitely cool down after-

.. "

1. I am keeping an acsend you. Your limbs hese crosses but I shall ou so passionately that 'anish. I shall exhaust hug you so har_d that d more beautiful than

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, 1957, he sent a brief

I-law. Gurbakhsh had sant at home, and Jogi

re all well. I am writIe whole thing. Please is easy to spoil a spoilt >ot it in shape again. I ers, "but all of you make is going to be the uHig to which you do not :her day that we would ning your consent, but IS to do anything rash.

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3ashi, at greater length, :tbout brother. I know , A weak man always

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indulges in abusive language when he cannot do anything else. but we shall not retaliate. Bashi darling. let him shout. Go on listening quietly. but never never be swayed by anger. We shall meet in February and decide our line of action. I am writing a letter to your mother. Let her read it and watch her mood. Write to me in detail the attitude of everybody, so that I can decide our future course of action. Yes, Bashi, one should be tactful. You should not pick up a quarrel with him when he is in an exoited mood. Gandhi taught non-violence to the public to put them on the right path. He had so much power that by one of his fasts he shook the whole of the British Government. Does Gurbakhsh think that our attitude is due to some weakness in us? It is not difficult for me to put him right, but as he is your brother I won't do anything. In February Jogi's regiment was to be stationed at Hoshiarpur 'for a whole month, and the lovers were jubilant, because they would have frequent opportuni~ies of seeing each other. He wrote and gave her the good news: My sweet rose, Bashi, Sat Siri Aka!. I received your letter yesterday and was happy to read the contents. Darling, don't get so excited. I had written to you only by way of a joke. Please do not take the trouble of coming to Jullundur. I shall myself be at your place as early as possible. I have dropped the idea of going to Gian and putting my luggage the.re. I shall leave it in the Cloak ROQm, Jullundur Cantonment, and straightway take the bus to Piplanwala. I shall be there any time after 9 o'clock. By the way how many crosses have you received by now? Are you ready to clear the debt or not? We shall most probably go to see an English picture. You can find out beforehand what is on. Then we can sit down somewhere and talk at some place where we

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can be alon.e for a while. If there is nobody at the house, then we can stay there, otherwise we shall think of something else. We shall be meeting each other quite often, because I am going to be at Hoshiarpur for a month or so and then at Jullundur Cantonment. In case there is any last-minute change in the programme, I shall let you know. But most probably we shall stick to this programme and I have already booked .my seat from this place. I have finished one of my tests, but there are still three more to go. I have done well, with your good wishes, I am sure to do well in the remaining tests which will take place on consecutive days next week. I hope nobody is greatly disturbed by the news that I shall be coming to Piplanwala, but if anybody is, then let him be. With love, Your own, JOGI This was followed by another letter written the very next day in which he wrote: I shall be reaching Jullundur by the morning of the 10th at about 7-30. After leaving my luggage in the cloak room I shall straightway come to Piplanwala. Please tell everyone at home that I am coming. Let us see what happens. I dare anyone to insult me. However, the final decision is that you must not come to JUlbndur, but I shall come to fetch you. Bashi. do not be worried the least little bit, because I assure you that nobody will have the courage to say a word to me. However, that will be seen on the 10th. But, in any event, tell your mother and Gurbakhsh about .my visit, so that he may not say tomorrow that he was kept in ignorance. I know that this decision of mine to come to Piplanwala will cause some annoyance and there will 'be people who will be puzzled and worried. They might even lose their temper, but you

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must wait and see wh what English picture me. On the morning of th PiplanwaJa and spent Gurbakhsh gave him . ~ other two brothers, SUI sence, glowering at lJ atmosphere remained s away to see a picture four weeks they met e: discreetly away from th bakhsh. Once when h jit invited him inside fe another young man w Gurbakhsh pressed him in extending the invita contrast to his usual tempted to stay. But lJ ed for time. He exc Hoshiarpur. Gurbakhsh was mani: brothers and the stranB to the farmhouse. . Th stranger only to J ogi, had known him for qui acquainted through GUf company Mohinder Sing at Hoshiarpur.· Gurbal father practised magic a and devices of various sical ailments. He as charm which would dis her away from the u: modern witch doctor WI of Paper, breathed a p a tiny ball, handed it t

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there is nobody at the otherwise we shall think: be meeting each other ng to be at Hoshiarpur : Jullundur Cantonment. ute change in the pro· But most probably we · nd I have already bookhave finished one of my lore to go. I have done [ am sure to do well in take place on consecu-

'turbed by the news that 'ala, but if anybody is, With love, Your own, JOGI letter written the very

': by themoming of the ving my luggage in the y come to Piplanwala. hat I am coming. Let ) anyone to insult me. :hat you must not come ~ to fetch you. Bashi. 1e bit, ~cause I assure courage to say a word seen on the 10th. But. · and Gurbakhsh about y tomorrow that he was It this decision of mine cause some annoyance ) will be puzzled and ) their temper, but you

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must wait and see what happens. In any case, find out what English picture is on, and be ready to come with me. On the morning of the 10th Lt. J oginder Singh came to PiplanwaJa and spent a few hours with the family. Gurbakhsh gave him. a dark look and went out. The other two brothers, Surjit and Inderjit, suffered his presence, glowering at him and remaining silent. The atmosphere remained strained till J ogi and Bashi went away to see a picture at Hoshiarpur. During the next four weeks they met each other often, not secretly. but discreetly away from the openly hostile influence of Gurbakhsh. Once when he went to the farm-house, ~ndero jit invited him inside for a cup of tea. Gurbakhsh and another young man were standing near the door and Gurbakhsh pressed him to stay. He was almost affable in extending the invitation. This was such a welcome contrast to his usual scowling silence that Jogi was tempted to stay. But he had had his tea and was presSo ed for time. He excused himself and went back to Hoshiarpur. Gurbakhsh was manifestly angry and lashed out at his brothers and the stranger whom he had epecially called to the farmhouse.. This man, Mohinder Singh, was a stranger only to Jogi, for Gurbakhsh and his brothers had known him for quite some time. They had become acquainted through Gurbakhsh's cousin, Achhru, in whose company Mohinder Singh used to go to the Indian cinema at Hoshiarpur.· Gurbakhsh used to say that Mohindln"s father practised magic and prepared love charms, amulets and devices of various' types to cure mental and physical ailments. He asked. the old man to prepare a charm which would disabuse his sister's mind and wean her away from the unholy attachment to Jogi. This modem witch doctor wrote out a charm on a small piece of paper, breathed a prayer into it, and, folding it into a tiny ball, handed it to Gurbakhsh with instructions to

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THE MURDER OF THE MAHATMA

put the charm in Bashi's tea and let the writing dissolve in it. After a while the paper was to be removed and thrown away, leaving no visible evidence of the magical power added to the. beverage. Gurbakhsh followed the old man's instructions to the last letter, but he saw. no change in his sister's behaviour. The sort of affection which Bashi entertained for her lover was not within the witch doctor's competence. Gurbakhsh tried other means and consulted other sages, fakirs and sadhus; he spent several hundred rupees in the endeavour to bring his sister back to what he considered the path of rea,son and righteousness, but all his efforts were of no avail. The attachment between the young couple continued unabated; indeed, it increased and became even more firmly rooted in their hearts. They were now talking of an early marriage, and Bashi seemed criminally happy at the prospect of leaving the parental home and going away to lead a life of incest with a man who was daily becoming marl! and, more insufferable. There was only one thing that could save the situation before it became irretrievableonly one thing that could vindicate the family honour and prove a brother's love for his sister, and Gurbakhsh resolved to do it. He could not do such a thing singlehanded, but help was near at hand. Such things happened in villages, nobody regarded them with abhorrence or fear. and with a little planning and circumspection he would be able to achieve what he had been striving for. On April 1 J ogi came to the farm-house and sent a message to Bashi in Piplanwala that he was waiting for her. Inderjit took out his motor-bicycle and went to fetch his sister with a readiness that surprised the young lieutenant. accustomed only to the sulks and tantrums of his future brother-in-law. When Inderjit delivered his message to Bashi, Gurbakhsh was present. He raised no objection to her going to meet her lover, and only asked Inderjit to bring the bicycle back at once. The third

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brother Surjit was at t gramme was discussed It was a glorious da measure of the happim Hoshiarpur, wandered c at a restaurant and retl they sat a.nd chatted, company and joining if Bashi and J ogi went fa strolling in the munici able date for their rna for their future. Bash short postponement ai scarcely calculated to r the other hand, wantet Bashi's brothers had 1 inevitable and had ev had, of late, been aIm< cussion was continued back to the farm-hous Surjit and Inderjit Vi were to spend the nigh only two beds laid, all meant for him, while t other. After a short , Piplanwala on the pilli( her there, returned to now be continued in 1 ment which she made I had promised tc house at 7 a.m. the getting ready to go, about 6 a.m. He s morning and he wou I told Surjit that it away without seeinl

HE MAHATMA

:i let the writing dissolve was to be removed and evidence of the magical Gurbakhsh followed the st letter, but he saw no . The sort of affectIon lover was not within the Gurbakhsh tried.other s, fakirs and sadhus; he the endeavour to bring dered the path of re¥oo •:fforts were of no avail. !ng couple continued un: became even more firmly ~ now talking of an early · inally happy at the pros~ and going away to lead \las daily becoming mort:i \las only one thing that ·it became irretrievablete the family honour and 'ster, ap.d Gurbakhsh redo such a thing single1 Such things happened with abhorrence or fear. ~umspection he would be 1 striving for. farm-house and sent a that h~ was waiting for bicycle and went to fetch prised the young lieu ten!ks and tantrums of his ::lerjit delivered his mesesent. He raised no obr lover, and only asked ck at once. The third !

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brother Surjit was at the farm-house and the day's programme was discussed in his hearing. . It was a glorious day, and the young lovers took full measure of the happiness offered by it. They walked to Hoshiarpur, wandered about jn the park, took their lunch at a restaurant and returned to the farm at 2 p.m. There they sat and chatted, Inderjit and ~urjit keeping t~em company and joining in the conversatIOn. In the everung, Bashi and Jogi went for another walk, and spent an ho~r strolling in the municipal park discussing the most SOltable date for their marriage and making beautiful plans for their future. Bashi advised caution and suggested a short postpOIiement as Gurbakhsh's present mood was scarcely calculated to make things go smoothly. Jogi, on the other hand, wanted an early marriage and said that Bashi's brothers had by now resigned themselves to the inevitable and had even become reconciled to it-they had, of late, been almost affable towards him. The discussion was continued over a late tea and on the way back to the farm-house where they arrived at 9 p.m. Surjit and Inderjit were present at the farm-house, and were to spend the night there with Joginder. There were only two beds laid, and J ogi was told that one be~ was meant for him, while the two brothers would sleep m the other. After a short while Surjit took his sister back. to Piplanwala on the pillion of his motor-bicycle, and, leavm~ her there, returned to the farm-house. The story may now be continued in Bashi's own words from the statement which she made before the magistrate: I had promised to meet Joginder Singh at the farmhouse at 7 a.m. the following morning. When I was getting ready to go, Surjit came to the house. ~t was about 6 a.m. He said that Jogi had left early m the morning and he would write to me as soon as he could. I told Surjit that it was impossib~e that he should go away without seeing me and saymg good-bye. Then

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I started thinking he might have become annoyed with me on account of what I had said about postponing our marriage. I became confused and upset. At 8 a.m. I went to the farm-house. My brothers, Surjit and Inderjit, met me outside the door but they would not let me enter. I asked them to accompany me to the Cantonment at Jullundur where they said Joginder had gone. They replied that they had no time to waste, and advised me also not to go. I could not .stay away and took the 8.30 a.m. bus to Jullundur and went to Lt. Joginder Singh's house. There I met Sardara Singh. who was formerly orderly to J oginder Singh. He told me that 'Sahib' had gone to Hoshiarpur and was not expected back till the next morning. I sent Sardara to the house of Joginder Singh's father at Kala Bakr~. Sardara returned in the evening and told me that Sahib was not there. I stayed the night at Jullundur, and waited the whole of the next day which was April 3. Joginder Singh had to report back to duty that day and when he did not make an appearance by 9 a.m.. I became very worried. My brothers, Inderjit and Surjit. now arrived and took me back to Piplanwala. Seeing my anxiety they sent two telegrams. Surjit wrote out one; it is the one shown to me, and Gurbakhsh the oth!
There· was no resporu waited for two more d moment till it reached continue Bashi's narrati1 On April my broth wanted by Sant Singh But when I went· ther, I took Inderjit and v Singh. He told me tl everywhere but had fe The witness went on t been on Jogi's personwb April 1. She was ShOWl These she identified as tl J oginder Singh on the 0 She also identified a Iar been exchanged between the ones she had receiv~ in a suit-case lying at J I On the morning of Ap Singh alive. was given uf of his son's mysteriom giving details of the eire Jullundur to go to Piplat the Jullundur CantonrneJ earlier another report b Inspector of a village p< from Piplanwala. This I a number of tell-tale ar centre of a thick grove ( n~ar the spot quite by c They had at once inform and the headman had n late at night on the 6th ear1y on the mQrning of of the articles lying at tht M.M.--4

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lave become annoyed with .ad said about postponing 'used and upset. At 8 a.m. My brothers, Surjit and door but they would not to accompany me to the ere they said Joginder had had no time to waste, and ·r could not ,stay away and 'ulIundur and went to Lt. lere I met Sardara Singh, ., J oginder Singh. He told i. Hoshiarpur and was not ·loming. I sent Sardara to l'S father at Kala Bakra. ·ng and told me that Sahib e night at Jullundur, and t day which was April 3. back to duty that day and ,pearance by 9 a.m., I be-. ')thers, Inderjit and Surjit, ,ck to Piplanwala. Seeing iegrams. Surjit wrote out ~, and Gurbakhsh the oth~r of my brothers. 'Joginrler Singh at his regithe following brief mes-

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: 'That will fetch him if Jer telegram to the Adjut. ~R

SINGH'S INFORMAiRBAKHSH SINGH'.

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Thore was no response to these telegrams, and Bashi waited for two more days, her anxiety increasing each moment till it reached the proportions of a panic. To

continue Bashi's narrativeOn April my brother Inderjit came and said I was' wanted by Sant Singh (Jogi's father) at the :farm-house. But when I went there I found him gone. On the 7th I took Inderjit and went to Kala Bakra to seeSant Singh. He told me that he had searched for his son everywhere but had found no news or trace of him. The witness went on to describe the clothes which had been on Jogi's person when she left him on the evening of April 1. She was shown a gold ring and a gold bangle. These she identified as the gifts which had been given to Joginder Singh on the occasion of her betrothal to him. She also identified a large number of letters which had been exchanged between them: she herself had produced the ones she had received from him and hers were found in a suit-case lying at Jullundur. On the morning of April 7 all hope of finding Joginder Singh alive was given up, and Sant Singh made a report of his son's mysterious disappearance to the police, giving details of the circumstances in which he had left Jullundur to go to Piplanwala. This report was made at the Jullundur Cantonment Police Station. A few hours earlier another report had been recorded by the SubInspector of a village police station situated three miles from Piplanwala. This report related to the discovery of a number of tell-tale articles by two small boys in the centre of a thick grove of trees. These boys had passed n""ar the spot quite by chance while out grazing cattle. They had at once informed the headman of their village. and the headman had reported the matter to the police late at night on the 6th. The police went to the spot. early on the morning of the 7th, and made an inventory of the articles lying at the spot. This is what they found: M.M.-4

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Two blood-stained, used, torn and partly burnt pieces of cloth. Five burnt pieces of leather. A piece of bedding valise to which a big brass buckle was attached. Eight small brass buckles of different types. A small pair of scissors. A bloodstained piece of cloth which seemed to belong to a valise. A piece o.f qUilt printed on the upper· side and bearing white, red and green flowers on the other side. A blood-stained portion of shirt made from striped cloth. Six iron nails of the type which hold an attache-case together. Two locks together with iron hooks. A one-anna piece. A bunch of keys containing nine keys on an iron ring. A tin button. Two rivets. A piece of cloth almost completely burnt with four rivets attached to it. Twelve pieces of glass. A small iron rod. An iron frame. A dented tin with a hole in the upper side. A tuft of hair. Twenty-one bones of different parts of a hUman body and the bone of the lower jaw from which three tooth were missing. The bones contained three ribs of one side, five of the other and one leg up to the ankle. The Sub-Inspector removed everything, carefully packing and sealing the various articles in separate bundles. The recovery was immediately connected with J oginder Singh's disappearance, and in the course of the next twenty-four hours six arrests were made. All three of Bashi's brothers, their cousin Achhru, their servant Tulsi and their friend Mohinder Singh were interrogated one by one and taken into custody. By the evening of the 9th the investigating officer had succeeded in extracting the entire story of the manner in which J oginder Singh was put to death and his body disposed of. .Mohinder Singh was the first to break down and make a clean breast of everything. This happened when the police confronted him with some dark-red stains on his kacbha (underpants). Every Sikh is enjoined by his religion to observe

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the sanctity of the five 1 all Sikhs wear knee-len constitute the sole neth less the need for a 'dt wearing of long trouserl plain the presence of bl, ed that he had taken I lieutenant, and after so ring on which J oginder also pointed out a hear under which his cotton was recovered. The oth sure of interrogation fOJ self-incriminating staten tion which led to the re heap of bricks and of a Both articles were foun. on them. His cousin, Ac another sacred K, and b heap of cattle fodder. stains upon them. A Singh's Army pistol fro produced a gold bangle was engraved. Since there were no ~ , police thought that the I sufficient by a court of II Mohinder Singh to acce] come an approver. To thereupon produced befo complete account of the The story that finally had planned to murder 1 this purpose had secured sons. It was intended to der Singh visited Piplan, however, proved abortiv

'HE MAHATMA

torn and partly burnt It pieces of leather. A Ihich a big brass bucleie brass buckles of differof scissors. A bloodlich seemed to belong printed on the upper' side . reen flowers on the other ·lon of shirt made from . :)f the type which hold an locks together with iron A. bunch of keys containA tin button. Two rivets. npletely burnt with four pieces of glass. A small .. dented tin with a hole in ur. Twenty-one bones of )ody and the bone of the teeth were missing. The one side, five of the other i'~erything, carefully pack-

ticles in separate bundles. connected with J oginder the course of the next were made. All three of lchhru, their servant Tulsi 1 were interrogated one by By the.~vening of the 9th ICCeeded in extracting the i~hich J oginder Singh was IOsed of. .Mohinder Singh ld make a clean breast of ilen the police confronted IS on his kacbha (underby his religion to observe

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the sanctity of the five K's Kadlha is one of the K's, and all Sikhs wear knee~length drawers or underpants which constitute the sole nether garment in warm weather unless the need for a 'dressy' appearance necessitates the wearing of long trousers. Mohinder Singh, unable to explain the presence of blood-stains on his kachha, confessed that he had taken part in the murder of the young lieutenant, and after some hesitation produced the ..gold ring on which Joginder Singh's name was engraved. He also pointed out a heap of grass in his cattle-shed from under which his cotton shawl also bearing blood-stains was recovered. The others were unable to resist the pressure of interrogation for long, and one by one all made self-incriminating statements. Gurbakhsh gave information which led to the recovery of a dagger from under. a heap of bricks and of a shirt from a heap of loose earth. Both articles were found 'to have stains of human blood. on them. His cousin, Achhru, produced a kirpan (sword), another sacred K. and his shirt and long trousers from a heap of cattle fodder. These articles, too, had bloodstains upon them. Achhru also produced Joginder Singh's Army pistol from his sugar-cane field. Inderjit produced a gold bangle on which Joginder Singh's name was engraved. Since there were no eye-witnesses of the murder, the , police thought that the evidence might be considered in· sufficient by a court of law. They accordingly persuaded Mohinder Singh to accept a conditional pardon and become an approver. To this he readily agreed. He was thereupon produced before a magistrate where he gave a complete account of the murder. The story that finally emerged was that Gurbakhsh had planned to murder the offending lieutenant, and. for this purpose had secured tIie assistauceof four other persons. It was intended to carry out this plot when Joginder Singh visited Piplanwala in February. The scheme. however, proved abortive, and because Joginder Singh

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was pressed for time he left the farm-house before the murderers could have a chance of securing him. When Joginder Singh arrived at the farm-house Oil the 1st of April, Gurbakhsh called Mohinder Singh and Achhru, and it was decided to carry out the nefarious design during the course of the night when J oginder Singh wouid be asleep in the farm-house. The unsuspecting young man was attacked in the middle of the night and fatally stabbed. What happened next is best described in the words of Mohinder Singh taken from his statement made at the trial: . After Joginder Singh had been so murdered, Inderjit removed a gold bangle from Joginder Singh's arm and I removed his gold ring. Gurbakhsh Singh asked me to keep the ring and I put it in my pocket. We put the dead body in a gunny-bag and tied it up. Gurbakhsh and Surjit went to Piplanwala and brought a valise. Joginder Singh's bed clothes had become stained with blood and we stuffed these into the valise and the gunnybag containing tl1e dead body was also placed in the valise. We tied up the bundle, but the bloOd began to ooze out of the valise. To stop this, we wrapped the quilt and other bed clothes of Surjit Singh round the valise. We tied up the bundle with a rope. Then Gurbakhsh and Surjit went to Piplanwala and brought their tractor. They also brought their servant, Tulsi, in the tractor. The bundle containing the dead body as also Joginder's attache-case were placed in· the tractor and we drove to Gurbakhsh's land which is about half a mile away. The sun had not yet risen, but there was enough light to set and identify a passer-by. We met Sadhu Singh and Battan Singh in the way. Achhru and Tulsi went to buy a tin of kerosene oil while we drove on to a brick-kiln where the tractor was parked. After a short while Achhru and Tulsi arrived bringing a tin of kerosene oil. We all drove on and arrived at a grove of trees.

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We removed the bund] the attache-case from . the ground poured kerl the tin of oil on top 0 whole heap. When tl We had gone only a ! loud explosion. i

The loud explosion wa of the oil left in the tin. The case against Gur I a!ld Tuls~ was tried by a Clal SerVIce. The trial b lasted till January 9, 19: were examined by the p of documents was produ of evidence was the app the whole manner in whi carried out; as also the s1 body. There was ample testimony in almost every was sought to be establis tween the young couple a ing Mohinder's father v -, , charm to Gurbakhsh at Gurbakhsh and his accon had been observed by sev, of having seen Gurbakhs Mohinder sitting on thf afternoon, of the tractor the place where the dead TulSi purchasing a tin of ing of April 2. Bashi against her brother at thf by the magistrate, but at the prosecution. She be ment between her and tlJ

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.e farm-house before the of securing him. When arm-house on the 1st of Ider Singh and Achhru, the nefarious design durJ oginder Singh would be ; unsuspecting young man · le night and fatally stab· :st described in the words lis statement made at the ieeJl so murdered, Inderjit · Joginder Singh's arm and lrbakhsh Singh asked me · n my pocket. We put the ld tied it up. Gurbakhsh Lla and brought a valise. had become stained with () the valise and the gunny'ly was also placed in the Ie. but the blood began to stop this, we wrapped the of Surjit Singh round the le with a rope. Then Gur,)lanwala and brought their their servant, Tulsi, in the ing the dead body as also placed' in the tractor ~d i which is about half a: mIle risen, but there was enough ;er-by. We met Sadhu Singh ~. Achhru and Tulsi went il while we drove on to a was parked. After a short ved bringing a tin of keroI arrived at a grove of trees.

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We removed the bundle containing the dead body and the attache-case from the tractor and placing them on the ground poured kerosene oil over them. We placed the tin of oil on top of the bundle and set fire to the whole heap. When the fire was fully alight, we left. We had gone only a short distance when we heard a loud explosion. The lOUd explosion was due to the sudden combustion of the oil left in the tin. The case against Gurbakhsh, Surjit Inderjit, Achhru and Tuisi was tried by a senior member of the State Judi.cial Service. The trial began on December 30, 1957, and lasted till January 9, 1958. Seventy-five witnesses in all were examined by the prosecution, and a large number of do.cuments was produced. The most important piece of eVIdence was the approver's statement. He described the whole manner in which the murder was planned and carried out, as also the steps taken to dispose of the dead body. There was ample corroboration of the approver's testimony in almost every material particular. The motive was sought to be established by the letters exchanged between the young couple and a number of witnesses including Mohinders father who deposed to having given a charm to Gurbakhsh at his request. The movements of i Gurbakhsh and his accomplices on the day of the incident I had been observed by several persons. They gave evidence of having seen Gurbakhsh riding his motor-bicycle, with I Mohinder sitting on the pillion behind him. late that I afternoon, of the tractor being driven in the direction of the ,place where the dead body was burnt, of Achhru and I Tulsi purchasing a tin of kerosene oil early on the mornr ing of . April 2. Bashi had fully supported the case against her brother at the time of the preliminary enquiry I by the magistrate, but at the trial she sprang a surprise on the prosecution. She began by speaking of the attachin~nt between her and the deceased lieutenant and of the

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THE MURPER OF THE MAHATMA

solemn vow which they had recorded and signed with their blood on the New Year's Day of 1956; she identified the letters she had written to him as also the ones she hadreceived from him,but" when she was asked about Gurbakhsh's attitude towards the contemplated marriage she began to qualify her earlier story, and said that though her brother was at first opposed to the union between two people who had lived and grown up together in the same village, he had later withdrawn his objection and had never uttered any sort of threat against J oginder. She went on to narrate the events of April I, and gave a de-tailed account of Jogi's visit to the farm-house, her going to meet him there, their trip to Hoshiarpur and the way they had spent the afternoon and evening in each other's company. She had left him at the farm-house at about 9.30 p.m. and Surjit had taken her back to Piplanwala. But, she stated, and this is where she made a complete volte-face, that on the morning of April 2, Surjit did not say anything about Joginder having left the farm-house very early, nor did her brother prevent her from entering the house where Jogi had spent the previous night. According to her new version, they were as anXious as she was to find the whereabouts of the missing lieutenant; they sent telegrams, made enquiries and showed their solicitude in the matter. The Public Prosecutor submitted to the court tha,t the witness had turned hostile, blood was thicker than water, her lover could not come back and she was not willing to swear away the lives of her brothers and aggravate the tragedy 'of her love. J;Ie prayed for permission to cross-examine the unfortunate woman. The court granted this prayer, and Bashi was cross-examined at length first by the Public Prosecutor and then by the defence counsel. It must have been a terrible ordeal to be placed on the rack and teased in this manner. Tom between the loyalty to her family and her undying love for her betrothed, she found it impossible to make any sort of consistent statement. There was also the fear of prosecu-

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tion on a charge of pel bundle of half,truths sec She had left her p~ren1 parents. They had recei were capable of, and sh tion and love. 'I am not' she said, 'nor do 1 want : with Master. Sant Singh my parentSCIn-Iaw, and t to their younger son Su that she hoped to find e of her heart. It was po; seek retribution and be 2 all her brothers. . The prosecution had there was still ample e' murder. The recovery ( dagger and the productic with his name engraved e roboration of the approvi made very little differenc secutor claimed a ventie soners. The court took time to later announced judgmen sons. The judge took th ment was not completel have been faked by the pi . self-contradictory could 11 The' State did not acce] appeal to the High Court judge were perverse and an order of acquittal is : such appeals seldom succe mits such appeals to be always reluctant to revers, reason is obvious. The

NEW WINE AND OLD BOTTLES

'HE MAHATMA

., rded and signed with their ,f 1956; she identified the , also the ones she hadree was asked about Gurontemplated marriage she " and said that though her ) the union between two , tl. up together in the same n his objection and had 1t against Joginder. She 'f April I, and gave a dethe farm-house, her going , Hoshiarpur and the way Id evening in each other's : the farm-house at about · L her back to Piplanwala. lere she made a complete of April 2, Surjit did not aving left the farm-house · prevent her from entering , the previous night. Ac'!y were as anxious as she ·of the missing lieutenant; quiries and showed their Public Prosecutor submits had turned hostile, blood :r could not come back and ay the lives of her brothers her love. B:e prayed for e unfortunate woman. The Bashi was cross-examined rosecutor and then by the been a terrible ordeal to be in this manner. Tom bey and her undying love for ossible to make any sort of is also the fear of prosecu<

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tion on a charge of perjury. So her deposition was a bundle of half"truths, second thoughts and contradictions. She had left her parents and gone to live with J ogi's parents. They had received her with all the warmth they were capable of, and she looked up to them for protection and love. 'I am not living in the house of my parents,' s~e said, 'nor do I want to go back to them. I am living WIth Master Sant Singh and his wife as I consider them my parents~in-Iaw, and they have promised to marfY.. me to their younger son Surrinder: It was in this manner that she hoped to find consolation and heal the wounds of her heart. It was pointless, she must have argued, to seek retribution and be a party to the legalised killing of all her brothers. The prosecution had lost an important witness, but there was still ample evidence to prove the charge of murder. The recovery of the blood-stained clothes and d~gger. and the production of Joginder's ring and bangle WIth his name engraved on them were alone sufficient corroboration of the approver's story, and Bashi's resilement made very little difference to the case. The Public Prosecutor claimed a verdict of guilty for all the five prisoners. The court took time to consider the matter and two days later announced judgment acquitting all the accused persons. The judge took the view that the approver's statement was not completely reliable, the recoveries could have been f~ked by the police and Bashi's statement being self-contradIctory could not be used against the accused. . The State did not accept this decision and preferred an ~ppeal to the High Court alleging that the findings of the Judge were perverse and erroneous. To appeal against an order of acquittal is a very unusual proceeding, and su.ch appeals seldom succeed, though the law of India permIts such appeals to be instituted. The HiglI Court is always reluctant to reverse a verdict of not guilty and the reason is obvious. The position has been stated very

96

THE MURDER OF THE MAHATMA

EVIDENCE AGA

aptly by a judge of the Supreme Court of India. He 0bserved-

It is now well settled that though the High Court has full power to review the evidence upon which an order of acquittal is founded, it is equally well settled that tho presumption of innocence of the accused person is further reinforced by his acquittal by the trial court and t~e views of the trial Judge as to the credibility of the '!1tnesses must be given proper weight and consideration; and the slowness of an appellate court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witnesses must also be kept in mind. and there must be substantial and compelling reasons for the appellate court to come to a conclusion different from that of the trial Judge. There was no doubt at all that in this case there were substantial and compelling reasons for setting aside the order of acquittal passed by the trial judge. The evidence left no doubt whatever about the guilt of Gurbakhsh and Achhru. There was no reason for rejecting. the evidence of the approver and not accepting the recoveries as perfectly genuine. There could be no explanation of these facts consistent with the innocence of the accused personS. The appeal was heard by a Division Bench consisting of my learned colleague Mr. Justice Tek Chand. a Bachelor of Civil Law of the University of Oxford. and myself. After reviewing the evidence and taking into consideration all the circumstances of the case, we came to the conclusion that Gurbakhsh and Achhru were clearly guilty of murder. and Tulsi was guilty of destroying the evidence of murder inasmuch as he had procured a tin of kerosene oil and helped to burn the dead body. With regard to Inderjitand Surjit, we felt that, as a measure of abundant caution, it would be inadvisable to interfere with the order of their acquittal. As a great deal of time bad elapsed and the accused persons had been subjected to the

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harrOwing experience of tal offence and then a Cf them in appeal, we thou !.>e ~et if Gurbakhsh al lITIpnsonment> and Tulsi

ment

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THE EVIDENCE A{ The mind is apt to tak to one another, ~ if need be, to force ther . whole; and the more iJ dual, the more likely WI over-reach and mislead that is wanting, to take with its previous thood complete. Baron A ~tances

?

TIIE grazing fields of i of any other village in dull, featureless stretch ( tion. Arid, unfertile an relieved here and there b and bushes of asclepias These mounds are the. 1 molished long ago. The been smoothed and rou years. There is nothing and nothing in it draws 1

,i mE MAHATMA

EVIDENCE AGAINST PALVINDERKAUR

97

I

• e Court of India. He obhough the High Coult has ence upon which an order :qually well settled that the the accused person is furttal by the trial court and · as to the credibility of the per weight and considera> appellate court in disturbat by a Judge who had the · esses must also be kept in ubstantial and compelling mrt to come to a conclu· ile trial Judge. hat in thiS case there were Isons for setting aside the ~ trial judge. The evidence he guilt of Gurbakhsh and •1 for rejecting the evidence ')ting tne recoveries as per-I ·be no explanation of these I :Dceof the accused persons. > livision Bench consisting of ice Tek Chand, a Bachelor tty of Oxford, and myself. ad takiJ,lg into consideration lse, we,.caIDe to the conelulhru were clearly guilty of ,f destroying the evidence of procured a tin of kerosene ead body. With regard to at, as a measure of abund- i. nsable to interfere with the I a great deal of time bad i 1S had been subjected to the I,

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harrowing experience of undergoing first a trial for a capital off7nce and then a re-hearing of the entire case against them ill appeal, we thought that the ends of justice wowd ~et if Gurbakhsh and Achhru were sentenced to life lIDpnsonment- and Tulsi to four years' rigorous imprison-

!>e

ment

FIVE THE EVIDENCE AGAINST PALVINDER KAUR The mind is apt to take a pleasure in adapting clrwm~tances to one another, and even in straining them a IitOe, if need be, to force them to fonn parts of one connected whole; and the more ingenious the mind of the individual, the more likely was it, considering such matters, to over-reach and mislead itself, to supply some tittle link that is wanting, to take for granted some fact consistent with its previous thrones and necessary to render them complete. Baron Alderson in REGINA v. HODGE

TIm grazing fields of Chhatare like the grazing fields of any other village in the plains of eastern Punjab-a dwl, featureless stretch of land beyond the village habitation. Arid, unfertile areas alternate with grassy patcltes relieved here and there by low mounds covered with scrub and bushes of asclepias gigantea, oleander and ipomaea. These mounds are the remains of hamlets fallen or demolished long ago. The heaps of rubble and bricks have been smoothed and rounded by the dust of a hundred years. ~her~ i~ nothing remarkable. about the landscape and nothmg m It draws the attention of a passer-by. The

98

THE MURDER OF THE MAHATMA

local residents know that the area is uncultivable and fit only for grazing cattle. An unmetalled country pathway which t~kes off fro~ the Grand Trunk Road passes at a shon: dIstance to gIVe access to the neighbouring village. Outslde!s seldom come to the vicinity, and the village boys who dnve out the cattle each morning and drive them back .each evening pass the time by lying supine under an ?Ccasl~mal tree, and hurling obsence abuses at the animals 1~ theIr charge whenever these begin to stray away. Somebmes t~e boys play primitive village games or throw stones at a dIstant target. Nothing exciting or out of the ordinary has happened in the village since the great exodus of 1947. when caravans of refugees moved across the entire countryside, and strangers came in thousands to usurp the lands and houses of the Muslim residents who were leaving their ancestral homes to settle in a country they had only heard of in travellers' tales. Here, one day, in the beginning of March 1950, Madho. a young lad of 16, was watching a dozen or so buffaloes committed to his charge. Feeling bored with the unrewarding occupation, he challenged another boy to throw stones at a certain bush on a nearby mound. . One Of the stones flew over and beyond the bush and oncoming down sent back. a loud metallic clang. Going t6 the mound he looked into the mouth of a disused well of which .he had always known the existence. and saw the top of a large steel trunk showing above the shallow muddy pool at the bottom of the well. A faint unpleasant odour rose up from below, but a well which had remained unused for years could hardly be expected to generate a savoury aura. Another stone dropped on the box revealed no further information about it or its contents. and Madho hastened to narrate the story of his find to his people in the village. The headman of Chhat accompanied Madho to the well. and verified with his own eyes the story told by the lad. The headman decided that this was a matter for considera-

EVIDENCE AGA

tion at a higher level, :; ~ot blunder into somet! mg consequences. The cealed by a departing come back and reclaim picious, for such things' hand. the contents mig abandoned houses and covered and carried awa tain evidence of somethit more serious than theft ed Madho to abstain fI affair, and walked the: make a report of what The Sub-Inspector in his immediate subordina were away. The Head is to write up the polio: ports, evinced little inte! making a brief note in headman to trust to his 0!lt of the well. To gl CIsm, the clerk conclud< ing: 'Jata headman hal out of the well, and ' af . send mformation to the ' ?ecause no investigating IS understaffed.' By the time the headl too late to begin operal stery box, but early the party of men including menials who are custon nature, and repaired to t rope, the box was pulled of rotten carcasses, and was found to contain th

EVIDENCE AGAINST PALVINDER KAUR

i"HE MAHATMA

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i ~ea

is uncultivable and fit metalled country pathway . Trunk Road passes at a the neighbouring village. :inity, and the village boys morning and drive them by lying supine under an :nce abuses at the animals egin to stray away. Someage games or throw stones :citing or out of the ordil since the great exodus of s moved across the entire Ie in thousands to usurp iuslim residents who were o settle in a country they tales. Ig of March 1950, Madho, 19 a dozen or so buffaloes ling bored with the umeged another boy to throw ~arby ~ound. One Of the the bush and oncoming lic clang. Going t6 the mth of a disused well of he existence, and saw the rrg above the shallow mudwell. A faint unpleasant a well which had remainly be expected to generate .e dropped on the box reabout it or its contents, :e the story of his find to

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lpanied Madho to the well, the story told by the lad. 'Nas a matter for considera-

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tion at a higher level, and a mere village official should ~ot blunder into something which might have far-reachmg consequences. The box might contain valuables concealed by a departing Muslim evacuee who hoped to come back and reclaim them when times were more auspicious, for such things were not unknown. On the other hand, the contents might consist of goods looted' from abandoned houses and concealed till they could be reo c~vere~ and carried a,,:ay in safety. The . box might contam eVIdence of somethmg more uncommon a dread crime more serious than theft or robbery. The headman warned ~adho to abstain from probing any further into the affrur, and walked the six miles to the police station to make a report of what he had heard and seen. . 'f!te Su~-Inspector .in charge of the police station and his ImmedIate subordmate Head Constable (investigation) ~ere a,,:ay. The He~d Constable (clerk), whose duty it IS to wn!e up t~e p?hce station diary and take down report~, evmce
100

THE MURDER OF THE MAHATMA

man. The body was bent double, the head resting between the two feet. It was in an advanced stage of putrefaction, and was greatly bloated by internal gasses. A message despatched to the police station immediately brought the Sub-Inspector to the spot, and he summoned a doctor to perform the autopsy. This took some time as the Civil Surgeon who was sent for in the first instance was out on tour. The Assistant Surgeon took his own time to reach the spot. The· manner in which the dead body had been disposed of indicated murder, but, as the victim's face was past recognition, and the process of decay was rapidly making the corpse more abhorrent every hour, the post-mortem was hurriedly con· eluded and the body was sent away for cremation. The perfunctory examination provided no clue of the cause of death, and the doctor's report was of very little value in determining the course of investigation. The police officer even omitted to photograph the body for purposes of identification. The clothes of the deceased, which had to be cut away from the swollen body. were. however, taken to the police station together with an iron bangle worn by the deceased. The box and a piece of hessian with which the corpse had been covered after it was placed in the trunk completed the clues available at that stage. I have always considered it a matter of regret that doctors in this countly do not make a more thorough and careful examination of a dead body suspected or known to have been the result of criminal homicide. Except in the rare case relating to an important victim, the autopsy is carried out with almost reckless indifference to scientific accuracy. I have often had occasion to comment adversely on the conduct of a doctor and the careless manner in which he handled the post-mortem examination. A great deal depends on the accurate and intelligent observation of the condition of the dead body. the nature, size and location of the injuries found upon it. the state of the internal organs. the contents of the stomach and

EVIDENCE AC

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intestines. the preseno blood or tissues. Yet basic information is I heard stories of the a nation of a dead b()( sweeper who calls ou tions listed on the priJ post-mortem report. outside the mortuary. of the dead body. and ed across to him. M and enthusiastic and a ous indignation. I butl and asked him quite true. Was it possible knowing the importall trial could be gUilty 01 to let a sweeper do tl man say if the stoma( or undigested food. h( the size and state of t a case of stabbing. sa' pierced or if the heart' out the dissection of mate accuracy? Wasl ing in an illiterate an, to do with the autops depend on what the c court! The Civil Surgeon. v . achieved great distinct: ed to- my outburst wit yet raw and inexperie like so bad as I thoug] tors did not always p pecially if the dead t putrefaction. It was

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EVIDENCE AGAINST PALVINDER KAUR

MAHATMA

: )le, the head resting be, advanced stage of putreby internal gasses. police station immediateI the spot, and he sum.utopsy. This took some was sent for in the first . Assistant Surgeon took . The manner in which .ed of indicated murder, 'ast recognition, and the king the corpse more ab'rtem was hurriedly conway for cremation. The !d no clue of the cause . : was of very little value lVestigation. The police ,h the body for purposes the deceased, which had !n body, were, however, . :her with an iron bangle [ and a piece of hessian :overed after it was places available at that stage. natter of regret that doc:e a more thorough and ,ody suspected or known lal homicide. Except in ·rtant victim, the autopsy ss indifference to scienti)ccasion to comment adDr and the careless manost-mortem examination. :urate and intelligent ob~ dead body, the nature, found upon it, the state ~nts of the stomach and

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intestines, the presence of some poison or alcohol in the blood or tissues. Yet it -is surprising how frequently this basic inform.ation is lacking in a murder case. I have heard stories of the actual job of dissection and examination of a dead body being entrusted to the hospital sweeper who calls out the answers to the various questions listed on the print ed form intended for the doctor'S post-mortem report. The doctor himself sits at a table. outside the mortuary, safe from the stench and infection of the dead body, and notes down the information shouted across to him. Many years ago, when I was young and enthusiastic and apt to work up a measure of righteous indignation, I buttonholed the District Civil Surgeon, and asked him quite plainly if what I had heard was true. Was it possible, I said, that responsible doctors knowing the importance of their evidence in a criminal trial could be guilty of such woeful dereliction of duty as to let a sweeper do their job. How could the wretched man say if the stomach contained digested, semi-digested or undigested food, hnw could he venture an opinion on the size and state of the liver and spleen? Could he, in a case of stabbing; say whether the peritoneum had been pierced or if the heart had been injured? Could he carry out the dissection of the dead body with even approximate accuracy? Wasn't it criminal even to think of calling in an illiterate and untrained man to have anything to do with the autopsy? Why, the life of a man might depend on what the doctor had seen and later stated in court! . The Civil Surgeon, who later became a world figure and achieved great distinction in his branch of surgery, listened to. my outburst with patience and told me that I was yet raw and inexperienced. Things were not anything like so bad as I thought. It was no doubt true that doctors did not always perform the autopsy personally, especially if the dead body was in an advanced stage of putrefaction. It was highly unplelisant to mess about

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102

THE MURDER OF THE MAHATMA

~ith

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a" co~p~ full of maggots, ~nd t~ere was always the nsk o~ pIckmg up some foul Infection. Most hospital sweepers had acquired enough skill'to dissect a body and could be relied upon to give the correct information required by the doc~or. And as for a life depending on what the doctor mIght say, I ought to remember that for the doctor, t09, it was a matter of life and death. And was not a doctor's life more valuable than that of a mere villager who almost certainly deserved to be hanged for his past misdeeds if not for the.. offence with which he was being charged? The horror of the situation described by' the Civil Surgeon rendered me speechless. So, this was the way th6' ?oc!or's mind worked! He had no sense of guilt or inJus~ce, And that, as far as he and post-mortem examinatIOns were concerned, was that. . I am told that the practice of letting a sweeper do the autopsy, though by no means uncommon, is not usual. and that a large nl,lmber of examinations are conductee personally by the doctor in charge. . lliave no doubt that in the case· of the dead body recovered from the steel trunk;. the doctor did not entrust the job to anyone else. But hIS examination was far from satisfactory, and in the absence of visible marks of injury on the victim's person he would have been well advised to insist, or, at any rate, suggest a chemical analysis of the viscera· and the internal organs for signs of· poisoning. The sum total of the evidence available after the postmortem examination was this: The clothes of the deceased were of Western style, and the quality of the material was good enough to warrant the assumption that he belonged to .the middle or upper stratum of society. The iron bangle on the wrist and a fifty (a diminutive turban worn by the Sikhs under the main turban to keep the knot of long hair in place) indicated that he was a Sikh, though there was no hair on his head. There were marks of scorching on the face, and the necktie shOWed signs of

EVIDENCE &(

having been partially· concluded that an aU dead body, and in thl been singed or destro) be ascertained. The Il the dead body was Sf This happened on : . The news of the gn time, sp~ead through men amved at the po the clothes recovered : men was Roop Singh, the other was Karam young son, Jaspal Sinl the clothes, he declare who had been missing So, the de-eeased bel family. The matter n of urgency, and frant ponsible for J aspal Sin next few days showed was superseded by an trict headquarters to Almost at once ever expected rapidity. The head of the Bl local chieftains, thoug ruling prince. The fa villages round Bharol before it was resumed considerable. In 195C importance, and its n and attention which local aristocrats. Tl

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.. By the resumption c land in the Punjab State

MAHATMA

EVIDENCE AiGAINST PALVINDER KAUR

there was always the Eectiort. Most hospital 1'to dissect a body and correct information reDr a life. depending on It to remember that for If life and death. And ble than that of a mere ~rved to be hanged for offence with which he j

~ribed by' the Civil Sur·" this was the way th« ·no sense of guilt or innd post-mortem ex:ami-

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ietting a sweeper do the lcommon, is not usual, ninations are conducteel ~. I nave no doubt that ·:!Covered from the steel : the job to anyone else. ·l satisfactory, and in the y on the victim's person to insist, or, at any rate, ; viscera and the internal available after the postle clothes of the deceas~ quality of the material assumption that he be:tratum of society. The ~ty (a diminutive turban lain turban to keep the lted that he was a Sikh, lead. There were marks necktie shOWed signs 6f

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103

having been partially burnt. From this the police officer concluded that an attempt had been made to burn the dead body, and in the process the hair of the head had been singed or destroyed. The cause of death could not be ascertained. The necessary records were prepared, and the dead body was sent away to be cremated. This happened on March 12. . The news of the gruesome discovery had, in the meantIme, spread through the district, and on March 14 two men arrived at the police station and asked to be shown the clothes recov~red from the dead body. One of these men was Roop Smgh, the son of the Chief of Bharoli, and the other was Karam Chand, a servant of Roop Singh's young son, J aspal Singh. As soon as Karam Chand saw the clothes, he declared that they belonged to his master who had been missing for more than a month. S,;, the deceased belonged to a very rich and important famIly. The matter now immediately acquired the virtue of u~gency, and frantic efforts to trace the persons responSIble for Jaspal Singh's death were started. When the next few days showed no progress, the local Sub-Inspector w~ superseded by an Inspector specially sent from distnct headquarters to handle the investigation. Almost at once events began to move forward with unexpected rapidity. The head of the Bharoli family is counted among the loc~l chi~ftains, though he has never had the status of a ruhng prmce. The family estate consisted of a block of villages round Bharoli, and the income from the estate befo~e it was resumed by the Government in 1957* was ~nsIderable. In 1950 the family enjoyed a great deal of Importanc~, and i.ts members were accorded the respect and attentIOn whIch are usually considered the due of local aristocrats. The head of the family was Sardar

. * By

the resumption of Jagirs Act all grants of revenue-free land in the Punjab State were resumed by the Government.

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Bahadur Bhagwant Singh, an Honorary Magistrate, who managed his affairs with a strong and capable hand. His second son, Roop Singh, lived at Bharoli, looked after the family estate and received a share of the revenue. The grandson. Jaspal Singh, a good-looking young man of 25. lacked the dignity and bearing of his aristocratic forbears, and conducted himself as the spoilt child of rich parents. He felt that he was entitled to receive more from life than he was obliged to contribute towards it. He could not settle down to any kind of serious work, and his parents thinking that the responsibilities of looking after a wife and family would have a steadying influence on the young idler, arranged a marriage. The bride they chose was an attractive girl of 17, the daughter o;f a high police officer of Patiala State and the granddaughter of a rich land-owner who had held office as the State Minister for Revenue. The bride's family was, therefore, in every way as respectable and important as the Bharoli chieftains, and Palvinder Kaur herself was a tall and slim Punjabi with a fail: complexion and attractive features. It was noticed that her eyes were particularly remarkable, being large and framed by long eyelashes. She had gone to a good school and had passed the matriculation examination. She was, therefore, in all respects a fit wife for young Jaspal. The marriage was performed in 1945, and the couple took up their residence .jn the Bharoli house at Ambala. Within a year Palvinder Kaur gave birth to a son, and three years later a daughter arrived. These events augured well for the young people, and it was hoped that J aspal would mend his irresponsible ways and take his rightful place in the family. But there were indications that Palvinder Kaur might prove a disintegrating rather than a consolidating force. She was conscious of her good looks, and she soon became aware of her husband's weak character. Jaspal's relations with his father and grandfather became strained,

. EVIDENCE AG

and she was considerc duct and his idle habit giving him the guidan was more engrossed il children. Mohinderpa father's side. had come Mohinderpal had play up as constant compa as an innocent boy ar emotional attachment even rumours that the less relationship. Cre the fact that when Me his studies, Palvirtder in the same house as young scion of Bharc ging tongues, but very renewed activity. When the partition Mohinderpal was fore he sought to rehabilitl unrewarding months post of store-keeper i edgreat concern for J ed him to get a job. ber of the family, ane same house. Very ~ Mohinderpal's interes so altruistic nor so in pear. There were tri~ asked to leave and 1 residence. He began to live it] to visit his cousin, ali he spent most of hi~ the evening and some pal's house. The re

:! MAHATMA

· 'norary Magistrate, who , : and capable hand. His It Bharoli, looked after l share of the revenue. Dod-looking young man aring of his aristocratic s the spoilt child of rich · ntitled to receive more ) contribute towards it. f kind of serious work, responsibilities of look· ld have a steadying in• mged a marriage. The : girl of 17, the daughter La State and the grand· La had held office as the ,re, in every way as resBharoli chieftains, and 1 and slim Punjabi with features. It was noticed ',remarkable, being large She had gone to a good triculation examination. :ts a fit wife for young ,)rmed in 1945, and the in the Bharoli house at er Kaur gave birth to a .ughterarrived. These : people, and it was hopirresponsible ways and nily. ,t Palvinder Kaur might n a consolidating force. (ooks, and she soon bereak character. Jaspal's dfather became strained,

. EVIDENCE AGAINST PALVINDER KAUR

lOS

and she was considered responsible for his unfilial cond?~t an~ his idle ~abits. It was thought that she was Dot gIVIng hIm the gUIdance and support a wife should and w~ more engr?SSed in h~rseIf than in her husband and children. Mohmderpal Smgh, a young cousin 'from her father's side. had come to live wi,th them. Palvinder and Mohinderpal had played together as children and grown up as constant companions. The affection which began as an innocent boy and girl friendship developed into an emotional attachment as the years went by. There were even rumours that the friendship was no longer a guiltless relationship. Credence was lent to. this gossip by the fact that when Mohinderpal went to Lahore to pursue his studies, Palvinder Kaur often went there and stayed in the same house as her cousin. Her marriage to the young scion of Bharoli did, for a time, silence the wagging tongues, but very soon they found fresh material for renewed activity. When the partition 6f the Punjab took place in 1947. MohinderpaI was forced to migrate to East Punjab, and he sought to rehabilitate himself at Amhala. Mter a few unrewarding months of unemployment, he obtained the post of store-keeper in a refugee camp. He even showedgreat concern for JaspaI's lack of occupation and helped him to get a job. Mohinderpal was treated as a member of the family, and was asked to come and live in the same house. Very soon, however, Jaspal noticed that Mohinderpa1'8 interest in him and his wife was neither so altruistic nor so innocent as he wished to make it appear. There were triangular scenes, and MohinderpM was asked to leave and make his own arrangements for his. residence. He began to live in a separate house, but he continued to visit his cousin, and whenever Jaspal went out of town he spent most of his time with her, staying till late in the evening and sometimes" even passing the night in J aspal's house. The relationship between the cousins was;

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THE M;URDER OF THE MAHATMA

openly amorous, and the servants often overheard them exchanging remarks with a double entendre and laughing at each other's obscene jokes. They would, in utter disregard of propriety, lie down on the same bed. . The crisis was brought about by a financial transaction about a motor-car which Mohinderpal and Jaspal purchased in partnership. Mohinderpal had conducted the deal, and he was tOo sell the motor at a profit and. share the proceeds with Jaspal. Mobinderpal demanded from Jaspal his share of the initial outlay, and Jaspal, who had been working up venom in secret, now gave vent tq his bottled-up sentiments. He told Mohinderpal that hecOould reimburse himself when the motor-car was sold and also hand over his (Jaspal's) share of the profit. This led to a heated argument between the two men, and when Palvinder intervened on behalf of her cousin, J aspal flew at her in a rage and slapped her hard across the face. At the same time he told Mohinderpal not tOo set foot in his house again. A few days after this incident, Jaspal's father paid a visit to Ambala and went to enquire about his son and grandchildren. Jaspal was not at home, and the servant told him that he had gone to the law court in connection with a case. Roop Singh handed some money to the servant with a direction that it should be given to Jaspal as soon as he retumedhome, adding that he would come back iIi. the evening after attending to the business which had brought him to Ambala. When Roop Singh returned in the evening, he was told that J aspal was still out. The next morning he again enquired after his sOon, and Mohinderpal told him that he had gone to Amritsar to buy a gun. He explained that this information had been conveyed to him by a refugee who. had met Jaspal the previous day. Since Jaspal was a keen hunter, the story told by Mohinderpal occasioned no surprise and Roop Singh thought no more about the matter. The next day he returned to Bharoli.

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A few days later he I pal had not yet returl and when he commente ventured a surmise that pore for a shoot. He magistrate posted at ] Jaspal and an enthusi, to telephone Ferozepor later Mohinderpal aga t4at he had made a 1 learnt that a handson arrived at Mann's hOUl on tour, he had taken sured once again, Roo week, later he paid a t still away, and his lOon; xiety to the father. M fears by suggesting thl to Delhi, and really, t Roop Singh, however, to Ferozepore and saw pal had never come t( out Oon tour with him him from Ambala to e Roop .Singh: went t( hotels where J aspal wo quest yielded no infon abouts. Feeling now ( advertisement in an U to I;eturn home, at on causing distress to his ~ vertisement, printed in . March 8, 1950, brough the news of the grueso used well near Chhat J aspal's servant, Karan

EVIDENCE AGAINST PALVINDER KAVR

: MAHATMA

; often overheard them i I entendre and laughing ley would, in utter dishe same bed. . T a financial transaction lerpal and I aspal purpal had conducted the Ir at a profit and. share , lderpal demanded from ~y, and Iaspal, who had , now gave vent tq his · Jhinderpal that he could i :-car was sold and also · the profit. This led to vo men, and when Pal· r cousin, J aspal flew at cd across the face. At il not to set foot in his Jaspal's father paid a .' uire about his son and :: home; and the servant law court in connection some money to the sermId be given to I aspal Iing that he would come 19 to the business which hen Roop Singh returnlat J aspal was still out. dred after his son, and ld gone to Amritsar to is information had been 'ho. had met Jaspal the l. keen hunter, the story no surprise and Roop : matter. The next day

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A few days later he paid another visit to Ambala. Jaspal had not yet returned from his shopping expedition. and when he commented on his long absence Mohinderpal ventured a surmise that Jaspal might have gone to Ferozepore for a shoot. He said that Gurdial Singh Mann, a magistrate posted at Ferozepore, was a great friend of I aspal and an enthusiastic shikari. Mohinderpal offered to telephone Ferozepore and make certain. A few hours later Mohinderpal again saw Roop Singh and told him that he had made a trunk call to Ferozepore and had learnt that a handsome' young man from Ambala had arrived at Mann's house, and, since Mann was going out on tour, he. had taken the young man with him. Reassured once again, Roop Singh went back to Bharoli. A week, later he paid a third visit to Ambala. J aspal was still away, and his long absence now began to cause anxiety to the father. Mohinderpal tried to a~lay his vague fears by suggesting that J aspal might have made a trip td Delhi, and really, there was nothing to worry about. Roop Singh, however, was not satisfied, and he travelled to Ferozepore and saw Mann. Mann told him that Iaspal had never come to him, and he had not taken him out on tour with him. Nor had anyone telephoned to him from Ambala to enquire about Jaspal. . Roop .Singh: went to Delhi and visited a number of hotels where Jaspal would be most likely to stay, but the quest yielded no information' about Jaspal or his whereabouts. Feeling now completely helpless, he inserted an advertisement in an Urdu. newspaPer requesting his son to J;eturn home, at once, as his continued absence was causing distress to his young wife and children. This advertisement, printed in the issue of The Daily Milap dated March 8, 1950, brought no response, but a few days later the news of the gruesome find from the bottom of. a disused well near ehhat reached Roop Singh, and taking Jaspal's servant, Karam Chand, with him, he went to the

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fence punishable u

police station and asked to be shown the clothes recovered from the dead body. The trial of Palvinder Kaur for the murder of her husband commenced on January 8, 1951, in the court of Mr. Bedi, Sessions Judge, Ambala (now Mr. Justice Bedi and a colleague of mine). The investigation had been somewhat delayed by the fact that Mohinderpal had disappeared and all attempts to find him and charge him at the same time as Palvinder Kaur had proved unsuccessful. He had absconded and nobody knew of his whereabouts. Finally, it was decided not to wait for his arrest, and place Palvinder Kaur alone on trial. The case had every element of the sensational. The victim was a well-known member of a rich and influential family of landlords who found mention in the catalogues of ruling princes and chiefs of the Punjab State; the accused was a young and attractive woman also belonging to a wealthy and important family; the motive alleged was frustrated love which had taken birth in childhood days and endured through the years. The court-room of the Sessions Judge was crowded to overflowing, and all eyes were turned on the slim and handsome figure standing in the dock and listening to the charge as it was read out by the judge: . . . charge you, Palvinder Kaur, firstly that you, together with Mohinderpal Singh on or about the 6th day of February, 1950, did commit murder by intentionally causing the death of your husband, Jaspal Singh. by administering to him a deadly poison, to wit, potassium cyanide, and thereby committed an offence punishable under section 302 of the Indian Penal Code ... and secondly you, Palvinder Kaur, together with Mohinderpal Singh, destroyed the evidence of this murder by concealing the dead body of J aspal Singh deceased, and throwing it into a disused well, on or about 16th day of February 1950, and thereby committed an of-

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The accused pleal and the case was 6p trial lasted twenty-t" called by the State. of the leading crimin! every aspect of the main witnesses to a der Kaur's expressiol to hour, and though throughout the pro< manifested a variety registered in turn in: seductive charm. P, ultimate deciding f~ four hard-boiled ass the judge at the tria The first witness v to the fact that Me: justice and all attemI court then adjourne, and counsel on both ceased had lived ar the refugee camp wh had been kept for a and thrown into· the well on the mound around and the type and concealed the " passer-by. When the hearing the doctor who had. tion was called. H the prosecution, ane fence counsel began the duties of a doctc

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EVIDENCE AGAINST PALVINDER KAUR

MAHATMA

109

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; )wn the clothes recover. the murder of her hus951, in the court of Mr. 'W Mr. Justice Bedi and '. :igation had been some. tinderpal had disappearand charge him at the ld proved unsuccessful. Ilew of his whereabouts. for his arrest, and place :'f the sensational. The of a rich and influential ention in the catalogues e Punjab State; the ac: woman also belonging illy; the motive alleged tken birth in childhood ,s. The court-room of the verflowing, and all eyes ndsome figure standing large as it was read out ;ur, firstly that you, to1 on or about the 6th mmit murder by intene husbaI1d, J aspal Singh. ly poison, to wit, potaslitted an offence punishldian Penal Code . . • :aur, together with Mo.evidence of this murder , J aspal Singh deceased. well, on or about 16th :reby committed an of-

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fence punishable under section 201 of the Indian Penal Code.•.. The accused pleaded not guilty to both the charges and the case was opened by the Public Prosecutor. The trial lasted twenty-two days. Thirty-eight witnesses were called by the State. The accused was represented by one of the leading criminal lawyers of the Punjab who attacked every aspect of the prosecution case, and subjected the main witnesses to a gruelling cross-examination. Pal0nder Kaur's expression changed from day to day and hour to hour, and though she retained complete self-possession throughout the proceedings, her large long-lashed eyes manifested a variety of sentiments and her handsome -face registered in tum injured innocence, righteous anger and seductive charm. Perhaps it was this last which was the' ultimate deciding factor in forming the opinion of the four hard-boiled assessors from the villages who assisted the judge at the trial. The first witness was a policeman who merely deposed to the fact that Mohinderpal Singh was a fugitive from justice and all attempts to apprehend him had failed. The court then adjourned to enable the judge, the assessors and counsel on both sides to see the house where the de~ ceased had lived and met his death, the store-room in the refugee camp where the box containing the dead body had been kept for a few days before it was taken away and thrown into the well. A visit was also paid to the well on the mound to see the nature of the countryside around and the type of bushes which grew on the mound and concealed the well from the observation of a casual passer-by. When the hearing was resumed on the following day, the doctor who had conducted the post-mortem examination was called. His evidence was not very helpful to the prosecution, and he cut a sorry figure when the defence counsel began to badger him with questions about the duties of a doctor and the correct manner of perform-

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THE MURDER OF THE MAHATMA

ing an autopsy. What emerged from his evidence was no more than what has been stated already. There were no positive post-mortem signs which could suggest poisoning. Potassium cyanide, being a corrosive poison, should have produced hyperaemia, softening and ulceration. of the gastro~intestinal tract;· it should have corroded the lIps and mouth of the deceased. The doctor's report was completely silent on these matters. Ergo, it must be assumed that no traces of corrosion were noticed and none were present.. Thus the cause of death could not be determined. There followed a few formal witnesses. The defence did not seriously challenge the identification of the clothes recovered from the dead body nOr that the dead body was, in fact, that of Jaspal Singh. Then came Lachhmi. the maid-servant, who was employed by the deceased to look after the children and do odd jobs in the house. She deposed to the events of February 6. Her story was that on that day Jaspal Singh went out in the morning to pay a visit to the courts and returned home at noon. He took his midday meal and retired to his room .. A little later 'Palvinder Kaur asked me to take the children to the bazaar and buy sweets for the boy and bring some betel leaves and nuts for her'. Another ·servant, Karam Chand, had already been sent out on some errand, and when Lachhmi left the house the only persons present were the deceased, his wife and her cousin, Mohinderpal. When she came back after making her purchases, she found Palvinder and Mohinderpal standing at the outer door. Palvinder Kaur told her that hcr husband had quarrelled with her and left the house abruptly after ta~­ ing with him all the cash and ornaments he could lay hiS hands on. Bibi [Palvinder Kaur] asked me to sit outside and watch for the Sardar [Jaspal Singh]. Mohinderpal Singh and Bibi then went in and chained the door from inside. An hour or so later they unchained the door

EVIDENCE AG,

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and came out. The told us that J aspal S a gun. Later we we. pore, Patiala and p jeep brought two S~ the kitchen. MohiD door from outside, b1 him unlock a door t large steel trunk witl took it out of the he was then driven aw the trunk contained camp store and I ~ anyone. She said i have me sent to ga The defence counse unusual features of tt ness stood the cross-e: Evidence 'was next : Mohinderpal had sen1 tity of potassium :yar loping photographic ii sel put only a few ql chemist and to the c~ that these witnesses I Kaur in the procurem on behalf of Mohinde to divert attention by on the absconding m. Three witnesses na! trunk was taken .fron the store in the reful and then transported well. The story told derpal had called th( box. Palvinder Kau but she had said no

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EVIDENCE AGAINST PALVINDER KAUR

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. : f rom h'IS eVIdence was

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• !d already. There were ch could suggest poisoncorrosive poison, should ~ning and ulceration of j have corroded the lips 10ctor's report was com~rgo, it must be assum~ noticed and none were ~ould not be determined. witnesses. The defence ntification of the clothes .01' that the dead body Then came Lachhmi. yed by the deceased to I jobs in the house. She 6. Her story was that t in the morning to pay j. home at noon. He I to his room. A little to take the children to Ie boy and bring some ~notherservant, Karam It on some' errand, and e only persons present ~r cousin, Mohinderpal. :mg her purchases, she I standing at the outer that h.er husband had :mse a~ruptIy after takaments he could lay his

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me to sit outside and Singh]. Mohinderpal ! chained the door from ey unchained the door

I

and came out. The next morning Mohinderpal Singh told us that J aspal Singh hac gone to Amritsar to buy a gun. Later we were told that he had gone to Feroze.. pore, Patiala and Delhi. About ten days after this a jeep brought two Sikhs to the house. I was working in ilie kitchen. Mohinderpal Singh chained ilie kitchen d?or from outside, but looking through a window, I saw him unlock a door beyond the kitchen and carry out a large steel trunk with the help of the two Sikhs. They took it out o~ the house and p,Iaced it in the jeep which was then df!ven away. Palvmder Kaur told me that the trunk contained articles pilfered from the refugee camp store and I should not speak of the matter to anyone. She said if I disclosed her secret, she would have me sent to gaol. The defence counsel confined his attack to one or two unusual features of this story, but on the whole the witness stood the cross-examination well. EvidenCe 'was next led to prove that a few days earlier Mohinderpal had sent a camp employee to buy a quantity of potassium cyanide from a chemist for use in developing photographic films and prints. The defence counsel put only a few questions in cross-examination to the chemist and to the camp employee. and stressed the fact iliat these witnesses had attributed no part to Palvinder Kaur in the procurement of the poison. He held no brief on behalf of Mohinderpal Singh, and it was good strategy to divert attention by throwing the spotlight of suspicion on the absconding man. Three witnesses narrated the manner in which the steel trunk was taken .from the residential house in Ambala to the store in fue refugee camp, kept there for a few days and then transported to the mound and thrown into the well. The story told by these witnesses was that Mohinderpal had called them to assist him in disposing of the box. Palvinder Kaur had been present on each occasion, but she had said nothing. The witnesses had noticed a

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THE MURDER OF THE MAHATMA

strong unpleasant odour coming from the box and remarked upon it. Mohinderpal had laughed off the matter by saying that a rat must have entered the box and died inside it. They identified the box recovered from the well as the one which had been taken from the house to the store-room and from the store-room to the disused well. Karam Chand, the most important of these witnesses, was the one who had remained in the jeep up to the end (the two Sikhs from the camp had been left behind), and he said that when the box was thrown into tho well Palvinder Kaur· fired two shots from her gun to drown the noise of the box hitting the bottom of the well and making it appear to any possible passer-by that the party had come out in the jeep to shoot pigeons. Karam Chand went on to say that when he mentioned the foul odour a second time at the well, Palvinder Kaur told him to keep the whole thing to himself as the box contained a dead body and the lives of four persons depended on his remaining discreet. The four persons she meant were probably herself, her two children and her lover Mohinderpal. The defence vehemently attacked the credibility of these witnesses, and brought out enough material to cast a grave doubt on some parts at least of their story. It was shown ~hat they did not appear before the police till a late stage of the investigation, and the statements they first made to the police differed in several respects from the evidence given in court. The final story as narrated at the trial was so much more elaborate and contained so much additional matter as to convey the impression of the witnesses having been tutored and made to recite prepared statements. The prosecution argued that the witnesses had been tampered with and bribed to prevaricate at the trial, so that their evidence should weaken the case against the prisoners. On either hypothesis the statements of these witnesses could not be relied upon implicitly.

SO far, the prosecu1 ing anything more th prejudice around Pal were believed in its er Mohinderpalonly. F the knowledge of thl of participation in it. grandfather of the d in examination~in-chi

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On the 11th or Singh, told me th him that she and Singh. I went wi vinder Kaur myool administered by tl at once. Upon n had been procure( of the camp. Aft the police. The defence COUl made tentative sug~ mention of Palvind{ to the police. The statement whatever his omitting anythit did, however, contll on April 14. The next witness ed. He described • J aspal had gone tc days later that he 1 to narrate the stO] Ferozepore and De in The Daily Milap by Karam Chand, I most important pal

" MAHATMA

from the box and re, d laughed off the mat'e entered the box and le box recovered from 11 taken from the house >re-room to the disused • mportant of these wit, lined in the jeep up to :amp had been left beox was thrown into the hots from her gun to the bottom of the well ;ible passer-by that the shoot pigeons. Karam he mentioned the foul t, Palvinder Kaur told imself as the box con, four persons depended our persons she meant :hildren and her lover

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t the credibility of these

material to cast a grave ir story. It was shown ,~ police till a late stage :ments they first made JeCts from the evidence .s narrated at the trial contained so much adimpression of the wit:ade to recite prepared led that the witnesses ::d to prevaricate at the '¥eaken the case against lesis the statements of I upon implicitly.

EVIDENCE AGAINST PALVINDIiR KAUR

113

So far, the prosecution had not succeeded in establishing anything more than an atmosphere of suspicion and prejudice around Palvinder KaJlr. Even if the evidence were believed in its entirety, there was a good case against Mohinderpal only. Palvinder Kaur could be credited with the knowledge of the crime, but not with any measure of participation in it. On the eighth day of the trial, the grandfather of the deceased was called. His statement in examination-in-chief was very brief: On the 11th or 12th of April, 1950, my son, Roop Singh, told me that Palvinder Kaur had admitted to him that she and Mohinderpal had poisoned Jaspal Singh. I went with Roop Singh and questioned Pal· vinder Kaur myself. She replied that poison had been administered by them and that Jaspal Singh had died at once. Upon my enquiry, she said that the poison had been proCured from Ambala through an employee of the, camp. After this I sent my son, Roop Singh, to the police. The defence counsel treated the old man gently and made tentative suggestions that he had omitted to make mention of Palvinder Kaur's confession ill his statement to the police. The witness replied that he had made no statement whatever to the police. and so the question of his omitting anything did not arise. The police diaries did, however, contain a statement made by the witness on April 14. The next witness was Roop Singh, father of the deceased. He described how, Mohinderpal had told him that Jaspal had gone to Amritsar to buy a gun, and a few days later that he had gone to Ferozepore. He went on to narrate the story of the enquiries he had made at Ferozepore and Delhi. He mentioned the advertisement in The Daily Milap, the identification of his son's clothes by Karam Chand, domestic servant. And then came the most important part of his deposition:

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I made enquiries from Palvinder Kaur.

She confessed to me that she and MohinderpaI Singh had administered poison to Jaspal Singh and that they had committed a mistake. I told my father that Palvinder Kaur had confessed her guilt. My father accompanied me and he also questioned Palvinder Kaur. Palvinder Kaur repeated what she had said to me. She ~dded that the poison had been obtained from Ambala through a camp employee. I went to Patiala and told the Inspector of Police that Palvinder Kaur had confessed. The next day the police came to Bharoli and took Palvinder Kaur away. Roop Singh's evidence suffered from the same infirmities as that of his father, Bhagwant Singh. His statement in the police diaries differed in material particulars from his statement in court, and it was somewhat difficult to believe that Palvinder Kaur should have been so ill-advised as to make a gratuitous confession of her guilt, when up to that stage nothing that implicated her had been discovered by the police. What could have possessed her to take this suicidal step? Roop Singh denied that he had held out any inducement or threat to her, and he could give no reason why Palvinder Kaur .had confessed to him. The story of the manner in which this very important piece of evidence fell into the hands of the police lacked conviction, but the conduct of criminals is not infrequently marked by a surprising degree of unreason, and anything may happen when the mind is subjected to the stress of a guilty conscience. So it was not wholly unbelievable that Palvinder Kaur had chosen to take this seemingly senseless step to relieve the burden of her mind. But much less surprising was the statement which Palvinder Kaur made to the magistrate before whom she was produced by the.police on April 15, the day she was taken mto custody on the basis of the information given by Roop Singh. This statement was proved at the trial, and the Public Prosecutor argued most vehemently that it plac-

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ed Palvinder Kaur's ! ment or confession,l was in the following 1 My husband J as: photography. He he shot, and also i took. One day in my cousin, Mohinc rials needed for dl Mohinderpal in tu: of Baldev Nagar 4 nam Singh came b only be supplied 1 Mohinderpal told J Harnam Singh brc I kept it with me. solved it in water I the bottle in a CUI My husband Wi days and while h When he came b ailment. One da dicine in the cup~ rial had been fOI I was sitting where his medicil board inside. H wrong medicine. was standing nel fallen.' I ran ir died in a few n told him what h had just arriyed Singh's relatlOns so I did not tell pal and I put t1 trunk remained

B MAHATMA

tder Kaur. She confess:rrpaI Singh had adminiand that they had comther that Palvinder Kaur ~ather accompanied me der Kaur. Palvinder laId to me. She added · xl f!om Ambala through · Pahala and told the Iner Kaur had confessed. e to Bharoli and took

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· fr~m the same infirmiIt Smgh. His statement laterial particulars from · lS somewhat difficult to :I ~ave been so ill-advisssI~n of her guilt, when lphcated her had been ·oul~ have possessed her ,) SIngh denied that he · threat to her, and he I~r Kaur had confessed · In which this very imthe hand~
EVIDENCE AGAINST PALVINDER KAUR

US

ed Palvinder Kaur's guilt beyond all doubt. The statement or confession, as it was subsequently referred to was in the following terms: • My husband JaspaI Singh was fond of hunting and photography. He began curing the skins of animals he shot, and also started washing the photographs he took. One day in December 1949, Jaspal Singh asked my cousin, Mohinderpal, to obtain the chemical mate~ rials needed for developing and washing photographs. Mohinderpal in turn asked Harnam Singh, head clerk of Baldev Nagar Camp, to bring the chemical. Harnam Singh came back and said that the chemical couid only be supplied to a responsible: government official. Mohinderpal told him to use his (Mohinderpal's) name; Harnam Singh brought the material and gave it to me. I kept it with me. As the chemical was sticky, I dissolved it in water and put it in a small bottle and placed the bottle in a cupboard. My husband went out on a shoot for two or three days and while he was away he contracted diarrhoea. When he came back he sent for medicine to cure his ailment. One day I put the bottle containing his medicine in the cupboard in which the: photographic material had been formerly placed. I was sitting outside and Jaspal Singh asked me where his medicine was. I told him it was in the cupboard inside. He went in, and by mistake, took the wrong medicine. He fell down and my little son who was standing near him called out 'Mamma, Papa has fallen.' I ran in and saw that he was in agony. He died in a few moments. I went to Mohinderpal and told him what had happened. He said Jaspal's father had just arrived and that we should inform him. Roop Singh's relations with his son and me were not good, so I did not tell him anything. Out of fear Mohinderpal and I put the dead body into a steel trunk. The trunk remained in our house for four or five days. I

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THE MURDER OF THE MAHATMA

told Mohinderpal that if he did not help me, I would be hanged. He removed the trunk with the help of my servants and took it away in a jeep to Baldev Nagar Camp where it was kept for eight or ten days. Then I went to the camp and had the trunk loaded in the jeep, and going with Mohinderpal, threw it in a well n~ar Chhat. I do not remember the date when Jasp~ Smgh took the wrong medicine. It was perhaps in January. It is scarcely ne--...essary to comment on this strange statement which was at Qnce exculpatory and inculpat011:" The d~ath of Jaspal Singh was attrib~ted to an a'&Cldental mIstake, but the manner in which the dead bOdy was disposed of was clearly indicative of an acute sense of guilt. How much of her statement was true? .And if truth were interlocked with falsehood, could the statement be used against its maker? Palvinder Kaur completely retracted her statement, and at the trial she pleaded that sh~ had been compelled by the police to make it. The statement, she added was false and bore no relation to the actual facts. So' in the fimil analysis what did the statement prove? ' , I suspect that Palvinder Kaur's good looks were the most telling piece of evidence against her, at least, as far as the four hide-bound assessors were concerned. They considered themselves guardians of public morals and .upholders. of rural traditions, and gave a unanimous v~rdlct ?f gu.Il~y. The judge was not bound to. agree with theIr opmIOn, or act upon it, but after considering the matter from all aspects he held Palvinder Kaur guilty of the murder of her husband and awarded her a sentence of imprisonment for life. He abstained from inflicting th~ capital sentence because of her sex and youth. Or was It because of a lurking doubt. regarding the insufficiency and inadequacy of the evidence produced against her?

EVIDENCE AG,

An appeal was at ( Mr. J aigopal Sethi, the 1 ern India, was briefed appeal was heard by t Bhandari) and Mr. Ju his client's case with 1 At the outset he conte: nation by the trial COUI she be sent for from pI ber of matters which prayer was granted, aI the Division Bench. Sethi were put to her, case any further. The vantage of seeing the 2 hu demeanour from ( Mr. Sethi continued piece of evidence, ton protested, had been f~ presumption that a l tracted an adulterous had been heavily load she had been convic' warrant the convictic charge. As for the s more than a piece of poor harassed woma everyone against her. cepted as true-did t~ admission of any guil And so on. The al The judges took tiI some weeks later the a little surprise. The ment (Mr. Justice &: no evidence to prove ' der Kaur. The testi

; MAHATMA

, 1 not help me, I would runk with the help of 11 a jeep to Baldev Naeight or ten days. Then o.e trunk loaded in the pal, threw it in a well r the date when Jaspal ,e. It was perhaps in

!

ament on this strange :uIpatory and incuIpawas attributed to. an ler in which' the dead . indicative of an acute :r statement was true? h falsehood, -could the ker? Palvinder Kaur ~, and at the trial she 'elled by the police to i:d, was false and bore ), in the final analysis,

good looks were the ,ainst her, at least, as 'ssors were concerned. ians of public morals md gave a unanimous ; not bound to agree but after considering Palvinder Kaur guilty d awarded her a senIe abstained from in"of her sex and youth. doubt. regarding the lie evidence produced

EVIDENCE AGAINST PALVINDER KAUR

117

An appeal was at once filed in the High Court and Mr. JaigopaI Sethi, the leading criminal advocate of Northern India, was briefed on behalf of PaIvinder Kaur. The appeal was heard by the then Chief Justice (Mr. Justice Bhandari) and Mr. Justice Soni, and Mr. Sethi argued his client's case with his usual gusto and masterly skill. At the outset he contended that Palvinder Kaur's examination by the trial court was incomplete. He prayed-that she be sent for from prison and questioned about a number of matters which had not been put to her. This prayer was granted, and Palvinder Kaur appeared before the Division Bench. Some questions suggested by Mr. Sethi were put to her, but her answers did not carry the case any further. The judges did, however, have the advantage of seeing the attractive wrong-doer and observing her demeanour from close quarters. Mr. Sethi continued his' arguments, and, taking up each piece of evidence, tore it to shreds. The entire case, he protested, had been fabricated and built round the false presumption that a handsome young woman had contracted an adulterous liaison with her cousin. The dice had been heavily loaded against her from the start, and she had been convicted on material which would not warrant the conviction of a person upon the smallest charge. As for the so-called confession, it was nothing more than a piece of fiction put into the mouth of the poor harassed woman whose good looks· had turned everyone against her. In any case, what-if it were acCepted as true-did the confession prove? There was no admission of any guilt or crime. . . . And so on. The arguments continued for several days. The judges took time to consider the matter and when some weeks later the result was announced it caused not a little surprise. The Chief Justice who wrote the judgment (Mr. Justice 80ni concurring)· held' that there was no evidence to prove the charge of murder against Palvinder Kaur. The testimony of the maid-servlUlt and the

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THE MURDER OF THE MAHATMA

three men-servants who claimed to have carried out the trunk CQIltaining the dead body and helped to throw it into the well was only partially true. The confessional statement of Palvinder Kaur, too, contained nothing on which a charge of murder could be based. But it was clearly indicative of guilty knowledge and described the manner in which Palvinder Kaur had assisted the actual mutderer in disposing of the dead body. She had, no doubt, ascribed Jaspal Singh's death to an accident, but that part of her statement was obviously false and could be separated from the rest which was clearly inculpatory. So she could be convicted upon the charge of concealing and destroying the evidence of murder. This is how his Lordship set out his conclusions: To sum up it may be stated that Palvinder Kaur and Mohinderpal Singh were carrying on with each other, that although the deceased witnessed, with patience, the intimacy between his wife and her paramour, there was at least one occasion on which there was· a scene and the deceased was compelled to tell his wife. to give up her cousin, and to forbid him from entering the house, that Mohinderpal Singh appears to have had a motive to eliminate the deceased, that he purchased a quantity of a deadly poison for the ostensible object of using it in connection with developing photographs, that this poison deliberately or otherwise found its way into the house of Palvinder Kaur, that the poison was administered to the deceased either by Palvinder Kaur, or by Mohinderpal Singh or both, that shortly before (or may be shortly after) the poison had been administered both Karam Chand and Lachhmi were sent away from the house on one pretext or the other, that in their absence from the premises the body of the deceased was doubled up and thrust into the trunk, that both Palvinder Kaur and Mohinderpal Singh gave it out that the deceased had quarrelled with his wife. had taken away

cash and ornaments house, that on the foIl said that the deceast chasing a gun, that t Palvinder Kaur, that vinder Kaur told her the fact to' anyone tlJ longing to the Camp, Singh and Palvinder . with the object of reI was taken to Chhat ~ Kaur twice fired her the sound of the hi villagers, that when the object of makinf abouts of his missin! that Jaspal Singh mi he made various 0 found to be false in deceased, that when after identifying the pal Singh took him : four individuals were Palvinder Kaur mad ted that she had in deceased by putting in the well. All thi she is guilty of an 0' of the Penal Code (I This long catalogue· seems to leave no do guilt, but many .o~ the who, in the opmlOn themselves with regan Chief Justice pointed ( in omnibus was not ( country witnesses oft

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EVIDENCE AGAINST PALVINDER KAUR

E MAHATMA

, to have carried out the and helped to throw it true. The confessional G, contained nothing on [ be based. But it was ledge and described the . had assisted the actual lad body. She had, no ~a~h to an accident, hut bVlOusly false and could was clearly inculpatory. :he charge of concealing . nurder. ut his conclusions: .:hat Palvinder Kaur and ing on with each other essed, with patience, th~ ler paramour, there was there was a scene and , tell his w.ife to give up rom enter111g the house, s to have had a motive ae. purch~sed a quantity tlslble object of using it photographs, that this ; found ,its way into the ~ poison was administerPalvinder Kaur, or by hat shortly before (or l had been administered oi were sent. away from other, that in their abdy of the deceased was :runk, that both Palvin~h gave it out that the s wife. had taken away

119

cash and ornaments and had gone away and left the hO!lse, that on the following morning Mohinderpal Singh said. that the deceased had gone to Amritsar for purchasmg a gun, that the same night when Lachhmi told P.alvinder Kaur, that the box had been taken away PalvIllder Kaur told her to hold her tongue and not disclose the fact to anyone that the trunk contained articles belonging to the Camp, that three days later Mohinderpal Si~gh and Palvinder Kaur went to Baldev Nagar Camp With the object of removing the box, that when the box was taken to Chhat and pushed into the well, Palvinder Kaur twice fired her gun with tlte object of preve1ting t~e sound of the box attracting the attention Of the VIllagers, that when Roop Singh went to Ambala with the· object of making enquiries in regard to the whereabouts of his missing son, Mohindei:pal Singh told him that JaspaI Singh might have gone to Ferozepore that he made various other statements which have been found to be false in regard to the whereabouts of the deceased, that when Karam Chand returned to Ambala after identifying the clothes of the deceased, Mohinderpal Singh took him aside and told him that the lives of four .individuals were in his hands, that on the 15th April Palvmder Kaur made a confession in which she admitted that she had in fact disposed of the body of the ?eceased by puttin~ it in the box and lat~r throwing it III t~e w~ll. All thiS leaves no doubt· in my mind that she IS guilty of an offence 'punishable under section 201 of the Penal Code (destroying the evidence of murder). This long catalogue of facts appears very impressive and seems to leave no doubt at all about Palvinder Kaur's guilt, ~ut many .o~ the facts were deposed to by witnesses who, III the :opmlOn of the Chief Justice, had perjured themselves WIth regard to several matters. Howevet the Chief Justice pointed out that the rule faISus in uno f~ . , In ommbus was not of universal application, and in this country witnesses often introduced a number of false-

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hoods at the behest of the prosecution or the defence or to serve a purpose of their own. so their evidence could not be rejected merely because it was in part exaggerated or untrue. The court accordingly convicted PaIvinder Kaur and sentenced her to seven years' rigorous imprisonment. The judges refused leave to appeal to the Supreme Court. but special leave was granted by the Supreme Court itself. and the matter was once more argued at great length. Mr. Sethi again represented Palvinder Kaur. He characterised the judgment of the High Court as erroneous and illogical inasmuch as Palvinder Kaur had been convicted of destroying the evidence of murder although there was no evidence of any murder having been co1i1mittedat all. Many other points were urged before thejr Lordships of the; Supreme Court, but this was the argument which ultimately prevailed with them. They observed: In our judgment, there is no evidence to establish affirmatively that the death of J aspal was caused by potassium cyanide, and that being so, the charge under section 201 I.P.C. must also fail. The High Court in reaching a oontrary conclusion not only acted on suspicions and conjectures but on inadmissible evidence. Their Lordships quoted the passage set out at the beginning, of this chapter from Baron Alderson's judgment in Regina v. Hodge, and pointed out that the doctor's eVidence negatived the allegation of Jaspal Singh's death having been caused by the administration of potassium -cyanide. They went on to say thatPalvinder Kaur's statement 'taken as a whole was of an exculpatory nature. It not only eXCUlpates her from the commission of an offence but also eXCUlpates Mohinderpal. It states that the death of Jaspal was accidental. The statement does not amount to a confession and is thus inadmissible in evidence:

1M:

Palvinder Kaur wa' liberty. There could 1 dence produced in the elusion. but the publk justice had not beP.n tl

IMPI KARTAR SINGH flash round him. 'So. none of you will ' of his voice fell upon 1 thunder bursting overhe! walls of the hut; 'Ungr 'you call yourselves men' They think you are del derers, dacoits. If they He stood up. and witl the charpoy on which hI right in the small court formipable aspect of aVl on the ground cowered 1 gesture he made. If any cords of their police-sta):i by the accuracy of the f( Kartar Singh, lambm chayat. Age 42, whea inch, left eye blind, sail in childhood, beard bl~ straight and well-brushe M.M.-S

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MAHATMA

:ion or the defence or to , heir evidence could not in part exaggerated or :d Palvinder Kaur and rigorous imprisonment . .1 to the Supreme Court. he Supreme Court itself• . argued at great length. 1der Kaur. : of the High Court as as Palvinder Kaur had 1e evidence of murder any murder having been oints were urged before . Court, but this was the .00 with them. They ob-

10 evidence to establish f Jaspal was caused by :ing so, the charge under iiI. The High Court in l not only acted on susinadmissible evidence. ':sage set out at the begin· l Alderson's judgment in lut that the doctor's eViof Jaspal Singh's death linistration of potassium atPalvinder Kaur's staten exculpatory nature. It commission of an offence , It states that the death atement does not amount lmissible in evidence.'

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Palvinder Kaur was accordingly acquitted and set at liberty. There could be no doubt at all that on the evidence produced in the case this was the only possible conclusion, but the public had a misgiving that the ends of justice had not beP-n truly served.

SIX IMPERFECT ALIBI· KARTAR SINGH flashed his angry eyes at the men sitting . round him. 'So, none of you will do it?' The deep stentorian roar of his voice fell upon the small assembly like a roll of thunder bursting overhead and reverberating alI round the walls of the hut: 'Ungrateful dogs!' he shouted at them. 'you call yourselves men? The villagers are afraid of you. They think you are desperate characters. robbers. murderers, dacoits. If they could only see you now!' He stood up, and with a jerk of his legs pushed back the charpoy on which he had. been sitting. -Standing upright in the small courtyard of' his hut, he presented, a formi!iable aspect of awe and power. The men sitting on the ground cowered before him and flinched at every gesture he made. If any of them had seen the police records of their police-station, they would have been struck by the accuracy of the following note: Kartar Singh, lambanlar, and member of village panchayat. Age 42, wheatish complexion, height 6 feet t inch, left eye blind, said to be the result of an accident in childhood, beard black with a few grey hairs, worn straight and well-brushed. Robust and well-built figure. M.M.-5

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THE MURDER OF THE MAHATMA

Walks with the slow swinging roll of a wrestler; talks loudly with energy and authority, in a deep thunderous voice; takes opium occasionally and alcohol frequently, knows Urdu; always wears a clean white mill-made sheet knotted tightly round his waist and falling loosely over his legs and feet, a white homespun shirt and a light green turban.

IMP

His complexion was da h~ndsome. He wore hi HiS dark bushy moustal ward in a roguish cur .:...... we:e dark brown with ; which rested on his chI when the eyes were full' were seen to be white a: The subject of this word-picture heaved his massive body years of age and had ser with an ease born of confidence and phys.ical strength. police records showed 1 Standing in front of each mail in tum, he hurled words of had been suspected of t contempt and abuse at him, as if he were lashing him with dacoity and one murdel a Whip. him from being prosecu 'Olanan Singh, don't come crawling again to me for prowomen and wore khaki ( tection when the police are chasing you. And you, Gurhe was still a child and I nam Singh, do you remember what happened after that to live with a man' who I dacoity in Veroke? Where did you hide your filthy, time of her husband. C stinking body for a whole week after? J oginder Singh, §al1lm and lived as a hal you incestuous dog, come to me again and say, "LambarHe himself had run awal dara, keep my gun, the policewalas have found out about earned his living by woi me!" And, as for you, Karnail Singh, will you come to dar after another. In b me again to have your mother raped? All of you come circumstances were favo here to eat and drink when the policewalas are after you He had corne to Karta with their great big stick to ram your behind, but when it his help in the matter of 1 ..... comes to .. .' been touched by the hur The door opened, and three men came in. One of them, had employed him as a f Karam Singh, was the trusted servant of Kartar Singh and He had provided him evil had been in his service for over two years now. The other had accepted. Karam Sin two were strangers to Kartar Singh, but, since they were of his best, in service and ushered in by Karam Singh, he stopped short in his . ter also realised his true .., vituperation and bade them a smiling welcome. position of a mere servan Karam Singh was no ordinary man. Though he Karam Singh came to n occupied the humble status of a village menial and had rapidly increasing measu: been born in a low-caste family, he was, in appearance The two men were in and reputation, quite as remarkable as his master. Tall. and yet each pl'Ovided a Kartar Singh had the di! just a shade under 'six feet, and well-built, he possessed a and a sarpanch; Karam S hard muscular body, completely free from adipose tissue.

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: roll of a wrestler: talks . .y, in a deep thunderous . and alcohol frequently, an white mill-made sheet and falling loosely ~ver lespun shirt and a 11ght ~ heaved his massive body

e and physical strength. tum he hurled words of he ";ere lashing him with 1I'1ing again to me for proing you. And you, Gur~ Nhat happened after that id you hide your filthy, lc after? Joginder Singh, again and say, "Lambar~ lias have found out about 1 Singh, will you come to raped? All of you come policewalas are after yo~ 1 your behind, but when 1t len came in. One of them, ervant of Kartar Singh and two years noW. The other ~ingh,but, since they we~e he stopped short in hIS smiling welcome. iinary man. Though he t a village menial and had lily, he was, in appearance rkable as his master. Tall, d well-built, he possessed a :,ly free from adipose tissue.

His complexion was dark and his features regular, almost h~ndsome. He wore his hair short and shaved his beard . HIS dark bushy moustachios were greased and twisted upward in a roguish curl. His large almond-shaped eyes we~e dark brown :vith a black fringe of long curly lashes whIch rested on hIS cheeks and reached up to his brows when the eyes were fully open. When he smiled his teeth were seen to be white and spaced out. He was thirty-five y~s of age and had served for six years in the army. The pollce records showed that he was a bad character and had ~een suspected of taking part in two burglaries, one dacOlty and one murder, but lack of evidence had saved him from being prosecuted. He drank heavily, abducted women and wore khaki clothes. His father had died when he :vas st.ill a child, and his mother had left home and gone t? bve WIth a man who had been her lover during the lifetime of her husband. One of his brothers had become a §afi:!m and lived as a hanger-on of some shrine in Nabha. He himself had run away from home at the age of 10 and earned his living by working as a menial :for one zemiinafter another. In between he did a little thieving if CIrcumstances wen~ favourable. . . He ha~ come to Kartar Singh two years \lgo and sought hIS help m the matter of a small dacoity. Kartar Singh had been touched by the hunted-animal look in his eyes, and had employed him as a field labourer and. menial servant. He had provided him evidence of an alibi which the police had .accepte? Ka~am Singh showed his gratitude by giving of hIS best, m servIce and loyalty, to his master. The master ~l.so realised his true worth and promoted him from the pOSItIon of a mere servant to that of a trusted agent. So, Karam Singh came to manage his master's affairs in a rapidly increasing measure. The two men were in strange contrast to one another, and yet each pl'Ovided a fitting complement to the other Kartar Singh had the dignity and status of a lambardar and a sarpanch; Karam Singh was no more than a village

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menial. Kartar Singh's appearance was coarse, powerful and redoubtable, there was authority and conviction in his very voice; Karam Singh was good-looking, sleek an~ nimble, he had a soft and persuasive voice. Kartar Singh frequently bullied people into doing things; Karam Singh a.chieved his ends by intrigue and seduction. Kartar Singh was formidable, Karam Singh efficient. Master and servant, principal and agent made an admirable team. So, when Karam Singh entered the courtyard accompanied by two strangers, Kartar Singh knew that the men he wanted for his job had come. He addressed himself to the two strangers and explained the whole situation to them in detail, enumerating the complete list of his grievMces against Harjeet Singh and Gajjan Singh and the men of their party. He knew that they must already have heard the whole story from Karam Singh, but he wanted to. go over the various items for his own satisfaction and to convince himself once again {l( the justness of his decision. As he proceeded with the narrative of the crimes perpetrated by his enemies, his voice, whipped by J?as
n

j

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Each man had to fUf] which was liable to any kind of fight or v money acted as a det ties, and an attempt enter into a compro and once again bi( started. He had a wife, Ka angel Who blessed his other, a daughter of S: and his by running a" Niranjan Singh who v and who continued t house and flaunt his . and with much embej Kartar Singh used the Village. As saq court and had contn occupying a positiol wielded a great deal enemy, was also a pal man's authority. In. and Harjeet Singh wai their respective roles . Kartar Singh; but w( instituted complaints he was refusing to ha the panchayat to him he was entitled to its that Kartar Singh had and rupees which he • funds. The bitter conflict 1 predecessor provoked s up a memorial to the ( of the entire paochayal

E MAHATMA

. lce was coarse, powerful . :ity and conviction in his . good-looking, sleek .and ,ive voice. Kartar Smgh ing things; Karam Singh and seduction. Kartar 19h efficient. Master and ,e an admirable team. xl the courtyard accomSingh knew that the men !. He addressed himself .ed the whole situation to complete list of his grieved Gajjan Singh and the at they must already have ;am Singh, but he wanted . his own satisfaction and ~.f the justness of his ~eci­ te narrative of the cnmes voice whipped by masorose t~ a crescendo till his ate their attention on the ~ring was the wonder and ;lamour which poured out I the little courtyard. Ile told them, the father of mdu, it supporter of Kartar er Gajjan Singh had beaten ~th his ,.parents. In 1943 is friends and relations and He had saved himself by occasions Harjeet Singh's fl his men, the second ~ime :ing down a personal fnend ,elf stood by helpless. Soon n against the ringleaders of !lUd over to keep the peace.

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Each man had to furnish a surety in the sum of Rs. 5,000/which was liable to forfeiture if he became involved in any kind of fight or violent brawl. Fear of losing so much money acted as a deterrent to a fresh outbreak of hostilities, and an attempt was made to bury the hatchet and enter into a compromise, but the peace was short-lived and once again bickerings and attacks and reprisals started. He had a wife, Kartar Singh went on, not Dhanno, the angel who blessed his home and made him happy, but another, a daughter of Satan who had blackened her owniace and his by running away with Niranjan Singh of all people• Niranjan Singh who was a close associate of Harjeet Singh and who continued to keep this infamous woman in his house and flaunt his misdeed by speaking of it boastfuIIy and with much embellishment. Kartar Singh used to be the headman and sarpanch of the Village. As sarpanch he presided over the village court and had control of the panchayat funds. Besides occupying a position of dignity and importance,. he wielded a great deal of authority. Harjeet Singh, his enemy, was also a pmtdl, but he was subject to the chairman's authority. In June 1953 new elections took place and Harjeet Singh was elected sarpanch. This reversal of their respective roles was a source of mortification te Kartar Singh; but worse was. to follow. Harjeet Singh instituted complaints against Kartar Singh, alleging thaI he was refusing to hand over the property and funds of the patncbayat to him (Harjeet Singh), though as sarpancll he was entitled to its rightful possession. He also said that Kartar Singh had not accounted for nearly a thousand rupees which he had misspent out of the panchayat funds. The bitter conflict between the new sarpanch and hi'l predecessor provoked several peace-loving villagers to send up a memorial to the Government suggesting the dismissal of the entire paochayat and the holding of fresh elections.

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THE MURDER OF THE MAHATMA

These were men who did not wish to get embroiled in the war between the two factions. . Since the formation of this pancllayat [they said] the general public of the village has been suffering a great deal. Due to their party frictions and differences the villagers are in great distress. The ,preSent panchayat has not done anything for the good of the village since its election. All that the panches have done is to incite the ptople of their own party against the people of the opposite party. False complaints and cases are being registered by members of each party against their respective enemies. To be brief, we wish to say that this kind of panchayat raj will lead us to hell. We do not want this panchayat. and earnestly request, in the interests of justice, that the panchayat be superseded and a fresh election held. Kartar Singh knew about this petition, for some of the signatories belonged to his party. It had even been suggesfed by Harjeet Singh ihat the whole thing had been engineered by the disappointed ex-sarpanch. Kartar Singh vehemently denied that he had a hand in it, but he spoke of the matter now to the small and sympathetic audience. in his courtyard, addressing himself more pointedly to the two strangers. . He paused to take in the effect of his long discourse. His listeners were silent and merely nodded their approval of the indignation felt by the speaker, and the urgent necessity of applying" corrective to the waywardness of Harjeet Singh's party. Kartar Singh gathered the white sheet round his loins till his massive buttocks and fat thighs strained against the drapery, and sat down on the charpay. He began to speak again: 'And what happened two days ago? You were there, Karma, you saw and heard. Bhola Badmash and the friends of his bottle openly abused me in the village bazaar.

IJ\,

They had drunk Harj to slander me. I wo then but for the arri them away.' Suddenly he flate< heaped upon injury. over and my patience I cannot show my fae and a panch? Was ago. They are plan utterly. . ..' He el Karam Singh. Karam Singh came at his master's feet. and pinching the fie1 'Lambardarji, I an men have come with to; he, too, will come The next day, whi remained c10setted fo his two companions. that something tei-rib of the residents woul shootings and murde had no means of aver whispers or conjectu few days kept their for the impending ca On the afternoon ' Singh were seen leavi tion of the railway Kartar Singh standin dpw and buying two· villager saw them ge they would have to journey to Agra. Tl when this piece of n(

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get embroiled in the

dlayat [they said] the been suffering a great ns and differences the [be ,preSent panchayat od of the village since have done is to incite :tinst the people of the :s and cases are being larty against their rese wish to say that this IS to hell. We do not Iy request, in the- interIt be superseded and a :tition, for some of the It had even been sugwhole thing had been •irpanclt. Kartar Singh and in it, but he spoke j sympathetic audience. f more pointedly to the . of his long discourse. r nodded their approval :r, and the urgent neces,vaywan;!,ness of Harjeet .hered the white sheet ,uttocks and fat thighs sat down on the charago? You were there, lOla Badmash and the Ine in the village bazaar.

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. They had drunk Harjeet Singh's liquor and had been sent to slander me. I w~uld havl~ finished them off there and then but for the arnval of the head constable who took them away.' Sud
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1M

thought that the evil day had been put off. They hoped it would be a long time before Kartar Singh executed. wha!-

ever diabolical plan he had hatched to get ~ven with his enemies. There were a few who were sceptical. Moga is a town near the Pakistan border. It is known throuuhout the Punjab for two things, Dr. Matha Das' Eye Hospital where miracles of ophthalmic surgery have been performed, and the turbulent nature of the jat tribes who live in the sub-division of which it is the headquarters; After the partition of the country in 1947, hundreds OL !housands of refuges who came across the border to Perozepore poured into the sub-division and add~ to the lusty and lawless behaviour of the people, makmg them even more disrespectful of the law than b~fore. At Moga there are several resident magIStrates, and. a strong force of police has been p
murdered by members of the opposite party In Smghawala village.' . The message was repeated in the sa~e words like .a lesson recited by a child who is not qUIte sure that hiS

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cleverly learnt piece , the sound of a click i up. He had not reve tails of how and wher Hazara Singh got t accompanied by an A for Singhawala. He ( and left instructions t follow him immediatel two factions and was to make an appropriat The village of Sinl Moga, and, travelling 1 before eight. He went s and saw that his wors Gajjan Singh laymun and near the dead bod wailing their loss. Gaj charred edges, indicati him from very close present Niranjan Singh Singh's wife and was J had been fired at, but . one of his legs. In th Gajjan Singh's house, riddled with large de point-blank range. A about the two dead bo reloaded their guns an There could be no The murders were con a time when there wal cation of the CUlprits, a were available to tell tl his person unmistakabl sent when the shots w( embedded in the calf 0

MAHATMA

n put off. They hoped , ar Singh executed whated to get even with his were sceptical. an border. It is known 19S, Dr. Matha Das' Eye

llmic surgery have been ..re of the jat tribes who it is the headquarters. y in 1947, hundreds of : across the border to vision and added to the Ie people, making them w than before. dent magistrates, and a )sted there to cope 'With ies which are a permanIb-division. In addition .stables. head-constables •ingent of mounted police I 8, 1954, Sub-Inspector elephone call, he rose to ld alacrity. There was nformation conveyed to that he might set off on to take that risk, for he ve if the mysterious peren the: truth. From the had heard a male voice

Gajjan Singh ~av~ been pposite party m SmghaI the same words like a ; not quite sure that his

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cleverly learnt piece was heard the first time. And then the sound of a click indicated that the speaker had hung up. He had not revealed his identity, nor giv~n any details of how and when the murders were commItted. Hazara Singh got together a posse of constables and, accompanied by an Assistant Sub-Inspector of P
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son were natural witnesses of an occurrence that took place in their own house. There was complete unanimity on every point. This was nothing remarkable in the circumstances of the case but it gave rise to a misgiving in the mind of Hazar~ Sin~h, for he thought that, as in so many other cases whIch had passed through his hands, the details of the story might have been evolved after discussion and deliberation to give an air of truth to the narrative; but as he proceeded with his enquiries and checked and crosschecked all the statements, he became convinced that the witnesses were telling the truth and the whole truth. What they said was this: . Gajjan Singh was sitting in the courtyard of his house chatting with his friend, Niranjan Singh, while his wife and son sat nearby. As the sun was about to set, Karam &ingh, accompanied by three other men, appeared in the doorway. He and two of his companions were carrying guns, and the fourth man was armed with a battle-axe. Karam Singh and one of the gunmen advanced into the courtyard and, without uttering a word, fired five or six rounds at Gajjan Singh and Niranjan Singh, while the third gunman and the man with the battle-axe stoOd in the doorway. Gajjan Singh's wife and son ran inside a kotha, and Niranjan Singh sought the shelter of a low wall which enclosed the space reserved for cattle. The whole incident was over in a few seconds, and when the survivors peeped out a moment or two after the firing had stopped they saw that the courtyard was empty save for the lifeless body of Gajjan Singh lying stretched out near a dark pool of blood in the middle of the courtyard. . The assailants had run out and made their way towards Harjeet Singh house. When they came to the point where the lane ended to make a T-shaped junction with the main village street, they saw Harjeet Singh and his son returning from the fields with a cartload of gram chaff. Harjeet Singh jumped down from his high perch on the cart and

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tried t? run away, b too qUIck for him. ' succession and saw heap and then lie p ran away and no OIl There were one 0 All the witnesses WI among the assailant! the liquidation of h Singh. Indeed, the been seen in the vi: and it was believed was part proprieto Karam Singh had 1 assassins. He had I his face. Finally, j to the villagers of S cribe them, but COD their identity. While these facts I were telling the trot Kartar Singh, hones; prits or because the) even, once and for : also posed some dif strangers with Kara] opponents of Harj~ part in the commis! thing to do, howevel Singh. This proved to be first imagined. KaJ there was no sign oj in the village. The: Dhanno, was at he committed. She an longed to a neighbc

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occurrence that took on every point. This umstances of the case, l the mind of Hazara so many other cases lds, the details of the after discussion and to the narrative; but as od checked and Cro3Stme convinced that the and the whole truth. courtyard of his house l Singh, while his- wife 'as about to set, Karam r men, appeared in the npanions were carrying ,med with a battle-axe. men advanced into the word, fired five or six anjan Singh. while the the battle-axe stooo in 'e and son ran inside a the shelter of a low waH 'I for cattle. The whole , and when the survivors :r the firing had stopped mpty s<,\ve for the lifeless led out near a dark pool lrtyard. made their way towards came to the point where :d junction with the main :ingh and his son returnj of gram chaff. Harjeet \h perch on the cart and

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tried t? run aw.ay, but Karam Singh and his gunmen were t,oo qUl~k for hIm. Th~y fired several sh~ts at him in quick succesSIOn and saw hIm crumple up mto a convnlsing heap and then lie prone and inert. The miscreants then ran away and no one could say where they had gone to. , There ~ere one or two remarkable points in this story. , All the WItnesses were agreed that Kartar Singh was not among the assailants, although it was he who most desired t~e liquidation of his enem~es, Gajjan Singh and Harjeet Smgh. Indeed, they all saId that Kartar Singh had not been seen in the village for the last three or four days and it was believed that he had gone to Agra where h~ was part. proprietor of a transport firm. Then again Karam Smgh had been recomised as the leader of the . " a~sassms. ~e had made no attempt to conceal or muffle hIS face: Fmally, ~is three companions were strangeT$ to. the VIllagers of Smghawala. The witnesses could descn~e ~hem: but could throw no light on the question of theIr ldentIty. While these facts convinced the police that the witnesses were telling the truth-for they could have easily named K~rtar Singh, honestly believing him to be one of the cuIpnts or because they had here a golden opportunity to get even, once and for all, with their sworn enemy-the facts also posed some difficult questions. Who were the three strangers with Karam Singh, and if they were nor declare4 oppo~ents of Harjeet Singh's party, why had they taken pa.rt III the commission of this horrible crime? The first thmg to do, however, was to find Kartar Singh and Karam Singh. Th.is proved to be not such an easy task as the police at first Imagined. Kartar Singh's house was locked up and !here w~s no sign of him or any member of his household III the VIllage. There was evidence to show that his wife. :Dhann;o, was at home shortly before the murders were commItted. She and her brother, Bachan Singh, who be· longed to a neighbouring village, had been seen standing

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THE MURDER OF THE MAHATMA

in the doorway talking to Karam Singh. One villager said he had seen strangers coming out of the house shortly before sunset. But when the police arrived at 8 p.m. neither Dhanno nor Bachan Singh was to be found anywhere. A oonstable sent posthaste to Bachan Singh's village returned in the morning to report that Bachan had left home the previous morning and had not since been seen or heard of. The two trails which had to be followed up were obvious. In the first place Dhanno and Bachan Singh must be traced and located, for they would kno~ who were Karam Singh's accomplices, and where they had gone to. Sub-Inspector Hazara Singh would know how to get the necessary information out of them, once they were brought before him. Secondly, a search must be made for Kartar Singh at Agra. Kartar Singh held a licence for a shot-gun, and it was almost certain that this gun had been used by one of the assailants. It was known that Kartar Singh's partner in the transport business at Agra was one Kundan Singh. There followed days of fruitless, exhausting labour, when many clues and scents were picked up and followed, only to be abandoned because they proved false and misleading. Villages were visited, houses were searched, suspicious characters were interrogated. The police used all the weapons in their armoury-persuasion, cajolery, promises. threats, intimidation-.but all to no purpose. Dhanno and Bachan Singh had disappeared into thin air. At Agra no trace could be found of Kartar Singh or his partner, Kundan Singh. The premises of the transport company wore a deserted air The trucks had all vanished. The signboard bore a new name. The entire concern seemed to flave been effaced out of existence. The police preclaimed Kartar Singh a fugitive from justice, and initiated legal proceedings in order to attach his property and confiscate it, if he did not put in an appearance and submit himself to the due process of law.

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Seven fruitless day: Then on April 15, HaJ was making enquiries membered that Kartal observed buying ticke 6th. A new and hith( ed to this known fact sent at Singhawala on so. Therefore the jo have been undertaken evidence of alibi. Ti proved most easily 3 arrest and be in the c crime is committed. So Hans Raj went t, enquired if any Punjal or 8th of April for a 1 blanks, but at the Lol was looking for. On seen behaving in a dis, busiest cross-roads of state of extreme drun to disclose their name: ing to themselves. Ti station and detained i morning they were sol after-effects of' an ir They stated that they Singhawala and Gurh also of Singhawala. 1 arrested was bailable, furnishing the necessal them bore their thumb nation. The offenders a magistrate on the : hearing of the case ag!

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· ingh. One villager said ; of the house shortly belrrived at 8 p.m. neither be found anywhere. A n Singh's village returnachan had left home the e been seen or heard of. followed up were obvimd Eachan Singh must would know who were ",here they had gone to. d know how to get the · :hem, once they were ;earch must be made for I1gh held a licence for a 1 that this gun had been was known that Kartar L1siness at Agra was one

· exhausting labour, when d up and followed, only ·'Dved false 'and mislead; were searched, suspici. The police used all the lsion, cajolery, promises, o purpose. Dhanno and to thin air. At Agra no ngh or Q.is partner, Kuntransport company wore all vanished. The signntire concern seemed to e. :ingh a fugitive from jusgs in order to attach his id not put in an appearlue process of law.

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Seven fruitless days of unrewarding efforts went 'by. Then on April 15, Hans Raj, Assistant Sub-Inspector who was making enquiries at Agra, had a brain-wave. He remembered that Kartar Singh and Karam Singh had been observed buying tickets for Agra on the evening of the 6th. A new and hitherto unsuspected significance attached to this known fact. Karam Singh was certainly present at Singhawala on the 8th, all the witnesses had said so. Therefore the journey to Agra, if performed, must have been undertaken solely with the object of creating evidence of alibi. The best alibi and one that can be proved most easily and most convincingly is to court arrest and be in the custody of the police at the time the crime is committed. So Hans Raj went to all the police stations in Agra and enquired if any Punjabi Sikh had been .arrested on the 7th or 8th of April for a minor offence. He drew one or two blanks, but at the Lohar Mandi thana he found what he was looking for. On April 8, at 9 p.m., two Sikhs were seen behaving in a disorderly manner in the middle of the busiest cross-roads of the town. They were both in a state of extreme' drunkenness, and were in no condition to disclose their names or give any other particulars relating to themselves. They were marched off to the police station and detained in the lock-up for the night. In the morning they were sober, though suffering from the usual after-effects of an inordinate consumption of alcohol. They stated that they were Kartar Singh, la:rnbardar of Singhawala and Gurbachan Singh, son of Kundan Singh, also of Singhawala. The offence for which they had been arrested was bailable, and both of them were released on furnishing the necessary sureties. The bonds executed by them bore their thumbprints, and were available for examination. The offenders had been directed to appear before a magistrate on the 10th, but they failed to attend the hearing of the case against them.

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!he trail was once more lost, but something had been gamed. Kartar Singh had deliberately and carefully prepared a perfect alibi for himself, and there could be no question of his having been present at the scene of the murd.er on th~ evening of April 8, or of his having taken part m th~ ~r~m~. But t?e very fact of his having such a perfect alibI mdIcated Ius complicity or, at any rate, his fo~e~nowledge of the murders. Also Karam Singh had no alIbI. He must _have used his master's gun, and this fact would be enougn to hang both Karam Singh and Kartar Singh. But where were they? On AI?ril 19 Kartar Singh had to appear in the court of a ~aglstrate .at M<;>ga in another case. A police officer r~mamed wa~chmg thIs court the whole day. Kartar Singh dId. not put III an appearance. A telegram was received, saymg that he had been taken ill and a medical certificate w
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the transport company concern with the new I board. But an inforn and said that on the Singh would go to tll< Authority, Agra, to rei added that Karam Sill The quarry was at I 28th both Kartar Sing custody_ Kartar Singh answel sonant voice, wearim innocence. He said Ii the 6th, and come to j ness. He had brought something wrong witI: pairs to a firm dealinl ingof the 8th. He h too much liquor-it v dan Singh-and had • when he came to his on bail and after a i present his case befor had fallen ill and had 19th. As soon as he r' had remained there t He went on to sa) had happened to Ha couldn't say that he v willed it so. But hm with the affair? He ( signboard of the tran ers and complained department. How el except by changing strange coincidence, journeys carrying goe

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but something had been ;rately and carefully pre[, and there could be no $ent at the scene of the 8, or of his having taken ~a~t of his having such a .IClty or, at any rate, his · \lso Karam Singh had no ,aster's gun, and this fact Karam Singh and Kartar d to appear in the court •ler case. A police officer whole day. Kartar Singh A telegram was received and a medical certificat~ post brought a medical ,hushan of Meelut. This up, but at Meerut there shan. The police obtain· tioners of Meerut. The not in this list, and none ard of him. Once again -herring across the trail of abandoning the chase. :d over a wide area. They :enders, but show a deep )f the wretched informer e to betray his friend or ) hi?J or hold him up to :i his. anonymity is guar:i mention in the police complete secret. Kartar the Agra magistrate to ;:ss. Neither he nor his (where near the office of

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the transport company. No one seemed to own the new concern with the new name freshly painted over the signboard. But an informer came to the police one evening and said that on the 28th, Kartar Singh and Kundan Singh would go to the office of the Regional Transport Authority, Agra, to renew the permits of their trucks. He added that Karam Singh was also in Agra . The quarry was at last within sight, and by midday of 28th both Kartar Singh and Karam Singh were in police custody. Kartar Singh answered all enquiries in his loud and resonant voice, wearing all the while a look of injured innocence. He said he had left Moga on the evening of the 6th, and come to Agra to attend to the transport business. He had brought his gun with him, and as there was something wrong with the trigger he had given it for repairs to a firm dealing in firearms at Agra, on the morning .of the 8th. He had been indiscreet enough to drink too much liquor-it was all the fault of his partner Kundan Singh-and had found himself in the police lock-up when he came to his senses. On the 9th he was released on bail and after a few days he went to Meerut to represent his case before the transport authority. There he had fallen ill and had been unable to go to MOlla on the 19th. As soon as he recovered he came back to Agra and had remained there till the police arrested him. He went on to say that he knew nothing about what had happened to Harjeet Singh and Gajjan Singh. He couldn't say that he was sorry, but ... well ... God had willed it so. But how could he have had anything to do with the affair? He explained the change of name on the signboard of the transport firm by a shrug of his shoulders and complained of the iniquities of the income-tax department. How else could they evade the unjust levy except by changing the name of the company. Bya strange coincidence, the trucks were. all away on long journeys carrying goods to different parts of the country.

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Karam Singh also protested his innocence and his ignorance of the whole unfortunate affair. With a disarming ingenuousness he admitted his presence at Singhawala on the 8th, but insisted that he had left the village in the afternoon and come to Agra. Had he any evidence of his presenre at Agra? No. it was his misfortune that all his attempts to procure documentary evidence of alibi had failed. He could produce witnesses, but would the police believe them? Why did he make lIIiy ,attempt at aU, if he knew nothing of tile murders? Because he had a feeling, a sort of premonition, that something untoward was afoot. He had noticed suspicious characters, strangers to him, prowling about the village. So he had run away lest he became involved in a criminal case. As it was, he found it difficult to live down his past, and another case, even a false one . . . . So. Kanlpl Singh went on in his plausible, seemingly innocent manner. He opened his large eyes till the long curly lashes were outlined against the smooth rounded flesh of his cheeks. He looked at the Sub-Inspector with a soulful expression, till the latter turned away in embarrassment. The police could get no further with him, but one thing was clear-he had no alibi and four-eyewitnesses were ready to swear that he had shot dead two men. Kartar Singh's statement about his gun was found to be true, and a dealer in firearms produced the gun in question. In the meantime events had progressed satisfactorily at Moga. The police had apprehended two men, Sukhan Singh and Bhag Singh, who were believed to be Karam Singh's accomplices. A third man, Bikker Singh, was killed in the course of an encounter when he opened fire on his pursuers. Dhanno and her brother, Bachan Singh, were found. at the house of a relativ.e who lived in a' village fifty miles away, but nothing of consequence could be established

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against them, and al allowed to go away. Four persons wen Sukhan Singh and I actual offence of mUi ment. The prosecutic produced evidence of wala on April 8, inc four eye-witnesses. . four witnesses and all lage shopkeeper, Sudl Singh, tehsild8l'. who Karam Singh on an ' bought a cartload of J day, his son. Benarsi the transaction in his claimed to have seel lambard8l"s house. ' ent and above repro! Karam Singh (it wil gated by the police, I on April 8, and the e1 ed at first somewhat l the preliminary enqu sprang a surprise wh taken by the prosecu enquiry, he said that. at Agra. He proctuc which he had sworn a1 attested by Mr. Shar document bore the off discomfiture of the pi ed .over photostat co gentle hint that if al original affidavit, he ( from negatives which

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his innocence and his , ate affair. With a dis. his presence at Singhat he had left the village

:ra.

esence at Agra? all his attempts to pro)i had failed. He could police believe them? at an, if he knew noth-

)rt of premonition, that He had noticed suspiciprowling about the ville became involved in a j it difficult to live down 1 false one .... his plausible, seemingly , large eyes till the long 1st the smooth rounded t the Sub-Inspector with 'er turned away in em:et no further with him .. • no alibi and four-eyeIt he had shot dead two bout his gun was found ms produced the gun in )gressed ,satisfactorily at neled two men. Sukhan ~ believed to be Karam lan, Bikker Singh. was ter when he opened fire an Singh, were found at I in a village fifty miles ce could be established

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against them. and after a brief interrogation they were allowed to go away. Four persons were sent up for trial. Karam Singh. Sukhan Singh and Bhag Singh were charged with the actual offence of murder and Kartar Singh. with its abetment. The prosecution as a measure of abundant caution produced evidence of Karam Singh's presence in Singhawala on April 8, independently of the testimony of the foilr eye-witnesses. This consisted of the statements of four witnesses and an entry in the account-book of a virlage shopkeeper, Sudha Mal. The witnesses were Achhar Singh, tehsildar, who said he had called and spoken to Karam Singh on an official matter. Sudha Mal who had bought a cartload of rape-seed from Karam Singh on that day, his son, Benarsi Das, who made an entry relating to the transaction in his father's babi, and Pratap Singh, who claimed to have seen Karam Singh coming out of the Jambardar's house. This evidence was wholly independent and above reproach. Karam Singh (it will be remembered) had, when interrogated by the police. admitted his presence in Singhawala on April 8, and the evidence of these four witnesses seemed at first somewhat superfluous, but towards the close of the preliminary enquiry by the magistrate Karam Singh sprang a surprise which proved the wisdom of the step taken by the prosecution. In answer to the magistrate's enquiry, he said that on the day of the occurrence he was at Agra. He produced at the same time an affidavit to which he had sworn at Agra on April 8. The affidavit was attested by Mr. Sharma, a magistrate of Agra. and the document bore the official seal of his court. To add to the discomfiture of the prosecution. Karam Singh also handed .over photostat copies of the document by way of a gentle hint that if anyone tried to steal or destroy the original affidavit, he could produce facsimile copies of it from negatives which were in the safe custody of some·

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one who was on his side. He named three witnesses who. he said, would depose to his presence at Agra on April 8. These witnesses were called and examined in the court of session. Their story was that Karam Singh wanted to apply for a motor driving licence. Every application for such a licence must be accompanied by an affidavit stating that the applicant had no previous licence, and if one had been obtained by him on a previous occasion the particulars of the old licence were to be given. Karam Sin~h swore to the fact that he had no previous licence. and his affidavit was attested by a magistrate. One of the defence witnesses was a lawyer of Agra who told the court that Karam Singh was introduced to him by an old client of his. Gurdial Singh. The lawyer appeared before the magistrate to testify that the man swearing to the affidavit was Karam Singh. He admitted in cross-examination that he had, never before that day, met Karam Singh, nor had he seen him since. Another witness was Gurdial Singh, who said he knew Karam SiDl!h well and had been present when Karam Singh swore his affidavit in Mr. Sharma's court. The third witness was a court clerk who identified Mr. Sharma's endorsement on the affidavit, but could say nothing about -the deponent's identity as he was not Mr. Sharma's clerk on the relevant date. No attempt was made either by the defence or by the prosecution to have the deponent's thumb-impressions (there were two of them) on the affidavit compared with Karam Singh's thumb-impression. Nor did the Sessions Judge take the trouble to call a fingerprint expert and elucidate this point. The judge. however. came to the conclusion that the alibi had not been proved, and that someone could easily have impersonated Karam Singh. The lawyer might well have made a mistake, and Gurdial Singh was admittedly a friend of Karam Singh; he would not hesitate to perjure himself. In any case the thumb-impressions had not been

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the transport compan: concern with the new board. But an infon and said that on tht Singh would go to tl Authority, Agra, to f( added that Karam SiJ The quarry was at 28th both Kartar Sin) custody. Kartar Singh answe sonant voice, wearin: innocence. He said I the 6th, and come to . ness. He had brough something wrong witl pairs to a firm dealin ing .of the 8th. He I too much liquor-it 1 dan Singh-and had when he came to his on bail and after a prese~t his case befO! had fallen ill and hac 19th. As soon as he I had remained there I He went on to sa' had happened to Hi couldn't say that he 1 willed it so. But ho' with the affair? He I signboard of the tratl ers and complained department. How el except by changing strange coincidence. journeys carrying gOt

MAHATMA

d .three witnesses who.

::e at Agra on April 8.

examined in the court aram Singh wanted to Every application for by an affidavit stating icence, and if one had us occasion the parti. ~ given. Karam Sinoh evious licence, and his ate. a lawyer of Agra who vas introduced to him : ngh. The lawyer apfy that the man swearngh. He admitted in ~r before that day, met [) since. Another withe knew Karam Sinqh :aram Singh swore his ,he third witness was a ,erma's . endorsement on .~ about the deponent's s clerk on the relevant i

the defence or by the :t's thumb-impressions ffidavit compared with Nor did the Sessions fingerprint expert and onclusion that the alibi eone could' easily have :awyer might well have 19h was admittedly a not hesitate to perjure pressions had not been

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proved to be those of Karam Singh, and therefore the defence plea of alibi had failed. Karam Singh was accordingly convicted and sentenced to death. T~e case a&ainst K~rtar Singh was based solely on his enmIty and his peculIar conduct in going' away to Agra and becoming drunk on the day the murders were committed. This was not considered enough to hang him. There was always the possibility (and this point was stressed by the defence) that he came to know of someone e!se's plan to. murder his enemies, and took steps to establIsh his own lllnocence. In criminal cases, if a reasonable doubt arise~ in the mind of the judge, the accused person must be .given the bene~t of that doubt. As regards Sukhan Smgh and Bhag Slllgh, there was nothing against t~em ~xcept the some,,:hat unsatisfactory evidence of identIficatIOn. All the witnesses were not able to identify them correctly. . So these three persons were acquitted. Karam Singh appealed to the High Court, and his counsel found no difficulty in picking big holes in the Sessions Judge's reasoning. It was obvious that the matter had not been examined with the care it deserved. Mr. Sharma, the Agra magistrate. had not been called to elicit the circu~stances in which he attested the affidavit; a fingerpn~t expert should have been summoned to compare the p;:mts on the affidB;vit with Karam Singh's thumb-impresSIOn. The affidaVit was recorded on sheets of impressed paper which had been purchased from a stampvendor of 1!athras-there was the stamp-vendor's endorsement to thiS effect on the back of each sheet. This man could throw ~urth~r light on the matter. Might it not be argued that the eVidence pr?duced at the trial gave rise to a reasonable doubt regardlllg Karam Singh's guilt. !he Hi~h Court has ample powers in law to call fresh ~vldence If ~uc~ a course be considered necessary in the mterests of Justice. It was clear that in this case the interests of justice required further clarification of a most

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important issue: Was Karam Singh at. Agra on April 8 or not? If he was at Agra, 334 miles from the scene of the murders, he could not be held guilty. The burden of proving the plea of alibi lies on the accused person, and in this case there were significant gaps in the defence evidence, though, of course, the burden of proving the commission of the crime charged remains always on the prosecution. But it would be a perversion of justice to hang a man because he had omitted to call one or two witnesses. Karam Singh had, in unequivocal terms, raised the plea of alibi; he had produced evidence which showed that the plea was not without substance. Should the High Court not be completely convinced of its falsity befoceconfirming the sentence of death? My colleague and I who heard the appeal adjourned the case, and called Mr. Sharma and the stamp-vendor of Hathras. We also called an expert from the Phillaur Fingerprint Bureau. The whole truth then came to light, and the seemingly perfect alibi was proved to be imperfect. The self-induced drunkenness of Kartar Singh, his subsequent evasion of the police and the drawing up of Karam Singh's affidavit, were all parts of a diabolical and cleverly conceived plan to murder Harjeet Singh and Gajjan Singh and escape the Consequences. The murders were committed by Karam Singh and three hired assassins who belonged to a distant village and were strangers to the people of Singhawala. Kartar Singh and Karam Singh left their village on the 6th ostensibly for Agra. They detrained at Hathras on the morning of the 7th. There Karam Singh bought the two stamp-impressed papers from a stamp-vendor who knew him and who could, therefore, be relied upon to give evidence of identification if called. The affidavit consisting of one sentence, 'I solemnly declare on oath that I have never before applied for a driving licence anywhere. nor do I possess such a licence', was drawn up and Karam Singh

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placed his thumb-im at once to Singhawali taking the affidavit \\ Gurdial Singh and al Karam Singh. Thus able evidence of Kar gun with a dealer in him. Towards evenil of his partner in the t police in a state of ' night. This furnishe alibi but with unconl The flaw in Karar never learnt to drive fore, not qualified to plication for a licene< ed papers were boug] at Agra on the 8th. I attempt to escape fro it proved unsuccessfu on Karam Singh was

CHAl'>

LABH SINGH was a family. At the time was 52 years of age, in the office of the De which is the headqua,r in the dark days of district with only a sn

{AHATMA

at. Agra on April 8 les from the scene of uilty. of alibi lies on the : were significant gaps •::ourse, the burden of 'me charged remains {ould be a perversion ~ had omitted to call l had, in unequivocal ad produced evidence :>t without substance. ,llplete1y convinced of 'tence of death? the appeal adjourned .od the stamp-vendor >ert from the PhiIlaur ht, and the seemingly ect. The self-induced :lubsequent evasion of 'll'am Singh's affidavit, leverly conceived plan ian Singh and escape ,Caram Singh and three istant village and were lao Kartar Singh and the 6th ostensibly for )n the· morning of the le two stamp-impress10 knew him and who give evidence of iden:~onsisting of one senthat I have never be: anywhere, nor do I up and Karam Singh

CHANGE OF IDENTITY

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placed his thumb-impressions on it. He then returned at once to Singhawala. Kartar Singh proceeded to Agra, taking the affidavit with him, and secured the services of Gurdial Singh and another person who impersonated for Karam Singh. Thus he procured what seemed unrebuttable evidence of Karam Singh's alibi. He deposited his gun with a dealer in firearms, obtaining a receipt from him. Towards evening he and Gurbachan Singh, the son of his partner in the transport business, were found by the police in a state of drunkenness and locked up for the night. This furnished Kartar Singh with not only ap alibi but with uncontrovertible evidence to prove it. The flaw in Karam Singh's defence was that he had never learnt to drive a motor vehicle. He was, therefore, not qualified to apply for a driving licence. No application for a licence was ever written, and the impressed papers were bought at Hathras on the 7th instead of at Agra on the 8th. Nevertheless it was a bold and clever attempt to escape from the hand of justice. Fortunately it proved unsuccessful, and the sentence of death passed on Karam Singh was confirmed by the High Court.

SEVEN CHANGE OF IDENTITY LABH SINGH was a man of modest means and a large family. At the time of the partition of the country he was 52 years of age, and was working as Record Keeper in the office of the Deputy Commissioner at CampbeUpur, which is the headquarters of the Attock district. Attock, in the dark days of 1947, was a predominantly Muslim. district with only a small sprinkling of Hindus and Sikhs,

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and its position near the extreme north-west boundary of the province of Punjab became a source of anxiety and fear to the minority communities. So, when the killing started, Labh Singh, despite the fact that he was a Government servant, collected his family and, abandoning everything else., left Campbell pur and succeeded in escaping to East Punjab. He arrived at Ambala and, after a brief period of waiting, secured appointment as Reco~d Keeper in the office of the Additional Deputy CommIssioner. He considered himself lucky. His salary was barely more than Rs. 100/- a month, and he had left behind all his furniture and most of his clothes. But his new post carried the same pay as before; the period of his employment at Campbellpur would be counted as 'service' for purposes of leave, promotion, pension, etc.; he had owned no landed property and therefore had lost none; his wife had been able to salvage her jewellery and whatever little cash she had in the house. For ail this he thanked the Merciful Waheguru and settled down to start life afresh. His large family was a source both of joy and of worry. He had a wife, seven daughters and three sons. Three of his eldest daughters were married and settled in life. Of the remaining four, the eldest, Jaipal Kaur, was 20 and of an age when she must marry and cease to t.e dependent on him. Besides, the presence of a grown-up daughter, old enough to be a wife and a moth.er, was bound to set malicious tongues wagging sooner or later. But Labh Singh was not in a position to invest her with the attraction of a subs.tantial dowry, and most young men nowadays turn away from the offer of a dowerless bride, however desirable her personal attributes may be. So Labh Singh and his wife were resigned to a state of watching and waiting. They hoped that the Waheguru who had brought them to safety through the horrors of their perilous journey from Pakistan would, at the ap--

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propriate moment, p law. They had conf hoped He would not So, when Labh Sinl the matrimonial colUI paper of the Punjab 1948, he felt that the his direction: WANTED-Refug Gazetted Officer. c/o Tribune, Amb2 This was just wh daughter was a refug very particular about: his children to marr) was a Sikh and a ga; pointment was tempe ing his future prospe( in all departments OJ ed the privileged en stayed in, moving frc Indeed, he thought thi sarily honest about I admitted to being in important of all was that rare individual, take a bride without : refugee father ask for He read the rem, scanning them with a back to another stud There was no need . and unambiguous. J spelled out a Punjal:: adding his own corn

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Ie north-west boundary

a source of anxiety and . So, when the killing act that he was a Govamily and, abandoning and succeeded in escapat Ambala and, after a ; appointment as Reco!d . itional Deputy CommIs-

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propriate moment, provide them with a suitable son-inlaw. They had confidence in Him, but they wished and hoped He would not delay matters too long. So, when Labh Singh saw the following advertisement in the matrimonial column of The Tribune, the leading newspaper of the Punjab, on the morning of November 2~, 1948, he felt that the hand of God had, at last, moved ill his direction: W ANTED--Refugee bride for 28 year Sikh temporary Gazetted Officer, No caste and dowry. No. 3333C, . c/o Tribune, Ambala Cantt.

His salary was barely d he had left behind all

•,thes. But his new post he period of his employcounted as 'service' for nsion, etc.; he had own;fore had lost none; his r jewellery and whatever For all this he thanked tUed down to start life

)oth of joy and of worry. and three sons. Three .rried and settled in life. :st, Jaipal Kaur, was 20 ;.arry and cease to be depresence of a grown-up wife and a mother, was waggil1,g sooner or later. :>sition "to invest her with dowry, and most young the offer of a dowerless ,sonal attributes may be. ~re resigned to a state of oped that the Waheguru y through the horrors of kistan would, at the ap-

143

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This was just what he had been waiting for. His daughter was a refugee from Pakistan, he had never been very particular about the caste taboo, though he did w.ant his children to marry into Sikh families. The advertIser was a Sikh and a gazetted officer. The fact that his appointment was temporary caused him no anxiety regarding his future prospects. The country needed new hands in all departments of Government, and once yo~ entered the privileged. enclosure of Government serVIce you stayed in, moving from one comfortable seat to another. Indeed, he thought the advertiser was being quite unneces- . sarily honest about himself; many men would not have admitted to being in temporary service only. But most important of all was the reference to dowry. Here was that rare individual, a bridegroom who was willing to take a bride without insisting on a dowry! Could a poor refugee father ask for more? He read the remaining advertisements on the page. scanning them with a hurried glance, and bFought his eyes back to another study of the Sikh officer's requirements. There was no need to ponder it-the words were clear and unambiguous. He called his wife, Ram Rakhi, and spelled out a Punjabi translation of the English words, adding his own comments and concluding with several

CHA 144

THE MURDER OF THE MAHATMA

grunts of satisfaction. Ram Rakhi agreed that the matter must be taken up immediately and pursued. For the benefit of those who are not aware of the conditions prevailing in India at that time, it may be stated that there was nothing startling in a young man wishing to marry a dowerless refugee girl. The creation of a Muslim State by the partition of India was accompanied by what the leaders of India and Pakistan were pleased to call 'exchange of population'. Millions of people leading a peaceful life in the West Punjab were hounded out of their homes. The murderous frenzy that raged over the whole province for several months during 1947 took a heavy toll of life and property. Hindus and Sikhs had to leave behind everything they possessed, lands, houses, household effects, valuables. For the mo~t part they arrived in India with suffering bodies and tortured souls, their total possessions consisting of the clothes they wore. At once, they began the gallant task of rehabilitating themselves. Held together bya common bond of misery and poverty, the refugees stood by one another. There were many Hindu and Sikh young men who, riding on the crest of patriotic emotion, chose their brides from families of refugees. Also, they hoped that a girl who was wooed for herself. rather than for her money and position, would· remain for ever grateful and prove a better wife than a haughty and self-asserting member of the new womanhood which modem India was producing. Labh Singh answered the advertisement, giving particulars of his daughter and asking for further information about the advertiser himself. A reply came after a few days and a further exchange of letters followed. The would-be bridegroom was a double graduate. His letterhead proclaimed that he was Amrik Singh, B.A., LL.B., Civilian Gazetted Officer. He held a temporary civilian post jn the Ordnance Depot at Avadi, Madras Area. There was every likelihood that his post would become perm a-

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nent. The affair pro that Amrik Singh sho before making a fina So, in the beginnin and stayed at the loe humility and evidenc it was cheaper than! tor staying in the Sik sacred Granth. A took place in the PI' friends, specially cal found that the 'refuge up and educated. S amination of the Pu more than 28. He . was scarcely an imp some, and there was but he had a good b mouth were conceale moustaches. Amrik Singh likec and his wife appro'i raised no objection, interpreted as conse at once, and April 1~ After the marriage, Sikh rites in the Qa bala . , Amrik Singh 1 Orthodox Indian Cl home for a short vi: after the marriage, husband to set up h honeymoon generall at most. Thereafte bride continues to . increasing intervals environment and· ta}

CHANGE OF IDENTITY

: MAHATMA

, i agreed that the matter , j pursued. ' ~ not aware of the CODtime, it may be stated I a young man wishing I. The creation of a lndia was accompanied Pakistan were pleased '. Millions of people : Punjab were hounded rous frenzy that raged 'al months du(ing 1947 rty. Hindus and Sikhs they possessed, lands, !S. For the mo~t part Ig bodies and tortured ting of the clothes they allant task of rehabiIiby a common bond of stood by one another. •~ young men who, rid'lon, dIOse their brides they hoped that a girl !r than for her money ~er grateful and prove self-asserting member fern India was produc-

:tisemeJ1 t, giving partifor further information eply came after a few letters followed. The ! graduate. His letterik Singh, B.A., LL.B., j a temporary civilian Ii, Madras Area. There would become perma-

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nent. ,T~e a~air progressed smoothlly, and it was agreed that Amnk Smgh should come over and meet Jaipal Kaur before making a final decision. So, in the beginning of April 1949, he came to Ambala and ~~ayed at th.e local Gurdwara. This was a gesture of ~um!llty and evidence of a religious bent of mind. Also It was cheaper than staying at a hotel, for all that a visitor staying in the Sikh temple need pay is homage to the sacred Granth. A meeting between the young people to?k place i';l the presence of Jaipal Kaur's parents and fnends, speCially called for the occasion. Amrik Singh found that the 'refugee girl' was good-looking, well brought up and educated. She had passed the matriculation examination of the Punjab University. He himself looked more than 28. He might have been 39 or 31, but this was scarcely an impediment. He was not exactly handsome, and there was an ugly scar over his left eyebrow. , but he had a good bearing and the cruel lines around his mouth were concealed below a thick growth of beard and moustaches. Am~ik ~ingh liked ~he girl and said so. Labh Singh an? hIS WIfe ~p~rovea of the young man. Jaipal Kaur ~alsed no obJection, and her shy( silence was correctly mterpreted as consent. A, fonnal betrothal took place. at once, and Ap~il19 wa~ fixed for the wedding ceremony. t¥ter .the .marnage, ~hICh was performed according to SIkh ntes ~n t~e Qazlwara. Gur~wara in the city of Ambala, Amnk ~mgh took hIS b~Ide to Delhi for Qne day. Orthodox IndIan custom reqUires that the bride return home for a sh
146

THE MURDER OF THE MAHATMA

on the third day after the wedding, the newly married couple returned to· Ambala. J aipal Kaur stayed on in the home of her parents and Amrik Singh went back to Madras, promising to return after a month and fetch her. During. the brief visit to Delhi, J aipal Kaur had not had the tIme or the opportunity to make the acquaintance of ~er husband. An Indian bride is proverbially shy, and dunng the twenty-four hours that she spent with him . there were only a few snatches of conversation, and hardly a do~en sentences were exchanged between the spouses. Nothm~, however, occurred to make her in any way apprehensIve of the future. Her husband conducted himself with admirable restraint, and showed the utmost consideration for her feelings. So, when he came. to fetch her towards the end of May, she accompanied him without hesitation, and during the long train journey to'Madras looked forward to having a new home and leading a ~omfortable life with a husband whose salary was three hmes that of her father's. At Avadi, Amrik Singh and his wife lived in a portion of a large house which had been let out to three different tenant~. A peon who worked in Amrik Singh's office came ill and did odd jobs in his spare time for a small extra. payment, ~nd the peon's wife did the cleaning and washmg-up. Jalpal Kaur possessed a gregarious temperament; she soon made friends with her neighbours and began to visit them during her idle moments while Amrik Singh was away in office. A few days after her arrival at Avadi she heard disqu~eting rumoUl:s about Amrik Singh and his manner of hvmg. The neighbours were at first reticent but when they realised that she was completely innocent' of her husban?'s true .nature, th~y t.old her that she was living in a fool s paradIse. Amnk Smgh, they informed her, had another wife living: and was the father of two children by her. The first Wife and her children were living with him before he went north to,;):narry Jaipal Kaur. They had

CHAN~

been sent away and weI for the time being to a moment of her entry in neighbours threw hints their very eyes, of worn stine visits to the hous Singh was capable of. she heard worried her, is believing and so far I was an exemplary hu for her in his love-mak her friends) was a fau] After some weeks a homesick and express her parents. The Ion! expense. but Amrik Sil her a ticket and put Ambala, Jaipal Kaur she had heard and c( misgivings. They rna not to believe everytb faith in the Wahegur Had He not protecte of the Muslims and bl culous manner? In 1 and in the company Kaur soon forgot the and the resilience of Amrik Singh wrotl letters 'became more her to come home j or not, whether he h had affairs with war victim of slanderou This summoning of flattering to her ego, side of her husband

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MAHATMA

CHANGE OF IDENTITY

ing, the newly married ,pal Kaur stayed on in rik Singh went back to a m.onth and fetch her. , Jmpal Kaur had not .make the acquaintance IS proverbially shy, and it she spent with him :)Dversation, and hardly I betwe~ the spouses. ke her III any way apsband conducted him. crowed the utmost Conhen he c:ame. to fetch cc{)mpamed him with. train journey to'Mad. v home and leading a hose salary was three vife lived in a portion out to three different , Amrik" Singh's office )a!e time for a small dld the cleaning and a gregarious tempera_ her neighbours and loments while Amrik \.vadi she heard disand his manner of t reticent, but when mnocent of her hus. t she was living in a lformed her, had an. . of two children by ",ere living with him !! Kaur. They had 1

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been sent away and were obviously being kept out of siglit for the time being to avoid an ugly situation at the very moment of her entry into Amrik Singh's household. The neighbours threw hints of other things that .vent on under their very eyes, of women of a certain type paying clandestine visits to the house and the carryings on that Amrik Singh was capable of. Jaipal Kaur was upset, and what she heard worried her, but she told herself that only seeing is believing and so far she had seen nothing. Amrik Singh was an exemplary husband, perhaps a little too ardent for her in his love-making, but this (so she had heard from her friends) was a fault on the right side. After some weeks at Avadi, Jaipal Kaur began to feel homesick and expressed a desire to pay a short visit to her parents. The long journey to Ambala meant a heavy expense, but Amrik Singh raised no objection. He bought her a ticket and put her on the train going north. At Ambala, Jaipal Kaur spoke to her parents of the rumours' she had heard and communicated to them her fears and misgivings. They made light of the matter and told her not to believe everything she heard. As long as she had faith in the Waheguru, no one could do her any inj~ry. Had He not protected them from the murderous kmves of the Muslims and brought them to safety in a most miraculous manner? In the familiar atmosphere of her home and in the company of her brothers and sisters, J aipa\ Kaur soon forgot the idle chatter of her Avadi neighbours, and the resilience of youth restored her spirits. Amrik Singh wrote, asking her to return to Avadi. ~Iis letters 'became more insistent. He sent telegrams urgmg her to come home immediately. Whether he loved her or not, whether he had a prevjou~ wife and children and had affairs with women of easy VIrtue or was merely the victim of slanderous tongues, he certainly wanted her. This summoning of her so urgently and persistently was flattering to her ego. Besides, a woman's place is· by th~ side of her husband. So Jaipal Kaur returned to Avadl,

148

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THE MURDER OF THE MAHATMA

towards the end of August, and arrived there on Tuesday_ the 30th August, 1949. At the railway station she was received by Amrik Singh's brother-in-law and was taken home. There she found everything changed. A woman who called herself Baljeet and her two little boys were in possession of the house. Baljeet was the name by which the neighbours had referred to Amrik Singh's first wife, and it was her brother who had received Jaipal Kaur at the railway station. Baljeet admitted that she was married to Amrik Singh and that he was the father of the two little boys. Amrik Singh was no longer the polite honeytongued bridegroom of her first acquaintance. He was no longer concerned with her comfort or happiness. He showed her no consideration at all and treated her like a chattel which he had acquired for the satisfaction of his needs. Instead of making kind enquiries about her long and tiresome journey, he charged her with being disobedient and obstinate. He reminded her that he had to send her five telegrams before she condescended to come. This was certainly not how he expected his wife to behave. Jaipal Kaur asked him about Baljeet and the two boys. He replied that Baljeet was his cousin-the daughter of his mother's brother, and had every right to stay in his house. When Jaipa\ Kaur pursued the matter further and accused him of being a liar and a deceitful person, he told her to shut up and mind her own business or he would beat her black and blue. Baljeet's brother joined in these threats. He discovered two post-cards which she had written to her people and tore them up. He told her that if she wrote again she would pay for the offence with her life. Amrik Singh enforced his marital rights, and if she refused her person or made excuses he beat her. All this happened within the space of two or three days. This sudden and calamitous change in her way of life frightened and horrified her. She found herself unable to cope with the situation, and decided to run away from

it. Her co-wife Ba her safety, and if s would most certainI: 'lrrival she wrote th Amrik Singh B.A Civil Gazette

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My dearly respec1 Sat Siri Akal. 30th. Kanwar's· tion. Baljeet an( me why I hadn't, five telegrams. C ras by the 10.15 morning at eight Kanwar's brothel in great distress. Monday, I shall, the station, both post-cards, one massiji. Before in-law discovered I ever show a des kill me. Love t( to Rani, Goodi 3 uncle and to gral secret. Your eJ On Monday she

Tuesday, the 6th S, vigilance of her hu bound train. Her almost at once, an( in his office at 1 p

,~

MAHATMA

. rived there on Tuesday. railway station she was 'r-in-law and was taken anged. A woman who little boys were in posthe name by which the ~ Singh's first wife and ved Jaipal Kaur ~t the ! that she was married the father of the two longer. the polite honeyacquaIntance. He was Ifort or happiness. He . and treated her like a . the satisfaction of his lquiries about her long her with being disobed her that he had to condescended to come. c~ed his wife to behave. lJ~t and the two boys. )usl~-the daughter of ry nght to stay in his the matter further and eceit!ul person, he told bUSIness or he would brother joined in these -cards which she had up. He told her that lr the offence with her rital rights, and if she ; he beat her. ~ o~ two or three days. ~e In her way of life found herself unable :1ed to run away from

CHANGE OF IDENTITY

149

it. Her co-wife Baljeet told her that in flight alone lay her safety, and if she stayed much longer Amrik Singh would most certainly kill her. On the fourth day of her
3 September 1949

My dearly respected Mother and Father, Sat Siri Akal. I arrived in Madras on Tuesday the 30th. Kanwar's brother-in-law received me at the station. Baljeet and both her boys are here. He asked me why I hadn't come earlier in spite of his sending me five telegrams. On Monday morning I shall leave Madras by the 10.15 train and reach Delhi on Wednesday morning at eight. I shall go to catch my train after Kanwar's brother-in-law has left for his office. I am in great distress. If for some reason I cannot leave on Monday, I shall certainly come on Tuesday. Come to the station, both of you, to receive me. I wrote two post-cards, one addressed to you and the ~ther to massiji. Before I could post them, Kanwar's orotherin-law discovered them and tore them up. He says if I ever show a desire to write a letter to Ambala, he will kill me. Love to Kanwar, Ujagar and Mohinder, love to Rani, Goodi and J asbir. Sat SUi Akal to aunt and uncle and to grandmother and Sita. Keep this letter a secret. Your exiled and unfortunate daughter, PAL. On Monday she could not make a get-away, but on Tuesday, the 6th September, she succeeded in eluding the vigilance of her husband's relatives and boarded a northbound train. Her absence from the house was discovered almost at once, and information was sent to Amrik Singh in his office at 1 p.m.

CH f 50

THE MURDER OF THE MAHATMA

He knew exactly how to deal with the situation and acted quickly. He made enquiries about plane timings and looked up the railway time-table. He found that he could fly to Bhopal on the following day and arrive there in ample time to meet the train in which Jaipal Kaur was travelling. He took three days' leave and booked a seat on the plane going to Bhopal on the 7th. He sent a report to the police that his wife Jaipal Kaur had run away and taken with her Baljeet's jewellery, ornaments and silk clothes worth Rs. 5,000/- He sent a telegram to Labh Singh that his daughter was a thief and that he had placed the matter in the hands of the police. Having laid his plans, he went home to rest and savour the joy of anticipation. He had nothing more to do till the next morning. Everything happened as he had planned. A defeated and horror-struck Jaipal Kaur was taken off the train at Bhopal and brought back to A vadi. The matter of the alleged theft was dropped, and a strict watch was kept over JaipaJ Kaur's movements. Her eIder sister's husband came rushing from Delhi followed by her father, Labh SI.ngh, and his two other sons-in-law. They were worried 'by the sudden and mysterious turn of events. JaipaJ Kaur had written to say she was coming home, but had failed to arrive. Instead there was Amrik Singh's telegram accusing her of theft and desertion. The family was distressed by the thought of criminal prosecution and wanted to Imow what exactly had happened. But no one was allowed to see Jaipal Kaur. Amrik Singh told Labh Singh that things had been smoothed over, his daughter had left the house in a fit of tantrums, but he had brought her back and she was quite content to stay where she was. She was a little upset emotionally, at the moment, and it wouldn't do anybody any good if she were asked to come put and talk to her relations. He made a solemn promise to take her to Ambala in December. Labh Singh caught a momentary glimpse of his daughter from the door. She caUcd out to him, but Amrik Singh and his brother-in-

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law intervened and morning he. returne hoping agalllst hot: the relations betwe improve. Then followed a for Jaipal K~ur. . 'ng expressIOn t ~Vl ~t t It was not 01 en to post her letters" intercepted and r the police from .L trial and read III heart of her help] father and broth~ Babooji, the yOU asked his station. He ~( mise. BabooJ to have a WOf! and I held m: speak to you. permitted to ~ thought that go to the stat chance of sP( the roorning, 1 -to see you. . in his bed. and took ~is he was gOlllg On this pret' ed at five c would not! wanted to g to roe.

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; ith the situation and about plane timings ~. He found that he ~ay a~d arrive there 11ch Jalpal Kaur was 'e and booked a seat 'tho He sent a report Ir had run away and ornaments and silk a telegram to Labh d that he had placed :e. Having laid his .ur the joy of antici111 the next morning. IUned. A defeated ,ken off the train at . The matter of the Ict watch was kept elder sister's hus~ed by her father, m-Iaw. They were lUS t~rn of events. s commg home, but w
CHANGE OF IDENTITY

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151

law intervened and hustled Labh Singh away. The next morning he returned home to Ambala, not reassured but hoping against hope that better sense would prevail and the relations between his daughter and son-in-law would improve. Then followed a period of persecution and ill-treatment for J aipal Kaur. She wrqte home an occasional letter giving expression to the suffering and anguish of her soul. It was not often that she could contrive the opportunity to post her letters, and any replies that she receivel1 were intercepted and read. Four of her letters' recovered by the police from Labh Singh's house were produced at the trial and read in evidence. They must have wrung the heart of her helpless parents. Soon after the visit of her father and brother-in-law, she wrote: Babooji, the day you came to Avadi in the evening, you asked his brother-in-law to take me to the railway station. He replied he would. This was a false promise. Babooji. I called out to you on the verandah to have a word with you but his brother-in-law arrived and I held my tongue. I had no opportunity even to speak to you. I knew beforehand that I would not be permitted to go to the railway station to ·see you. but I thought that since his brother-in-law had promised to go to the station and take me with him, I might gt!\: a chance of speaking to you. But when he woke up in ,the morning, he said he .was unwell and would not go to see you. Even at half-past eight, he continued to be in his bed. At a quarter to nine he got up, bathed and took his tea. He was ready at nine. He to,d me he was going to the hospital to have his arm examined. On this pretext he left the house for office and returned at five o'clock. In the morning he had said he would not go to the office. I kept on saying that I wanted to go and see my Babooji, but no one listened to me.

152

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THE MURDER OF THE MAHATMA

Babooji. he always asks me if I want to go to Ambala. If I say yes. he makes me suffer for it. Babooji. as long as I am here I cannot say that I want to go to Ambala. With folded hands you should pray that he be ~ransferred. so that I may get an opportunity of commg to Ambala. Babooji. I am sure the man is a cheat and knows how to deceive people. It is false that .Baljeet . is his cousin. On the contrary she is mamed to hIm. They have a house in Hoshiarpur in Arya Nagar near the hospital, you can make enquiries yourself. Don't reply to this letter. No one should know that I have seni it. Sat S"Iri! Akal to auntie and uncle and Sita. Love to Goodi, Rani and Bir. love to Kanwar. Ujagar and Mohinder. Lots of love to Kanwar and Ujagar. I miss Kanwar and Ujagar very ~uch. Don't fail to write how Bhabiji is. Babooji. if hIS brother-in-law forces me to write to you or to Mohind~r, do not reply. He says to my relatives that I. Pal, am hIS only wife and not Baljeet. To Baljeet's relatives he says that Pal is not married to him. His brother-inlaw says that he will never let me go to Ambala. Babooji, if it lay in my power, I would have flown to you and poured out my grief. but that is beyond my power. Had I known that he would make a false report !o the police against me and travel by aeroplane to brmg me back I would not have left Avadi. I am grief stricken that on my accoun~ you have tp suffer so much. I am the cause of Bhabiji's illness. Sat SUi Aka} to all. Write about Bhabiji. Forgive me my wrongs. Your exiled daughter Pal. A month later she wrote again: . . . His brother-in-law politely asks me if I wish to leave this place for ever or give up my parents. If I ~ay that I would like to go to Ambala. he starts beatmg me mercilessly and says that he will cut off my hands and feet if I so much as mention Ambala .... If

CHANGE OF

I dare to speak of going h kicking me. He beats mt boots. Babooji, he loves no so long as he can satisfy h wish. he disowns even his re be transferred as in this 0 make love to a new girl ev' out. Babooji, send him. a that he sends me to you. to a year. Don't reply to without his knowledg~. I lots of my love to Kanwar, to Rani, Bir, J as and Goe he never speaks the truth. to cheat and to lie. Ba should commit suicide, bl Ujagar does not allo)N m( could see Kanwar and U am in great trouble. Sat S exiled and for ever parted Her next letter was sent 0 ... Babooji he says to the whole of my life with do this, I shall leave him. back home he beats me. letter I sent you and bea He slapped me and kick that I was sold by my I also forced me to write th~ someone else, but my f money, -married me to. 'h; at first I refused to WrIte till I agreed. Babooji yo that Bhabiji is ill and, Take me away from 1 something whiCh willma

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THE MAHATMA

CHANGE OF IDENTITY ,

Ie if I want to go to AmbaIa. . : suffer for it. Babooji. as t say that I want to go to is you sbould pray that he ~~y get an opportunity of 'Jl. I am sure the man is a leceive people. It is false On the contrary she is : a house in Hoshiarpur in i!. you can make enquiries lIS letter. No one should at S'ni Akal to auntie and )di. Rani and Bir. love to . ier. Lots of love to Kan[(anwar .~~? Ujagar very )w ~hablJl 1S. Babooji. if ) wnte to you or to Mohinny relatives that I. Pal. am . To Baljeet's relatives he to him. His brother-in: let me go to Ambala. !r. I would have flown to f. but 'that is beyond my e would make a false re, and travel by aeroplane ,t have left Avadi. I am :ount you have to suffer Bhabiji's illness. 'Sat SUi :habiji. Forgive me my r Pal.'

1: ely asks me if I wish to ve up my parents. If I AmbaIa. he starts beathat~e will cut off my mentIOn Ambala. ~ .. If

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153

I dare to speak of going home, he starts slapping and kicking me. He beats m~ with his fists, sticks and boots. Babooji, he loves no one. He likes a person only so long as he can satisfy his lust, if he cannot get his, wish. he disowns even his relatives. He does not wish to be transferred as in this out of the way place he can make love to a new girl every day without being found out. Babooji, send him. a polite letter immediately so that he sends me to you. Each day of mine is equal to a year. Don't reply to this letter. I am writing it without his knowledge. I miss Kanwar, Ujagar. Give lots of my love to Kanwar, Ujagar and Mohinder, love to Rani, Bir, Jas and Goodi, Sat Sid Aka!. Bab?oji, he never speaks the truth. He knows only two t~Illgs, to cheat and to lie. Babooji, sometimes I thmk I should commit suicide, but the love of Kanwar and Ujagar does not allow me to do anything. I wisJ! I could see Kanwar and Ujagar just once. Babooji I am in great trouble. Sat SiTi Aka!. Your unfortunate. exiled and for ever parted daughter, Pal.

I,

Her next letter was sent only a few days later. ... Babooji he says to me that I shall have to pass the whole of my life with Baljeet. He says if I cannot do this, I shall leave him. If I say he should send me back home he beats me. He came to know of the letter I sent you and beat me with shoes and sticks. He slapped me and kicked me. He made me write that I was sold by my parents for Rs. 3,000/-. He. also forced me to write that before my marriage I loved someone else. but mv father had. for the sake of money,· married ine to' 'him'. (Amrik Singh). Babooji. at first I refused to write these things, but he beat me till I agreed. Babooji you should write in every letter that Bhabiji is ill and' wants very much to see P~l. Take me away from this :place somehow. WrIte something which will make him send me to Ambala. M.M.-
154

THE MURDER OF THE MAHATMA

I am utterly miserable here. ,If I live here for two Wh.en . I months more my health will break down. get lip in the morning I feel giddy. I have a pam l!l my sides and darkness comes before my ~yes. ~s mother says she does not ~ow if.I am mamed ~o hIm or if he abducted me and IS keepmg me as a mIstress. He says to her that he will get his pleasure from me as long as I have my youth and when I am ~o longer young, he will tum me out. He won't admIt to anyone that he married me. . . . Jaipal Kaur was pregnant when s~e wrote ~is .letter. and the strain of her life at A vadl was begmnmg to undermine her health and her spirits. Amrik S~ngh was behaving more and more like a savage. barbarIan, He drank heavily and brought women of Ill-repute to the house. The false confessions he had forced out of her added t01 the power he wielded over her. He beat her and threatened to expose her. She found some photographs of him in compromising positions' with other women and surreptitiously sent them. to her fath~r. She thought blackmail must be met WIth blacIcn:aI1.. ~he hated him she hated the child now rapidly growmg InsIde, her. In her father's house her whole emotional life had revolved round her brothers and sisters. and she remembered them now with a feeling of tragic despair. for she could see no way of escape from her life at Avadi. ~he hoped against hope that her father would do somethmg. c work some miracle whereby she would be saved. Her" last letter from Avadi is the cry of a broken heart. It i was sent on November 21. 1949. , ': My dearly respected Bhabiji and Babooji. , t; Sat Sid Akal. I received your letter yesterday....1 ft felt very sad on reading of Bhabiji's illness. BhabIJI. he does not want to send me to Ambala because he thinks my parents will do him some harm. He says

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Bhabiji is not really ill : get me back. He will w , that he cannot let" me go me. Do not believe him. tinue writing to him agai send me. Do not say I sending you two photogn them safe. So long ,as I these photos and negativ to Ambala, he beats me has been shattered. Lov miss them very much. Don't show the photos an comes to know of them hI a hundred thousand thiJ Much love to Kanwar daughter. Don't say a word abot him. During the next few week before; there seemed to be J Jaipal Kaur's mortified spiJ the constant impact of pain • she had almost despaired horrible prison of her husb. to return home and regain h jeet. her co-wife. offered t< actuated solely by hum ani though the probabilities are played a not unimportant pa: Singh's mother was no lange jeet's brother was also away. Kaur should leave Avadi, or and go to Burhanpur. where was living, and after a few to Ambala. Amrik Singh VI

1

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ere. If I live here for two will break down. When I · ·eel giddy. I have a pain i.n :omes before my eyes. His {now if I am married to him is keeping me as a mistress. I get his pleasure from me as I and when I am no longer · ut. He won't admit to any-

155

Bhabiji is not really ill and this is only an excuse to get me back. He will write you many letters and say that he cannot let me go alone or that it is too cold for me. Do not believe him. Keep his letters safely. Continue writing to him again and again and say he must send me. Do not say I have written to you. I am sending you two photographs and two negatives. K~p them safe. So long ,as I am with him do not ment~on these photos and negatives. When I speak of gomg to Ambala, he beats me and abuses me. My health has been shattered. Love to Kanwar and Ujagar. I miss them very much. Love to Jas, Rani and Bir. Don't show the photos and negatives to anyone: If pe <.:omes to know of them he will beat me. He wIll wnte a hundred thousand things, but don't believe him. Much love to Kanwar and Ujagar. Your exiled daughter, . Don't say a word about the photos. . Don't believe him.

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: when she wrote this letter, • at Avadi was beginning to •er spirits. Amrik Singh was ke a savage barbarian, He women of ill-repute to the IS he had forced out of her [ded over her. He beat her er. She found some photomising positions' with other .ent them to her father. She !: met._with blackmail. She d now rapidly growing inside ler whole emotional life had . and sisters, and she rememing of tragic despair, for she :from her life at A vadi. She . father would do something, , she would be saved. Her e cry of a broken heart. It

During the next few weeks life at A vadi continued as before;. there seemed to be no prospect of a change and Jaipal Kaur's mortified ~pirit was b~oming ~nured to the constant impact of pam and suffermg.· But Just when she had almost despaired of ever escaping from t?e horrible prison of her husband's house, the opportumty to return home and regain her sanity came to her. Baljeet, her co-wife, offered to help her.. Th~t she .was actuated solely by humanitarian motives IS J;losslble. though the probabilities are that an element. of Jealou~y 1949. played a not unimportant part in t~e p.roceedmgs. Amnk Singh's mother was no longer staymg m the house; J?aJlabiji and Babooji, jeet's brother was also away. It was planned that Jalpal Kaur should leave Avadi, on the morning of January 8, ,ed your letter yesterday .. )f Bhabiji's illness. BhablJl,;; and go to Burhanpur, where one of her married sisters I me to Ambala because he was living, and after a few days at Burhanpur proceed ) him some harm. He says t to Ambala. Amrik Singh would know nothing of her

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THE MURDER OF THE MAHATMA

escape till late in the evening when he came home from office and if he tried to follow her by plane he would not find her on the train at Bhopal. Once she was with her sister she would be safe, an-d a thousand Amrik Singhs could not drag her away. . On the evening of January 7 she wrote two letters ~!f1g the Hindi script instead of the usual and more familIar Gurmukhi in which she corresponded with her people. Both letters were in identical terms. One was addressed to the Deputy Commissioner of Madras and the other ~o the Inspector of Police. This is what she wrote:

it is submitted that Sardar Arorik Singh deceived

I.

my parents and told them that he was a bachelor and had no relatives living. because all of them had been murdered in Pakistan. He said he was a man of good character, and thus prevailed upon -my parents to ~ive my hand in 'marriage to him. On coming to Avadl, I learnt that he already had a wife and children who lived with him. His relatives are alive, he is a man of bad character. Whenever I express a desire to go home to my parents, he beats me mercilessly. My father and brother came to fetch me, but he refused to let me go. He kept me locked up and did not permit me even !o speak to them. He promised to send me home, 10 DecenIber, and to treat me more kindly, but he continued to beat me and abm~e me as before. He does not allow me to go home because he is afraid my father will start a case of cheating against him. If I speak , of going to my parents, he shows me his gun and says he will shoot me. He says if my father comes.to fetch me he will shoot him also. I am in constant danger of my life. Please cancel his revolver li~nce. He ~eeps I' me in his house like a prisoner. He WIll not permIt me to write to my parents. He threatens me and says that if I leave his house without informing him he will make a false report to the police against me. I have been

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waiting for an opportr has come. My mothe] months. My father sec but they were not ShOWl full knowledge of his , dissuade me and stop 1l taking with me only th not taking anything eh taken against me. dal

R.E The two letters were J aipaI Kaur left Avadi, would come to Baljeet fo escape, and the authoritie Amrik Sing,.~'s true thara and persecuting the unha) Jaipal Kaur arrived at on the way. She had sel a wayside halt, and her i to receive her. She had ~ she was doing. After a \I her journey to Ambala. brated with much weepin; of affectionate hugging. . tale of her misfortune an1 never go back to her d( she was content to spend who really loved her, eve] But there was no peac the very next day Amri the restitution of his wiJ Singh's door and made collected in the street. I and told him that his sa, heart and she was not wi

THE MAHATMA

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, ~ when he came home from , ~ her by plane he would not )al. Once she was with her :I a thousand Amrik Singhs 7 she wrote two letters using he usual and more familiar . responded with her people. . ierms. One was addressed of Madras and the other to is is what sht wrote: ( . rdar Amrik Singh deceived that he was a bachelor and cause all of them had been . said he was a man of good .ed upon .my parents to give im. On coming to A vadi, I d a wife and children who ves are alive, he is a man of [ express a desire to go home '. mercilessly. My father and but he refused to let me go. I did not permit me even to lised to send me home, in .e more kindly, but he conU8e me as before. He does ecause heis afraid my father ng against him. If I speak : shows his gun and says ; if my father comes.to fetch . I am in constant danger of revolver licence. He keeps ~ )ner. He will not permit me f e threatens me and says that i; I'! : informing him he will make [: :e against me. I have been Ii

me

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waiting for an opportunity, and now the opportunity has come. My mother has been ill for the last four months. My father sent many letters and te~egra~s, but they were not shown to me. I am now leavm~ WIth full knowledge of his wife and children. She tned to dissuade me and stop me but I refused to s~ay. I am taking with me only the clothes I am weanng. I am not taking anything else and so no action should be taken against me. JAIPAL KAUR daughter of Sardar Labh Singh R. K. Office, AD.C. Ambala City. The two letters were posted on the 8th, just before J aipal Kaur left Avadi, and she hoped that no harm would come to Baljeet for her complicity in the pian for escape, and the authorities would have the wisdom to ?ep, Amrik Singh's true character lI;n~ forbea~ from ~ursumg and persecuting the unhappy VIctIm of hIS brutalIty: Jaipal Kaur arrived at Burhanpur without any mIshap on the way. She had sent a telegram to her sister fr?m a wayside haIt, and her sister was at the railway statIOn to receive her. She had also informed her father of .what she was doing. After a week at Burhanpur she contmued her journey to Ambala. The family reunion was celebrated with much weeping and laughing and a great deal of affectionate hugging. J aipal Kaur poured out the long tale of her misfortune and suffering; she swore she would never go back to her deceitful and villainous husband; she was content to spend the rest of h.et: life. with ~ple who really loved her, even if it meant hvmg like a WIdow. But there was no peace for her even in Ambala. On the very next day Amrik Singh arrive? flnd demanded the restitution of his wife. He 'stood III front of Labh Singh's door and made such a clam.our that a. crowd collected in the street. Labh Singh trIed to put him off, and told him that his savage behaviour had broken Pal's heart and she was not willing to go back with him. On

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this Amrik Singh became even more noisy and importunate. Labh Singh begged him to go away, and said Pal would be sent to Madras after a few days as soon as she had recovered her health and her spirits. Amrik Singh went away, but he returned again two days later; and when Jaipal Kaur refused to see him he shouted at Labh Singh and threatened the whole household. He stood n~ar. the door flourishing a revolver and alternately pomtlllg it at Labh Sino-h and his wife. Labh Singh maintained his hold on sarrity. He spoke calmly b~t firmly, and told Amrik Singh to go away and keep hIS revolver safe. 'Remember,' he said, '1 am Pal's father.' She has a right to be here, and there is no cause for all this noise and abuse.' . Amrik Singh returned to Madras, but Labh Singh anticipated fur.ther trouble. He had a lurking fear that his ~rafty son-~n-Iaw would return to the ~harge after devismg a. cunnlllg plan of attack, and employ some new and effectIve weapon. To afford himself some measure of protection against the possibility of further machination, he went to the police on January 30 and lodged a forma1 complaint. He related the circumstances in whch his daughter had been married to Amrik· Singh, the fraud played by him upon the whole family, the subsequent illtreatment of Jaipal Kaur at Madras and her escape from there. He concluded by saying that he and his daughter apprehended danger to their persons and he would take legal proceedings against Amrik Singh. ,Labh Singh did not ask the police to intervene at that stage, nor would the police have been prepared to do anyt~ing. They looked upon the matter as a purely domestIc quarrel. A wife had run away from her husband and come home to her parents. Such things happened every day, all over the world. Labh Singh's complaint was prob~bly nothing more than an attempt to create evidence m hiS own favour and forestall his son-in-Iaw's next move. For the moment Amrik Singh was in Madras

I

and Jaipal Kaur was salf( port was recorded and flIt Before a fortnight had in Ambala. He now refu the house every day and s; of himself. On February sat till 11 p.m. The ne: changed his mood from t ent. One moment he rea was up and shouting, utte revolver. He promised to Kaur more kindly. She '" complaint, he said. Wb hesitated and J aipal Kau to him, he lost his tempel for no more than his rigr her husband. On t{le 1~ 6.30 a.m. and declared th head, and he would not Kaur accompanied him. Labh Singh did his be: reason with him. He offc gested that the matter be brotherhood. To this Al 1y agreed. Labh Singh, friends and re1ationsand, ; to collect seven or eight fidence and whose judgm( assembly was in session Amrik Singh demanded tl and present herself befon Kaur was not at home. back door the moment s and had taken refuge in Singh maintained that he and that he would accept 1 Amrik Singh insisted that

THE MAHATMA

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more noisy and importuto go away, and said Pal , a few days as soon as she her spirits. he returned again two days ~fused to see him he shoutened the whole household. · ourishing a revolver and Singh and his wife·. Labh . sanity. He spoke calmly mgh to go away and keep · er,' he said, '1 am Pal's · here, and there is no cause

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ldras, but Labh Singh antilad a lurking fear that his 1 to the ~harge after devisand employ some new and himself some measure of ity of further machination. try 30 and lodged a formal ·:ircumstances in whch his o Amrik· Singh, the fraud : family, the subsequent ill[adras and her escape from ·g that he and his daughter Jersons and he would take ik Singh. policeto intervene at that e been prepared to do anymatter as a purely domesway from her husband and uch things happened every bh Singh's complaint was attempt to create evidence ;tall his son-jn-Iaw's· next rik Singh was in Madras

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and Jaipal Kaur was setfe with her parents. So the report was recorded and filed. Before a fortnight had passed Amrik Singh was back in Ambala. He now refused to be put off, and came to the house every day and sat for hours making a nuisance of himself. On February 12 he came in the morning and sat till 11 p.m. The next day he sat till 8 p.m. He changed his mood from the conciliatory to the belligerent. One moment he reasoned and argued, the next he was up and shouting, uttering threats and flourishing his revolver. He promised to make amends and treat Jaipal Kaur more kindly. She would have no further cause for complaint, he said. When he saw that Labh Singh hesitated and J aipal Kaur flatly refused even to speak to him, he lost his temper and exclaimed he was asking for no more than his right, and a wife's place was with her husband. On the 15th he arrived at the house ~t 6.30 a.m. and declared that matters had now come to a head, and he would not leave the house unless Jaipal Kaur accompanied him. Labh Singh did his best to pacify his son-in-law and reason with him. He offered him a cup of tea and suggested that the matter be decided in the presence of the brotherhood. To this Amrik Singh somewhat reluctantly agreed. Labh Singh, accordingly, went to call his friends and relations and, as it was a Sunday, he was able to collect seven· or eight persons in whom he had confidence and whose judgment he trusted. As soon as the assembly was in session, in Labh Singh's courtyard, Amrik Singh demanded that J aipal Kaur should appear and present herself before the brotherhood. But Jaipal Kaur was not at home. She had left the house by the back door the moment she heard Amrik Singh arrive, and had taken refuge in the house of a friend. Labh Singh maintained that her presence was not necessary, and that he would accept the decision of the brotherhood. Amrik Singh insisted that Jaipal Kaur be sent for.

161)

A message was sent to her, and Jaipal Kaur arrived within a few minutes. A hush fell over the assembly and no one stirred or spoke as she walked across the courtyard, and, going half-way up the staircase leading to the first fio:or, sat down on one of the steps, a picture of disconsolate sorrow, suppressed anger and intense suffering. From where she sat, the courtyard was visible and she could see and hear what her judges were doing. There as a long moment of intense expectation, and then the ~llence was shattered by Amrik Singh's voice exploding m a tone of querulous enquiry. 'Are you ready to come home with me?' !aipal Kaur replied, with tears of anger choking her VOIce, that she would not accompany him unless he mended his ways. At this reply, Amrik Singh's wrath swelled and burst out. Turning to the assembly, he de~::tnded a decision in his favour. He called upon Labh Sm~h to deliver up his wife to him. Labh Singh temponsed. He appealed to the brotherhood, he asked his so~-in-Iaw to remain calm, and finally promised to send JaJpal Kaur to Madras after a few days. He said he would keep his word. . !hinking that the proceedings had come to an end, JaJpal Kaur got up and turned round to go upstairs. Amrik Singh had by now worked himself up into a veritable frenzy, and when he saw her move his fury broke loose. He barked out a peremptory 'stop', and as J aipal Kaur half turned to look at him over her shoulder he whipped out a Webley Scott revolver from the pocket of his army overcoat and fired a shot in her direction. The bullet passed through her right arm and entered her chest. Uttering a low moan, she crumpled up and collapsed on the stair. For at ?firidef tmhomehnt t~e medmbers °df thehbdrotheAmrho~dk were pe n e, en t ey Jumpe up an rus e at n Singh. But he was too quick for them. He lowered his revolver and, pointing it at them, fired three shots in quick

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succession. Amar Nath, a was nearest, received a bull He wheeled round and fled and leaving a thin trail 0 Singh was just behind Ame in the chest and in the abc spot and lay still, apparentl in different directions, SOID< some seeking shelter behin( up the steps to the saJfety their backs were turned an than three or four steps th< of them; turning round, sa, the ground. But he did no! of this extraordinary deve}, fOf the time being, and fa Nirma.l Singh, another had run into the kitchen fired. He came out when held the scene of devasta Kaut lay on the steps, hali mo,aning in a state of se lay silent and motionless To all appearances he wa Amrik Singh. His face ' small dark pool. was fOl head. He, too, had the ; few curious faces were pe out to the street. Leaving the carnage l sp'.:.'Ctators, Nirmal Singh made a full report of t giste.red a case of three tempted suicide, and a 8' Inspt'.A':tor, two head cons' ed with rifles, proceeded charge of the situation al

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ler, and JaipaI Kaur arrived Ish fell over the assembly and she walked across the courtp the staircase leading to the of the steps, a picture of disI anger and intense suffering. lUrtyard was visible and she ·.!r judges were doing. There •Ise expectation, and then the ?rik Singh's voice exploding Iry. lome with meT , tears of anger choking her • accompany him unless he reply, Amrik Singh's wrath ling to the assembly, he de{Our. He cal1ed upon Labh • to him. Labh Singh tem~ brotherhood, he asked his md finally promised to send r a few days. He said he lings had come to an end, med round to go upstairs. worked himself up into a he saw her move his fury a peremptory 'stop', and as :>k at him over her shoulder ltt revolver from the pocket ed a shot in her direction. ler right arm and entered wan, she crumpled up and 'embers of the brotherhood ,ed up and rushed at Amrik for them. He lowered his m, fired three shots in quick

CHANGE OF IDENTITY

161

succession. Amar Nath, a friend of Labh Singh, who was nearest, received a buHet in the centre of his chest. He wheeled round and fled through the door, screaming and leaving a thin trail of blood behind him. Labh Singh was just behind Amar Nath. He was hit twiooin the chest and in the abdomen. He fell down on the spot and lay still, apparently dead. The others now fled in different directions, some running out into the street, some seeking shelter behind the door and some running up the steps to the safety of tre upper storey. While their backs were turned and before they had gone more' than three or four steps they heard two more shots. One of them, turning round, saw Amrik Singh lying prone on the ground. But he did not stop to enquire into the cause of this extraordinary development. He had seen enough for the time being, and ran all the way home. Nirmal Singh, another member of the brotherhood, had run into the kitchen as soon as the first shot was fired. He came out when everything was quiet and lJe.. held the scene of devastation in the courtyard. J aipal Kant lay on the steps, half-way up the staircase; she was moaning in a state of semi-consciousness. Labh Singh lay silent and motionless in the centre of the courtyard. To all appearances he was dead. Not far from him Jay Amrik Singh. His face was covered with blood and a small dark pool was forming on the ground near his head. He, too, had the appearance of a dead man. A few curious faces were peering from the doorway leading out to the street. Leaving the carnage under the watchful eyes of the spectators, Nirmal Singh went to the police station and made a full report of the occurr~nce. The police registered a case of three attempted murders and an attempted suicide, and a strong force consisting of a SubInspector, two head constables and four constables, armed with rifles, proceeded to Labh Singh's house to take charge of the situation and enquire into the matter.

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There was nothing much to enquire into. No elaborate investigation was necessary. The case was simple and straightforward. All the evidence was readily available. and the offender was on the spot, waiting to be taken into custody. Sub-Inspector Inder Singh could not have wished for an easier job. He set about preparing the usual papers and writing the case diary. All the injured persons were alive, though the condition of Labh Singh was precarious and he was not expected to survive. He succumbed to his injuries in the early hours of the following day, a:fter he had made a brief statement about the incident. Amar Nath's injury did not prove serious. The bullet had entered the right side of his chest, a little below the collar bone, and on reaching home he suffered intense mental agony. The doctor who examined him soon afterwards said in his medico-legal report that the patient was in a state of shock. The injury healed after a few days. J aipal' Kaur also suffered f~om shock; the bullet had passed through her right arm, leaving a wound of entry and a wound of exit and entered the right side of her body below the armpit. Her condition was considered serious, particularly because she was with child-her pregnancy being now five months' old. She suffered a miscarriage within a few days of the occurrence, and her recovery was so slow that, for nearly seven months, she lay in hospital unable to pursue the normal course of her life. Amrik Singh's injuries were not serious. There was no doubt that he had intended to kill himself. but either the intensity of his passion shook his hand or the overpowering instinct of self-preservation unconsciously deflected the aim of his weapon from a vital part of his body; the fact remains that he suffered very little damage from either of the two shots he had fired at himself. The doctor found four bullet wounds on his face, two of entry and two of exit. Both bullets passed through fleshy parts

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of the face, and no bones wounds on the chin one : complete track. The bul chin, travelled upwards i space of one inch and the] entered the left side of th jaw and came out in fro The distance between th. half inches, and they were The doctor who exami the statement of injuries" ous individuals who take ant details. He recorded giving the exact measurer tion, as also the distance ' the wound of exit in ea( Singh had an old scar 'OJ and 'a scar 1" X i" on These old scars were m( tion as is done on passp Singh had a scar on his doctor either failed to no sary to mention it in his of identification were q identity. As soon as Amrik Sir to, he expressed a desire to be taken belfore a m could be read out and t quent trial. It must be .Jaw, statements made tc cannot be used at the tri pose. Amrik Singh was magistrate of the first cIa: The story he narrated Wl a piece of pure fantas inserted a matrimonial

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, to enquire into. No elaborate . The case was simple and ridence was readily available, spot, waiting to be taken into : !r Singh could not have wishet about preparing the usual .. diary. All the injured percondition of Labh Singh was t expected to survive. He in the early hours of the nade a brief statement about .::>t prove serious. The bullet : his chest, a little below the Ig home he suffered intense , who examined him soon :dico-Iegal report that the ,ck. The injury healed after so suffered from shock; the her right ann, leaving a nd of exit and entered the the armpit. Her condition :ularly because she was with now five months' old. She 1 a' few days of the occuro slow that, for nearly seven Inable to pursue the normal : not serious. There was no ) kill hImself. but either the his hand or the overpowerlon uIlconsciously deflected I vital part of his body; the :I very little damage from fired at himself. The docon his face, two of entry passed through fleshy parts

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163

of the face, and no bones were broken. There were two wounds on the chin one inch apart, and connected by a complete track. The bullet had entered just below the chin, travelled upwards through the flesh for the short spa.ce of one inch and then left the body. The other bullet entered the left side of the face at the angle of the lower jaw and came out in front df the pinna of the left ear. The distance between the two wounds was three and a haIf inches, and they were connected by a complete track. The doctor who examined Amrik Singh and drew up the statement of injuries was one of those rare conscIentious individuals who take pains over what seem unimportant details. He recorded his observations very precisely, giving the exact measurements of injuries and their location, as also the distance between the wound of entry and the wound of exit in each case. He noted that Amnik Singh had an old scar 'on the centre of his left eyebrow' and 'a scar 1" X on the centre of the right shin'. These old scars were mentioned as marks of identification as is done on passports and identity cards. Amrik Singh had a scar on his right ring finger also, but the doctor either failed to notice it or did not think it necessary to mention it in his papers, thinking that two marks of identification were quite sufficient to establish his identity. As soon as Amrik Singh's injuries had been attend.ed to, he expressed a desire to make a statement. He asked to be taken before a magistrate, so that his statement could be read out and treated as evidence in the subsequent trial. It must be remembered that, according to .Iaw, statements made to the police during investigation cannot be used at the trial except for a very limited purpose. Amrik Singh was accordingly produced before a magistrate of the first class and asked what he had to say. The story he narrated was true in part only, the rest was a piece of pure fantasy. He admitted that he had inserted a matrimonial advertisement in The Tribune.

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but he denied that he had practised any fraud on anyone. He h:'ld quite frankly told Labh Singh that he was already marned and wanted to take a second wife. He met J~ipal Kaur in the Gurdwara and approved of her. The gut's mother, Ram Rakhi, told him that he would have to pay Rs. 2,000/- as Labh Singh's salary was very small and they were badly in need of money. The money was paid. The marriage took place, and he took J aipal Kaur for a day to Delhi. He then left her with her parents at Ambala. When he came back after a month he suspect~ ed t~at ~he had been unfaithful to him. At this stage Amnk Smgh gave an incredibly base and ignominious tum to his story: I called her mother in the morning. She put her veil round her neck and holding the two ends in the atti. tu?e of a confessing suppliant pleaded with me. She Said the honour of the family was in my hands. I replied that if she wanted to retain her honour, she should send her younger daughter Harbir Kaur also with me. This condition was agreed to. Taking the two girls with me I reached Madras on May 27, 1949. There I lived with both the sisters and cohabited with them. After two months I told them to go as I wanted to call my first wife. They accordingly left on the mo~ing of July 24, and on the same day, my first wife arnved. On the 31st July I sent a telegram to Labh Singh asking him to send Jaipal Kanr back. I sent four telegrams one after the other, but J aipal Kaur did not come. Afterwards she wrote to me that her sister Harbir Kaur had blurted out the whole story to her parents and they wanted Rs. 2,000/- for the younger girl. I said I would settle the matter later. I sent her sixty rupees for her fare and she came to Madras, on August 30. She at once began to demand Rs. 2,000/saying I should send the money to her father. When I refused, she ran .away, on September 6, while I was

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in office. She took vi: jewellery of my first wife He went on to say that h Bhopal, and Labh Singh had ras and demanded Rs. 2,OOC dent of J aipal Kaut's sew though according to him J: self gone to Madras to fet expression used in the sta1 Ambala, but Labh Singh Madras, and went back to 'I proceeded to Ambl went to their house, but ed to have me arrested thinking that matters wo three days. On Febrm nam Singh, I called· on tl house showered abuses ( till 10 p.m. when La' back the following mo J aipal Kaur over to IDI went to their house. were very polite, and tainly accompany me ( day at 7 a.m. I rea time they tried to put Wi to collect their relative! As soon as Jaipal Kaur gan to abuse me and Sooner than take J aipal my own sister, they said, she only abu(led me. I! was sitting in the stairs. to accompany me or s1 At this all the relati' me, and one of them

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lctis~ any fraud on anyone.

in office. She took with her the ornaments and jewellery of my first wife and some silk clothes. He went on to say that he had brought her back from Bhopal, and Labh Singh had a few days later come to Madras and demanded Rs. 2,000/- for Barbir KauL The incident of J aipal Kaut's second escape was then narrated, though according to him Jaipal Kaur's mother had herself gone to Madras to fetch her (,abduct her' was the expression used in the statement). He followed her to AmbaIa, but Labh Singh put him off; he returned to Madras, and went back to Ambala after a few days.

.bh Smgh that he was already :e a second wife. He met 1 and approved of her. The )ld him that he would have :ingh's salary was very small , of money. The money was .ce, and he took J aipal Kaur • left her with her parents at :k. after a. month he suspecthtul to hIm. At this staue libly base and ignominio~s

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morning. She put her veil g the two ends in the attiant pleaded with me. She mily was in my hands. I to retain her honour, she laughter Harbir Kaur also vas agreed to. Taking the I ~adras on May 27, 1949. . SIsters and cohabited with :oId them to go as I wanted ~y accordingly left on the the same day, my first wife I sent a telegram to Labh J aipal Kanr back. I sent other, bitt JaipaI Kaur did wrote to"'me that her sister ut the whole story to her s. 2,000/- for the younger Ie matter later. I sent her ,1 she came to Madras, on 5an to demand Rs. 2,000/)Dey to her father. When September 6, While I was

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. I proceeded to AmbaIa again on February 5. I went to their house, but they abused me and threatened to have me arrested by the police. I went back thinking that matters would right themseives in two or three days. On February 11, accompanied by Barnam Singh, I called on them again, but everyone in the house showered abuses on me. I waited at the house till 10 p.m. when Labh Singh told me to come back the following morning and promised to hand Jaipal Kaur over to me. So, the next day, I again went to their house. Ram Rakhi and Labh Singh were very polite, and said J aipal Kaur would certainly accompany me on the 15th. Accordingly today at 7 a.m. I reached their house. For some time they tried to put me off, and at 10 a.m. they began to collect their relatives and also called Jaipal Kaur. As soon as Jaipal Kaur came, she and her mother began to abuse me and told me to leave the house. Sooner than take J aipal Kaur with me I should marry my own sister, they said. When I turned to Jaipal Kaut she only abu~ed me. I got up and went up to where she was sitting in the stairs. Touching her feet, I asked her to accompany me or shoot me with my revolver. At this all the relatives who were present fell upon me, and one of them snatched the revolver from my

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hand and fired a shot at me, but fortunately he missed. The shot may have hit Jaipal Kaur. I ran and hid behind some charpoys. More shots were fired and some of them hit me on the lefft .cheek as I was lying on the ground. I cannot say how many bullets hit me. I be.came unconscious. When I regained my senses I saw a . large crowd and the police around me. Every word of this statement makes manifest the essentially base, perfidious and vicious nature of Amrik Singh. There ~as ample evidence to prove that Labh Singh neitner demanded nor received any monetary consideration for giving the band of his daughter in marriage~ Harbir Kaur never went to Madras, and it is unimaginable that the devout family of Labh Singh should have counteqanced the sin of her committing adultery with her own sister's husband so blatantly. The story of this horrible orgy was invented for no other purpose than to vilify and calumniate his unfortunate wife and her family. Finally the account of what took place in Labh Singh's house, on February 15, is so palpably absurd that it has only to be read to be disbelieved. Among the articles recovered from Amrik Singh's person was an identity card issued by the Army authorities. It had Amrik Singh's photograph affixed .to it, and it also bore the print of an impression taken from his left thumb. His height was stated to be 5 ft. 8 ins. A scar on the right ring finger was mentioned as the mark of identification. The card was attested and signed by Capt. K. V. Menon in token of its genuineness. It was not long before the police had concluded the enquiry and placed Amrik Singh on trial upon charges of Labh Singh's murder, the attempted murder of Jaipal K~ur and Amar Nath and attempted suicide. On the day eVIdence was to be examined, Amrik Singh presented an application to the court praying for an adjournment on the . ground that he was suffering from a heart attack and was

not in a fit state to take parl quest was rejected, and w magistrate observed that th( counsel and his condition die ponement of the hearing. Bl own luck. While he was b next hearing of the case a breaking away from his gual him his handcuffs and a lenl No one exactly knows how i those extraordinary events ' which nevertheless take plae enquiry, one or two penor were admonished, but the a, Singh had escaped, and all ef less. Amrik Singh's name was ed offenders, and circulated jab, Delhi and Madras. Tl called by the prosecution we the prisoner. Any of these in evidence at the trial (wh( Singh's re-arrest), if the del could not be secured for an r cord was complete, and ther f Amrik Singh. But where w t ever be hanged? For more than three yeal of Amrik Singh or his whel Singh, who was the officer i , station in 1950, was transfefl succeeded him. AJilrik Sin! the limbo of ancient histOl prominently displayed in t1 hanging in every police stat! stood when, shortly after June 1953, the telephone at

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~e, but fortunately he missed.

IpaI Kaur. I ran and hid be-. 'e shots were fired and some of cheek as I was lying on the · IV many bullets hit me. I be-. I regained my senses I saw a • e around me. · ~r:t makes manifest the essenCIOUS nature of Amrik Singh. prove that Labb. Singh neither monetary consideration for er in marriage. Harbir Kaur · it is unimaginable that the · 1 should .have counte.qanced lultery WIth her own sister's ory of this horrible orgy was e than to vilify and caium~d her family. . Finally the m Labh Smgh's house on bsurd that it has only t~ be ·1 from Amrik Singh's person y the Army authorities. It Ih affiXed .to it, and it also I ta~en from his left thumb. :. 8 ms. A scar on the right the mark of identification. ned by ,Capt. K. V. Menon .

police had concluded the 5h on trial upon charges of tempted murder of J aipal npted suicide. On the day Amrik Singh presented an for an adjournment on the Jm a heart attack and was

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not in a fit state to take part in the proceedings. This request was rejected, and while. recording his order the magistrate observed t~at t~e prIsoner was r~pr~sented by counsel and his conditIOn dId not appear to Justify a postponement of the hearing. But Arnrik Singh had the devil's own luck. While he was being brought to court for the next hearing of the ~ase against him, he succe.eded . in breaking away from hIS guards and es~ped, carrymg WIth him his handcuffs and a length of cham attached to them. No one exactly knows how it happened, but it. was. one of those extraordinary events which baffle the hlstonan hut which nevertheless take place. There was a departmental enquiry, one or two periions were censu~ed, some mo~e were admonished, but the awful fact remamed that Amr!k Singh had escaped, and all efforts to trace him proved frUlt. . less. Arnrik Singh's name was placed on t.he lIst ?f pr?clalm; ed offenders and circulated to all pobce statIOns m Punjab, Delhi a~d Madras. The statemen,ts. of the witnesses called by the prosecution were recordea, In the absence of the prisoner. Any of these depositions could be read O?t in evidence at the trial (whenever it took place on Amrik Singh's re-arrest), if the deponent died or if his presence could not be secured for any other reason. The court record was complete, and there was enough material to hang Amrik Singh. But where was Amrik Singh, and would he ever be hanged? . For more than three years nothing whatever was heard of Arnrik Singh or his whereabouts. Sub-Inspector Inder Singh, who was the officer in charge of the.Ambala ~oIice station in 1950, was transferred and Chaudn Radha. Kls.hen succeeded him. Arnrik Singh's exploits were recedmg m!o the limbo of ancient history, though his ~ame was still prominently display~ in t~e l~st of proclaImed offenders hanging in every polIce statIOn III the State. Thus matters stood when, shortly after midnight tow~rds t~e end. of June 1953, the telephone at the Ambala City polIce statIon

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rang. Chaudri Radha Kishen picked up the receiver. He was told that the Delhi police wanted to speak to him. He listened. 'Is Amrik Singh a proclaimed offender of your police station?' Chaudri Radha Kishen quickly scanned the list of P.O.'s. Yes, he shouted back, Amrik Singh, son of Teja Singh Ahluwalia, was a P.O. in two cases under section 302, Indian Penal Code (murder), and section 224, Indian Penal Code (escaping from lawful custody). He read out a description of the offender from his papers, and warned the Delhi police to be particularly vigilant and take special precautions because the man was a desperate criminal and had once escaped from police custody. 'Rest assured,' said the voice over the wires, 'your man will be delivered to you tomorrow.' When Chaudri Radha Kishen went down to his office on the morning of June 26 he was told that Amrik Singh had come. He interviewed a well-dressed man in European clothes, whose face was shaven and who wore short hah: on his head. The prisoner said he was not Amrik Singh, but Amar Sarup, a medical practitioner who originally belonged to Lyallpur in West Punjab, but who, in 1947, had been forced to leave his home and escape to India. He was living at Benares and earning his living as a homeopath and ayurvedic hakim. Radha Kishen took note of what the prisoner said.. and gave directions for his being produced before a magistrate, so that an order remanding him to the judicial lock-up ! should be made. When Amar Sarup or Amrik Singh was taken out of the police station he covered his face with a . piece of cloth and kept it concealed till he was safely back inside the wans of the gaol. In the meantime, Sub-Inspector Radha Kishen heard an account of the prisoner's arrest from the men who had brought him from Delhi. It was the usual story. On June 24 an informer (wh9'Se name in accordance with police

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practice was not revealed) I cial in Delhi and told him 1 jabi Sikh, who had, some y' in-law in Ambala and esca present in Delhi. The culpri off the long hair on his hea( santly and dressed and live expected to pass along Que about 11.30 p.m. Orders were, at once, iss in plain clothes should ae< preheIid Amrik Singh. Tl after 11.30 a tonga was see There was one solitary pas and when the tonga arrivi stopped and the passenger a sign, and the police part senger expressed SUrJ1rise a and said he was Amar Saru But he offered no resistal conducted to the police st~ A search of his persOl papers. of which one prov( of evidence at the subsequ in the name of Amar Saru a registration certificate is! and Unani System of Med showing that the name 01 on the Board's records. A u.P. Board of Indian MI letter addressed to'Azad 1 luggage receipt issued in bearing her signature. The room which the 1= Hotel was searched in tb significance was recovere<

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.en picked up the receiver. He ! )lice wanted to speak to him.

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aimed offender of your police quickly scanned the list o.f. . .dc, Amrik Singh, sen of Teja .). in two. cases under section .Irder), and sectien 224, Indian lawful custedy). He read out . frem his papers. and warned lIarly vigilant and take special . l was a desperate criminal and ice custody. •ice ever the wires, 'yeur man IOnew.' len went down to his effice en as told that Amrik Singh had elI-dressed man in European :n and who. wore short hair en he was net Amrik Singh, but itiener:who originaHy belong.b, but who, in 1947, had been ld escape to. India. He was ..g his living as a hemeopath

~tor

Radha Kishen heard an est from the men who. had vas the usual story. On June . in accordance with police

practice was not revealed) had gone to a high police official in Delhi and told him that one Amrik Singh, a Punjabi Sikh, who. had, some years ago, mur~ered his father~ in-law in Ambala and escaped from polIce custody, was present in Delhi. The culprit had shaved his beard and cut the long hair en his head. He smoked cigarettes incessantly and dressed and lived in European style. He was expected to pass along Queen's Road near Arnot Hotel at about 11.30 p.m. Orders were, at once, issued that a party of policemen in plain clothes should accDmpany the inf0r:ner and apprehend Amrik Singh. The ambush was laId, and soon after 11.30 a tonga was seen coming down Queen's Road . There was one solitary passenger sittm!?i on .the back sea~. and when the tenga arrived at a turrung III the road It stopped and the passenger got down. The ~ormer made a sign, and the police party at once do~ ID. The J?ll~­ senger expressed surprise at this extraordmary happenmg. and said he was Amar Sarup Azad, a doctor fl:om Benares. But he offered no resistance and allowed hImself t? be conducted to. the police station, where he spent the mght. A search of his person brought forth a number: of papers, of which one proved to ?e a ,moSt important PIece of evidence at the subsequent tna!. fhere was a passport in the name of Amar Sarllp, three photographs of wom~, a registration certificate issued by the Board of Ayurvedrc and Unani System of Medicine, dated February 20, 1953, showing that the name of ~~ar Saru'p Aza? was berne on the Board's records. A sunilar certIficate ISSUed by the u.P. Board of Indian Medic:ine on October 25, 1951, a letter addressed to ·'Azad Sahib' and a railway cleak-room luggage receipt issued in the name of Baljeet Kaur, and bearing her signature. .,. The room which the orisoner had OCCUPied m Arnot ~ Hotel was searched in the morning, but nothmg 01 any significance was recovered.

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f what the prisener said, and m?duced befere a magis'trate, hIm to the judicia! leck-up r Saru.g or Amrik Singh was n he covered his face with a ;ealed till he was safely back

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The.Ambala police thought they had an easy task to perfo~m III establishing the identity of their captive. His heIght was !lleasured and found to be 5 ft. 8 ins.; he had a scar on hIS left eyebrow and four scars on the left side of h~s fa~e at ~xactly the places where bullets fired by Amrik Smgh ill the attempt to commit suicide had caused injuries. He also had a scar on his right shin. The appearance of his face did not quite correspond with the photograph on Amrik Singh's identity card, but this was obviously due to the removal of his beard and mou~taches, ~nd in some measure to the passage of time. ~belt. thepnsoner vehemently denied that he was Amrik Smgh, or that he had anything to do with the crimes committed in Labh Singh's house at Ambala on February 15 l~Q ' The obvious thing to do was to hold an identification parade, and this .the police proceeded to do. The proceedmgs took place ill the presence of a magistrate. The prisoner was made to stand with eight other persons in ordinary clothes, all of whom were non-Sikhs, and he was told th~t he was. at liberty to choose any position he liked. The pnsoner objected that the tell-tale scars on his face would give h.im away, an? that all the police need do was to tell the WItnesses to pIck out the man with five scars on his face. He also complained to the magistrate that a police officer had shown him to the witnesses on June 26, the very day he was brought to Ambala. The cloth with which he had covered his face was forcibly removed, and his face was exposed to the view of witnesses. The magistrate made a note of this complaint, and then he did a most extraordinary thing: he allowed the alleged Amrik Singh to paste two pieces of paper on his face so that they covered and completely concealed four of his five scars. He was allOWed to wear his turban, so that the fifth scar on the left eyebrow was also hidden. Similar pieces of paper were pasted on the faces of all the remaining eight persons who were taking part in the parade. They were also asked to

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pull their turbans forwardar row of nine men presented were part of a fardal scene The witnesses were then first to come was Gurbux who had been present in La of the shooting. He looke faces and saw bits and piece several portions of a jigsaw I hand. He asked if the turl: back a little. His request , he confessed his inability t( inadequate data the magist! be restored to their normal ) another look at the nine 1 Sarup as the man who had . Ram Rakhi, the wife of in-law of Amrik Singh, was pleaded that she was sufferin her vision was very weak. to be pushed back, but desI by Amar Sarup and picked band's murderer. Jaipal Kaur was now cal: of paper pasted on the faci but this request was not a turbans pushed back, the asked her to pick out her I before her. She was in a ment. The accumulated me ed in mind and body dur: Amrik Singh or perhaps t a weapon of revenge again: faculties and weakened hel may have been nothing rna environment of the gaol an urging her to do her job

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ht th.ey had an easy task to perdeutIty of their captive. His JUud to be 5 ft. 8 ins.; he had md four scars on the left side places where bullets fired by upt to commit suicide had lad a scar on his right shin ~id n,ot .quite correspond with . 11llgh s Identity card. but this removal of his beard and !asure ~o the passage of time. tly demed that he 'was Amrik . Ig to do with the crimes com:: at Ambala on February 15, vas to hold an identification lceeded to do. The proceed:e. of a magistrate. The prieIght other persons in ordinnon-Sikhs. and he was told e any position he liked. The tale scars on his face would i;e police need do was to tell man with five scars on his ~he magistrate that a police Itnesses on June 26. the very t. The doth with which he ibly removed. and his face witnesses. The magistrate and then he did a most exhe alleged Amrik Singh to s face so that they covered of his five scars. He was that the fifth scar on the imilar pieces of paper were naining eight persons Who They were also asked to

CHANGE OF IDENTITY

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pull their turbans forward and over the left eyebrow. The row of nine men presented a ridiculous tableau. as if it were part of a farcial scene from a comic pantomime. The witnesses were then called in. one by one. The· first to come was Gurbux Singh, one of those persons who had been present in Labh Singh's house at the time of the shooting. He looked at the row of caricatured faces and saw bits and pieces of human physiognomy like several portions of a jigsaw puzzle put together by a crazy hand. He asked if the turbans at least could be pushed back a little. His request was refused at first. but when he confessed his inability to make anything out of such inadequate data the magistrate ordered that the turbans be restored to their normal positions. Gurbux Singh had another look at the nine men. and pointed out Amar Sarup as the man who had murdered Labh Singh. Ram Rakhi. the wife of Labh Singh and the mother,. in-law of Amdk Singh. was the next witness called. She pleaded that she was suffering from cataract of the eyes and her vision was very weak. She also wanted the turbans to be pushed back, but despite this concession she passed by Amar Sarup and picked out another man as her husband's murderer. JaipaI Kaur was now called in. She wanted the pieces of paper pasted on the faces of the men to be removed, She wanted the but this request was not acceded to. turbans pushed back. the magistrate did not agree and asked her to pick out her husband from the row of men before her. She was in a state of tense nervous excitement. The accumulated memories of what she had suffered in mind and body during her brief association with Amrik Singh or perhaps the religious fear of becoming a weapon of revenge against her own husband dulIed her faculties and weakened her power of observation. Or it may have been nothing more than the strange and fearful environment of the gaol and the presence of a magistrate urging her to do her job quickly-the unfortunate fact

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remains that, though uhimately paper patches were re.- ~ trial prisoners, even when th moved and the turbans were pushed back, she picked out offences, are allowed a ~rea1 one Radha Kishen and not Amar Sarup, prisoner. To ment inside the gaol preclllctl make matters worse, she asked this Radha Kishen to speak. missing page ~s g~ven ~Y tl Radha Kishen spoke a few sentences and Jaipal Kaur prisoner, knowmg ltS ex~sten re-affirmed her original erroneous choice. r tune moment. He certamly Sub-Inspector Radha Kishen was puzzled. He had na- f occasions. because he wrote turally hoped to base his entire case on Jaipal Kaur's , cations on a variety of subjel evidence, and, with her failure to identify the prisoner as , maintained that the page wa Amrik Singh, the very foundations seemed to be crumb- " the police when it was disCO' ling. He could not make up his mind if it was a case sion of Amrik Singh did nl of honest mistake or deliberate perversion of truth, for pression of Amar Sarup. Strangely enough. the sif some reason best known to Jaipal Kaur. He still had receipt bearing Baljeet Kat Amrik Singh's identity card with Amrik Singh's thumbcompletely overlooked, and print on it. He obtained the card from the poli'fe proher as a witness at the trial. perty room and secured Amar Sarup's fingerprints in the presence of a magistrate. On July 4 he sent the identity Despite the disappo~nting card and the test prints to the Fingerprint Bureau at Philthe identification parade he. laur. The reply was received within a few days-.the two ranged another. parade for prints tallied and were taken from the same thumb. Amrik Singh had served fOJ • e t prO'ved no more satls~ac This was conclusive proof of Amar Sarup's identity, Menon was unable to Ident! and the police felt their task was done. They· had, howrik Singh whO'm he knew ~ ever, to convince not only themselves but also the court, whose identity card he had so the investigation was continued and a few loose ends quite content to' leave mat that remained were gathered together. The results were law take its normal course not completely satisfactory. .The gaol register of 1950 sterial enquiry was concll] contained entries relating to Amrik Singh's admission. as Sarup or Amrik Singh, wa an under-trial prisoner. His thumbprint had been taken at the Court of Session. in the· register. ,But when the police came to examine this register they found that the page in question was missThe hearing of the case ing. It had been tom and removed by SOllleone. This Sessions Judge of Ambala register and all other old 'registers were stored in one of concluded on September . the barracks inside the gaol for lack of proper record examined by the prosecuti1 room. The barrack was used for drafting applications fence. The prisoner m~dl and other documents on behalf of prisoners. The door truth of the charges agam always remained open, and literate prisoners who did of defence was that he was their own drafting were allowed free access to it. . Underdifferent individual. Amar

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ateIy paper patches were re~ pushed back, she picked out : ~ar Sarup, prisoner. To d thIs Radha Kishen to speak , sentences and Jaipal Ka~ i' i neous choice. l en. was puzzled. He had na:ntlfe .case. on Jaipal Kaur's f re .to IdentIfy the prisoner as ~ latI~ns s~emed to be crumb- ~ phIS mmd if it was a case I rate. perversion of truth; for ~ J~Ipal Kaur. He still had ~,' . wIth Amrik Singh's thumb- ~ e card from the polige pro- ~,".': .· tr Sarup's fingerprints in the n J.uly 4 he sent the identity ~ F~n~erprint Bureau at Phil- I.,'~,' wIthlll a few days-.the two 11 , I from the same thumb. . of Amar Sarup's identity, was d0Il.e. They had how~mselves but also the' court lUued and a few loose end~ together. The results were ,Th~ ga?l register of 1950 \mnk Smgh's admission as thum~print had been taken ~e poh7e cam~ to examine . page IR questIOn was miss~moved-by someone. This ,ters were stored in one of for lack of proper record :I for d~afting applications I! of pnsoners. The door lIterate prisoners who did I :I free access to it.· Underf

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trial prisoners, even when they are charged with serious

offenc~s•. are allowed a weat deal of freedom of move-

m~n~ Inslde the ga
the the pnsoner, knowmg Its eXIstence, removed it at an opportune ~oment. He certainly visited this room on several occ::aslons, because he wrote several petitions and appHcat~ons. on a variety of subjects. The prisoner, of course, mallltamed that the page was removed and destroyed by the police when it was discovered that the thumb impression of Amrik Singh did not tally with the thumb iIllpression of Amar Sarup. Strangely enough, the significance of the cloak-room receipt bearing Baljeet Kaur's name and signature was completely overlooked, and the prosecutio,n did not call her as a witness at the trial. Despite the disappointing. indeed damaging. result of the identification parade held on June 30, the police ar: ranged another, parade for Capt. Menon, under whom Amrik Singh had served for some time. But this parade proved no more satisfactory than the first one. Cllpt. Menon was unable to identify Amar Sarup with the Amrik Singh whom he knew as the civilian gazetted officer whose identity card he had signed. The police were now quite content to leave matters as they were and let the law. take its. nonnal course. The' fonnality of the magistenal enqUIry was concluded, and the prisoner. Amar Sarup or Amrik Singh, was committed to stand his trial at the Court of Session. The hearing of the case opened before the Additional Sessions Judge of Ambala on September 16, 1954, and concluded on September 27. Thirty-six witnesses were examined by the prosecution and twenty-4:hree by the defence. The prisoner made no attempt to challenge the truth of the charges against Amrik Singh. His sole line of defence was that he was not Amrik Singh, but a totally different individual, Amar Sarup, who might bear some

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slight resemblance to the real culprit, but who, in reality, 1 strangely enough none of tht was merely the innocent victim of a most unfortunate i the prosecution or by the def i deed, come -yery near to be error. The defence called a number of witnesses from Benares l This was Bal)eet Kaur, the fin t
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re~l ~ulprit, but who, in reality, ! strangely enough none of them was produced eit~er ?y , VIctIm of a most unfortunate the prosecution or by the defence. One of them dId, rodeed, come very near to being. examined. as . a witness. mber of witnesses from Benares i This was Baljeet Kaur, the first WIfe of Ao;mk Smgh. The .Dr. Amar Sarup and had seen Ion of a homoeopath and ayur- I prisoner summoned her as a defence WItness. Shew~s ~ present but was given up. The reasons stated for thIS , None of them had, however, I remarkable shirking ()If an important duty are. wholly unore October 1950. Indeed the , any evidence which could have I convincinO'. It was argued that the prosecutIOn was reto'" move in the matter because Amrik Singh's reup had any existence anywhere ~ luctant lations were not likely to help in getting him ,convicted vIII be remembered that Amrik , of murder and, therefore, they would not support t~e ! custody in April 1950. prosecution by saying that the man in the dock was Amnk rently no relatives Jiving anySingh. They would almost certainly be prepared to per,te none were named or called ~ jure themselves and swear that he was some o~her per:sted by his counsel that they ! son. The prisoner, on the other hand, w~s afraId t.o ex~ commu~al riots of 1947. Nor ~ amine any of these persons because, OWIng to therr reIle any fnends or acquaintances i: lationship with Amrik Singh, they would falsely say that )st all contact with them after he was Amrik Singh in an endeavour to get hIm hanged y. No attempt was made to for the crime of the real Amrik Singh, who would thereng graduated from the Punjab by be saved. This reasoning w~s faulty, but t~e fact re~d easily have been done for mains that Amrik Singh's relatives were conspIcuoUS by 'l~S of .university records from their absence at the trial. r~culatIOn or graduation certiMuch capital was sought to be made of the missing honed and obtained from Lapage in the gaol register. It was said o?- b~haIf of t~e ler to secure better treatment defence that the police had destr.oyed thIS p~ece .of ev,IIt he was a doctor and a Badence because the thumb-impreSSIOn of Amnk SIngh In b. t!niversity; as such, he was the register did not tally with the pris?ner'~ thumb-im-, hv~n~ than the other inmates, pression. The evidentiary value of the Ident1t~ card 'Yas pnvIIeges which are usually also assailed on the ground that the thumb-ImpressIOn ~. .Later, when he realised upon it had been forcibly obtained after the arrest of .Amar OIty :s a matter of record, he Sarup on June 26. His ~ou.nsel .argued ~hat a Irterate icretlOn. person who is capable of sIgmng. hIS name: I~ nev~r asked ,Hosh!arpur in East Punjab, to undergo the humiliating expenence o~ gIVIng hIS fingerere alIve and were available prints. Amrj~ Singh was a gr~dua~e, and he must only !hey. could have thrown a have signed hIS name on the Identrty card. The space S IdentIty; at least they could provided for the thumb-impression had been left bla~k. Amrik Singh or not. But and it was some time after June 26, 1953, that the poIrce

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had. compelled the prisoner to place his thumb-impression on.lhe--card. B~t ,Capt. Menon, examined by the prose- ~ C~tIon,~ stated q~lte .dea,',rl Y and unequi:rocally .t?at Amr~ ~I~. S.mgh" thumb-Implesslon was taken m addItIon to hIs ] slgnatu:-e, and when the carel was placed before him for :: attestatIOn the thumb-impression was on the card. He; went on to explain that the form of the cards had been ~ s~bsequently modified, and the practice of obtaining both if, s~gnatures and thumb-impressions had now been discon- i t1l1ued. ~~ more recent type of identity card prescrib- ~ e? for CIvIlIan officers mentioned in express terms that ~ Signature or thumb-impression was to be affixed, whereas the old type-the kind issued to Amrik Singh-required i bo:th. Capt. Menon's statement, therefore, nullified the 'I eV.ldence of Civil Administrative Officer Mohinder Singh, Witness for the defence, who produced his own identity" card for the inspection of the,court in order to. show that literate pers?ns signe~ their cards and were not expected to place theIr thumb-Impressions on it. His card did not bear any thumb-impression, but his was a card w the later type and the word ?f printed prominently it gave t~e card-holder the optIon of a choice between signing hIS nan:e an? placing his thumb-impression upon it, where~ as the Identity card recovered from Amrik Singh did not have the word or on it. An attempt was made to show that the prisoner was ~at-footed, and therefore could not have been employed by t?e Army. The prisoner's complaint of May 5, 1954, f~fmshed .an~ther argument. It was alleged that the poIICC had mfhcted an injury on his right ring tlnger to creat~ a mark corresponding to the mark of identification mentIOned on the identity card. It will be noticed that this complaint was made nearly a year after the prisoner's . arre~t. The police were alive to the importance of the Identity card, and had, as early as Juiy 4, 1953, taken steps to h.ave the th~mb-impression examined by an expert. It IS very unlikely that they should have waited I

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ten. months beforecreatinl piece of evidence. The doct( only a tiny scratch which in self-inflicted . It was , however, the ident. which attracted the spear-pOl secution. Jaipal Kaur had f, and had picked out a tota Granted that Arorik Singh v mall who confronted her at tl granted that her coniygal litl a few months, and It was she had seen her husband. be deceived in the general : whom she has lived on terms cannot forget the look in 1 his voice for that of al)o.the: all these things. At the tri on oath that the prisoner iI Amrik Singh, but of what v: when matched with her dis] casion, which alone provide, and her good faith as a wi The prisoner hadcomplail1 the identification parade th; to the witnesses. By this w the results of the identificati ticipate that the proceedingi deed, there was no defence at the trial which was not f mently, but nothing availe( sessors who were assisting t expressed the opinion that I other than Amrik Singh, murder of Labh Singh and of Jaipal Kauf and Amar N judge was not bound to act (

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r to place his thumb-impression , JenoD, exa~ined by the proseand uneqUIvocally that Amrik was taken in addition to his ard .was p.1aced before him for reSSlOn was on the card. He Ie form of the cards had been the practice of obtainin cr both ~essions had now been discontype of identity card prescrib~tlOned in express terms that lOdn was to be affixed, whereas Ie to Amrik Singh-required . :;m~nt, therefore, nullified the ~atlVe Officer ~ohinue.r Singh. ~o produ.ced h1S own identity 1e court In order to show that , ~ards a~d we:t:e not expected SlOns on It. HIS card did not , .but his was a card of the mnted prominently on it 0ave of ~2hoic~ between sig~ing mb-lmpresslOn Upon it, whereoct from Amrik Sing11 did not

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• show that the prisoner was ,uld not have been employed 's complaint of I'Aay 5, 1954, It :v~s ~lleged that the poon hlS' nght ring lInger to to the mark of identification ard. It will be noticed that arly. a year after the prison~ ahve to the importance of , ear.Iy as July 4, 1953, taken IreSSlOn examined by an exat they should have waited

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for ten months before creating an unimportant and minor i piece of evidence. The doctor who examined him found ii only a tiny scratch which in his opinion CQulq have been ' self-inflicted. . If.• It was, however, the identification parade of June 26 t which attracted the spear-point of the attack on the prosecution. JaipaI Kaur had failed to identify the prisoner, i and had picked out a total stranger as her husband. ! Granted that Amrik Sing11 was a bearded Sikh, and the I man who confronted her at the parade had a shaven face, g granted that her conjugal life did not last for more than 1 a few months, and it was more than three years since I she had seen her husband, but surely a woman cannot ' be deceived in the general appearance of the man with t whom she has lived on terms of the closest intimacy. She cannot forget the look in his eyes and cannot mistake his voice for that of another; yet J aipal Kaur had dOi1~ all these things. At the trial, no doubt, she had stated on oath that the prisoner in the dock was her husband Amrik Singh, but of what .value w~s her sworn te~~imony when matched with her dIsmal faIlure on the earlIer occasion. which alone provided the real test of her veracity and her good faith .as a witness for the prosecution? The prisoner had complained to the magistrate who h~ld the identification parade that the police had shown h~m to the witnesses. By this was only an attempt to nullIfy the results of the identification made before he could anticipate that the proceedings would end in a fiasco. Indeed. there was no defence which he could have raised at the trial which was not put forward and pressed vehemently. bilt nothing availed the prisoner. All four. ~s­ sessors who were assisting the Sessions Judge at the tnal expressed the opinion that Amar Sarup. prisoner. was no other than Amrik Singh. the man responsible for the murder of Labh Sing11 and for the attempts on the lives of J aipal Kaur and Amar N ath and on his own life. The judge was not bound to act on the opinion of the assessors.

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but hel found himself in complete agreement with them, and· came to the conclusion that, despite certain lacunae and apparent flaws in the case for the prosecution, there was ample material to sustain the charge of murder. So he. convicted Amrik Singh, alias Amar Sarup, upon all charges and sentenced him to death upon the charge of murder, and awarded sentences of seven years, seven years and six months' rigorous imprisonment on the remaining three charges of attempted murder and suicide. According to Indian law, a sentence of death awarded by a court subordinate to the High Court cannot be carried out until the whole case has been reviewed and the sentence of death confirmed by the High Court. The convict also has a right of appeal. Amrik Singh drafted a lengthy memorandum of appeal in his own hand and sent it to the High Court. The appeal and the re~rence for the confirmation of the death sentence came up for hearing before a Division Bench consisting of two judges uf the Punjab High Court. The foremost criminal lawyer of the Punjab was briefed to argue the appeal. The question in appeal as at the original trial was not whether Amrik Singh, son of Teja Singh, was guilty of the crimes attributed to him, but whether the man who had been convicted of those crimes and was the appellant before the High Court was the same Amrik Singh or a tqtally different person named Amar Sarup, son of Tej Sarup. The bench hearing the appeal commented adversely upo.n the failure of the prosecution and of the defence to examine certain witnesses and decided to probe further into the matter. So, in exercise of powers given by law, we summoned Baljeet Kaur and S. Sewa Singh, the husband of Amrik Singh's sister. The examination of these two witnesses produced some remarkable reslllts, but did not materially affect the ultimate decision. Baljeet Kaur looked at the appellant minutely and carefully, and shook her head. She stated quite positively that the man was not her husband and did not even-re-

CHANGE 0:

semble him at close quartel signed her name on the c1oa~ the appellant on the day of ever, observed that her signa ing resemblance to the sign: S. Sewa Singh was a mer ciary of the Punjab State. responsible individual, who ther the ends of justice, ar committal replies to the ql he choose to say was that 1 'Are you prepared to 82 whether the appellant prese Singh or not Amrik Singh? Sewa Singh replied: 'I cal He does resemble Amrik : has changed a great deal. to that of Amrik Singh.' This was disappointing, witnesses did not carry thl other hand nothing that e: a rebuttal of the prosecutil tent. at least, the prosecuti Baljeet Kaur's statement ' interested evidence, and th make a categorical staterr st',cret conviction that the p in-law, who could be save( a doubt regarding his id~r The impression which thIS the court was certainly n01 And so, when the judge considered the cumulative the prisoner, they came to lant was no other than j positively incriminating th card and the numerous m

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. that, despite certain lacunae ase for the prosecution, there in the charge of murder. So alias Amar Sarup, upon all to death upon the charge of ~es of seven years, seven years .prisonment on the remaining nurder and suicide. a sentence of death awarded Ie High Court cannot be care has been reviewed and the 1 by the High Court. The . ppeal. Amrik Singh drafted appeal in his Own hand and fhe appeal and the reference death seiltence came up for :nch consisting of two judges The foremost crL.ninal lawd to argue the appeal. at the original trial was not .f Tej<J.., Singh, was guilty of , but whether the man who :rimes and was the appellant :he same Amrik Singh or a dAmar Sarup, son of Tej the appeal commented ad~ the prosecution and of the tnesses.and decided to probe in exercise of powers given !t Kaur and S. Sewa Singh, l'S sister. The examination ed some remarkable results, the ultimate decision. otppellant minutely and careShe stated quite positively sband and did not even -re-

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semble him at close quarters. She denied that she had signed her name on the cloak-room receipt recovered from the appellant on the day of his arrest. The judges, however, observed that her signature bore a surprisingly striking resemblance to the signature on the receipt. S. Sewa Singh was a member of the subordinate judiciary of the Punjab State. We looked. upon him as a responsible individual, who would do hIS ut~ost to further the ends of justice, and ~ot make eva~1Ve or noncommittal replies to the questIons put to. hIm.. ~ut all he choose to say was that he was not qUIte certam .. 'Are you prepared to say,' he .was asked, '?efimte~y whether the appellant present in thIS court now IS Amnk Singh or not Amrik Singh?, .. Sewa Singh replied: 'I cannot say one way or the Olhec. He does resemble Amrik Singh. His facial appe~ra!lce has changed a great deal. His voice seems to be sImIlar. to that of Amrik Singh.' This was disappointing, and the evidence of these two witnesses did not carry the case much fur!her. ~n the other hand nothing that either of them saId constItuted (! rebuttal of the prosecution case. Indeed, to som~ extent at least, the prosecution had cause to feel g~atIfied. Baljeet Kaur's statement was no more than a p.Iece of interested evidence and the reluctance of Sewa Smgh t.o make a categoric;l statement was an. indicat~on of hiS secret conviction that the prisoner was mdeed hIS broth.erin-law who could be saved from "the gallows by creatmg a doubt regarding his identity in the mind of the .court. The impression which this evidence left on the mmd of the court was certainly not 'favourable to the defence. And so, when the judges reviewed the w~ole case ~nd considered the cumulative weight of the eVldenceagamst the prisoner, they came to the. con.clusion that the appellant was no other than Amnk Smgh. Apart fr?ill t?C positively incriminating thumb-impression on the IdentIty card and the numerous marks on the appellant's person,

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there were several matters which, though inconsiderable when standing by themselves, acquired a most telling significance when taken together. Amrik Singh had changed his name to Amar Sarup and had become a non-Sikh. but he had retained the initials A. S. He had even retained the initials of his father's name, which from Teja Singh became Tej Sarup. It is a curious and instructive feature of cases involving change of identity that the new name' has the same initials as the old one. One might say that in the process of metamorphosis the flesh and the outer skin are changed, but there is a reluctance to discard the skeleton. Then' again, the prisoner was unable to prove the existence of Amar Sarup before October 1950. There was no evidence of the prisoner having graduated from a college in LyaUpur, though had such evidence existed it could certainly hm'e been produced. The somewhat naive attempt to show that the police had injured him on the right ring finger to create a mark which would correspond with the mark mentioned in Amrik Singh's identity card was promptly frustrated when the magistrate ordered an immediate medical examination of his person. His failure to call a single one of Amrik Singh's relatives, his display of the bluffing and blustering methods of Amrik Singh, his silence regarding the identity and whereabouts of the Baljeet Kaur who had signed the cloak-worn receipt, were all matters which, when considered, were like small positive fractions totalling up to the unity of clear, unmistakable guilt beyond all doubt. The appeal was dismissed, but while dealing with the question of sentence my learned colleague, Mr. Justice Falshaw, who delivered the judgment of the court, observed: It is to be noted that although the learned counsel for the appellant devoted most of his arguments to trying to convince us that the appellant was not Amrik Singh, he also sought to raise the plea of mitigating

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circumstances as a groUl tence of death and reduc lant to transportaticn for whoHy inconsistent with t not seem to me to be , quite dear from the evi occurrence Amrik Singh 'i state. The evidence, in fa had gone primarily with of his wife, Jaipal Kaur, that , if he proved unsuc( . kill both her and hlms~ that his efforts to kin h( ful and the fatal shooti: appears to have taken pl: in which the accused hal whole affair appea~s to arising from th~arted I am inclined to VIew that reducing the sentence. The sentence imposed bj of imprisonment for life 1 gether with concurr~n~ Sl court 'upon the remammg

E 'i PATI'ERN

IT was seven o'clock on day in the middle of June high and the sandy fiel<

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• which, though inconsiderable , s, acquired a most telling sig:r. Amrik Singh had changed md had become a non-Sikh. als A. S. He had even retainname, which from Teja Singh curious and instructive feange of identity that the new as the old one. One might metamorphosis the flesh and but there is a reluctance to . again, the prisoner was unof Amar Sarup before Octo. 'idence of the prisoner having 1 Lyallpur, though had such :rtainly have been produced. t to show that the police had ing finger to create a mark ith the mark mentioned in .vas promptly frustrated when •mmediate medical examina· Jure tO,call a single one of display of the bluffing and :: Singh, his silence regarding of the Baljeet Kaur who had ipt, were all matters Which, ;mall P.ositkiveb fractions total· e, unmlsta a 1e guilt beyond , but while dealing with the tmed colleague, Mr. Justice judgment of the court, obJthough the learned counsel lost of his arguments to try. .e appellant was not Amrik raise the plea of mitigating

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circumstances as a ground for not impo5i~g the sen· tence of death and reducing the sentence of the appellant to transportation for life. This argument, although wholly inconsistent with the rest of the arguments, does not seem to me to be wholly devoid of force. It is . quite dear from the evidence that on the day of the occurrence Amrik Singh was in a somewhat overwrought. state. The evidence, in fact, appears to indicate that he had gone primarily with the idea of securing th.e re~um of his. wife, J aipal Kaur, and ~ith t?e u~derlYIllg Idea that, if he proved unsuccessful III thIS object, he would kill both her and himself. It so happened, however, that his efforts to kill her and himself were unsuc.cess~ ful and the fatal shooting of her father, Labh S1I1gh. appears to have taken place in the cours~ of. the struggle in which the accused had completely los. hIS head. ~e whole affair appears to be the outcome of
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PA'ITERNS OF M'URDER

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IT was seven o'clock on the morning of a sweltering hot day in the middle of June. The burning sun stood spear· high and tIle sandy fields were already hot enough to

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THE MURDER OF THE MAHATMA

parch gram. The Hissar countryside is like that, vast tracts of sandy ground to which canal irrigation has brought prosperity; but when the wheat crop has been reaped, and the land is being prepareq {or the winter crops, the dry earth bakes under the summer sun and throws back the heat like a large open oven. Nar Singh, a young· J ~t, was walking along the narrow footpath which led to hl~ fields. He had, as usual, hidden his pistol under his s~lrt. It was I~aded with one 12-bore English-made cartndge, for the. pIstol had been hammered out by some viIla~e blac~smIth, and the barrel was large enough to adnllt cartrIdges of an easily procurable bore. Its barrel was .crude and unpolished, the trigger did not always w~rk, but when it fired it was an effective weapon at anythmg up to ten feet. He had acquired it only a week ~go after a whole month's striving-firearms were becommg rarer every year and illicit weapops were not easy to oon;e by. But there at last the weapon was, snugly tuck.~ mto the fold of his loin-cloth. It had been there every day for the past week. But he could wait. He had waited for more than three years. His wife's ravisher could not escape .him. Unlike his two friends and accomplices. he ~ad decIded to come home, for he had a piece of land w.hICh he could not abandon. Yes, said Nar Singh to hImself, he would wait. Suddenly he saw him near the dilapidated hut in the shade of which he must have sat down to rest. He had a bundle containing grain on his head, a spade on one shoulder, a dozen chapatis in one hand and an earthen vessel full of whey in the other. He was going to his field to work and was taking his midday meal with him. A few paces ahead walked his brother with a wooden plough slung over his shoulder. Nar Singh made a slight detour and, quickening his pace, .came up to within six feet of his victim, and then he. fi.red. Hakam Singh fell down, the earthen pot broke. spIllmg the whey, the chapatis were scattered around him

and the bundle containing near his feet. Nar Singh q when Hakam Singh's broth back the weapon and, taki Hakam Singh's spade and 1 the spade and brought it ( 23 years eight times, till he Uity had been adequately a' Hakam Singh and his tv for raping Nar Singh's wi and sentenced to four year bour, but this was not retl too lenient and the law th It did not take into account the mental torture a man village knew that his wife: potter. So, when H!\kam serving his sentence, Nal judge and executioner, ant the village. He was tried upon the c1 His youth and the dish one jected by his wife's ravish< circumstances, and he was imprisonment for life. Hi High Court.

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Gurdial Singh was convi the bottom of the whole could not lay his finger OJ but the smug expression c nothing else. And it was a been allotted land of far 1 had been cultivating befor. began. His new field was

fEMAHATMA

~ryside is like that. vast · lch canal irrigation has he wheat crop has been )ared for the winter crops. summer sun and throws ven. Nar Singh, a young )W footpath which led to · Men his pistol under his · :-bore English-made cart· nmered out by some viIwas large enough to at!· :urable bore. Its barrel : trigg~r did not always · effectIve weapon at anylcquired it only a week g-firearms were becomeapop.s were not easy to {eapon was, snugly tuckIt had been there every mId wait. He had waitlis wife's ravisher could friends and accomplices. r he had a piece of land Yes, said Nar Singh to

: dilapidated hut in the , down to rest. He had : head, a spade on one e hand and an earthen ~e was going torus mIdday meal with him. Drother with a wooden IIr and, quickening his of his victim, and then . the earthen pot broke, e scattered around him

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and the bundle containing jowar lay in an untidy heap near his feet. Nar Singh quickly reloaded his pistol, but when Hakam Singh's brother ran back to the hut he put back the weapon and, taking a step forward, picked up Hakam Singh's spade and began to hack him. He raised the spade and brought it down with all the force of his 23 years eight times, till he was quite sure that his indignity had been adequately avenged. Ha:kam Singh and his two accomplices had been tried for raping Nar Singh's wife. They had been convicted and sentenced to four years' imprisonment with hard labour, but this was not retribution enough. Judges were too lenient and the law they administered was defective. It did not take into account the disgrace, the mortification, the mental torture a man suffered when everyone in the village knew that his wife had been raped by a low-caste potter. So, when Hakam Singh came back home after serving his sentence, Nar Singh acted as prosecutor, judge and executioner, and regained his lost prestige in . the Village. He was tried upon the charge of murder and convicted. His youth and the dishonour to which he had been subjected by his wife's ravisher were considered extenuating circumstances, and he was awarded the lesser sentence of imprisonment for life. His appeal was dismissed by the High Court. (ii)

Gurdial Singh was convinced that Kapoor Singh was at the bottom of the whole thing. He had no proof and could not lay his finger on anything tangible or definite, but the smug expression on the man's face could mean nothing else. And it was a fact that he (Kapur Singh) had been allotted land of far better quality than the land he had been cultivating before the consolidation proceedings began. His new field was nearer the village and the soil

184

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was richer whereas his own allotment was twice as far as his original field, and the quality of soil w~s cer:a~Y not as good. Kapur Singh had a way of mgrat1a~mg himself with 'officials. He fawned upon them and crmged before them, and God knows what else he did to please them, for they seemed to play into his hands. A week after the consolidation proceedings were concluded, Gurdial Singh went to Kapur Singh's house and gave him a piece of his mind. Kapur Sing~ answered back, repudiating the suggestion that he was m any way responsible for the imagined injustice: 'Why don't you go to the officers,' he retorted, 'and !ell them what your grievance is? Don't come here, shoutmg and quarrelling with me. Do what the law allows.' Gurdial Singh went back in a huff. The more he thought over the matter the more indignaJ?-t he felt. IN?t only had Kapur Singh intrigued against hIm ar:-d prev3;IIed. upon the consolidation officers to' allot a pIece of 1I~­ ferior land to him, but he had the effrontery to deny hIS wickedness and speak to him with so much rud~ne~s. It was imperative that he be taught a lesson. Llf~ m the village would become intolerable if this kind of thmg were allowed to continue. So, the next day he called five of his friends and, armed with two spears and four hatchet~, they went to Kapur Singh's house.. Kapur Sin~h .and hIS two sons aged 2S and 19 respectIvely were slttmg ~d chatting in the courtyard. It was pointless t~ was~e tIme over explanations and arguments, and Gurdlal Smgh at once plunged his spear into Kapur. Sin~h's abdo~en. Three of his comp;mions followed SUlt WIth well-aImed hatchet blows.' The two young men tried to go to the rescue of their father, but they, too, were attacked. One of them received six injuries and the other five, b~t they . were fortunate enough to survive and appear as WItnesses at the trial of the six assailants. The case against Gurdial Singh and his companions was clear and convincing. Gurdial Singh was awarded the

PATTER!'

death sentence and the r, imprisonment for life. In was also reduced to the I

There is, a saying that murders-zar (money), l Zamm. of course, include disputes about immovabh of these to the Punjab c his land and bring the VI or well which provides tl Bachan Singh of Chha< Jullundur, was allotted I. rit:wala well. The entin water from this well had who migrated to Pakistan were allotted tOi refugees to compensate them for with the means of liveli Muslim-owned land to g( lotted an area equal to there were some false all! years to verify the holdin the evidence of the origill' and in the meantime alIol whatever evidence the r Often, the evidence consi: reinforced by the factuIr for by far the vast major. ted O'n the first piece of fancy. When conditions sessment of claims was fir to move, others had to s possession. This gave r squatter wanted to hold M.M.-7

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• [otment was twice as far , ility of soil was certainly .d a way of ingratiating ed upon them and cringwhat else he did to please nto his hands. m proceedings were conKapur Singh's house and Kapur Singh answered I that he was in any way lstice: :ers: he retorted, 'and tell )on't come here. shouting ,hat the law allows.' The more he a huff. re indignant he felt. 'Not against him and prevailTS to allot a piece of inthe effrontery to deny his th so much rudeness. It ht a lesson. Life in the •. if this kind of thing were :ext day he called five of :spears and four hatchet~, se. Kapur Singh and his :ectively were sitting ~d ~s pointless to waste time ts, and Gurdial Singh at Kapur Singh's abdomen. ~ed suit with well-aimed ~ men tried to go to the too, were attacked. One d the other five, but they ! and appear as witnesse5 1

and his companions was Singh was awarded the

185

death sentence and the remaining five were sentenced to imprisonment for life. In appeal ~ur~ial Singh's sen~ence . was also reduced to the term of lmpnsonment for hfe. (iii)

T'nere is a saying that three z's are responsible for all murders-zar (money), z3lmrn (land) and zan (woman). Zlllilln. of course, includes rights in land and al! kinds of disputes about immovable property. The most lIDportant of these to the Punjab cultivator is the right to irrigate his land and bring the water to his field from the canal or well which provides the supply. Bachan Singh of Chhachhowal village. in the district of lullundur was allotted land which was irrigated by Mariewala ~elL The entire block of fields which received water from this well had belonged to a Muslim landlord '. , who migrated to Pakistan in 1947. Porti~ns of t~is bl~ck were allotted to. refugees who had land III Wes~ Punjab to compensate them for their loss and to prOVIde them There was not enough with the means of .livelihood. Muslim-owned land to go round if every refugee were allotted an area equal to what he had left behind. Also I there were some false and inflated claims. It took many years to verify the holdings of every refugee by obta!ning . the evidence of the original revenue records from PakI~tan. and in the meantime allotments were made on the baSIS of whatever evidence· the refugee claimant could produc~. Often, the evidence consisted of no more than an affidaVIt reinforced by the factum of possession of evacuee land, for by far the vast majority of refugees h.ad simply squa~­ ted on the first piece of vacant land whIch pleased theIr fancy. When conditions became more settled and the assessment of claims was finalised. some of the squatters had to move, others had· to surrender the excess area in their possession. This gave rise to bitter quarrels, for every squatter wanted to hold on to what he had appropriated

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THE MURDER OF THE MAHATMA

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with grim determination. So, Bachan Singh expressed his ing down people and d resentment in no uncertain terms when his newly installed ~use a few yards of neighbour, Labh Singh, not only took over a part of his WIth earth. So, holdir holding but also began to make a fuss about the position of a breach of public of the watercourse which ran right through his field. He and dismissed the case had the right, he said, to construct another watercourse . Labh Singh was not I hIS adversary, and his t which would serve his land as well as the land of Bachan Singh and at the same time not cut right across his field. a. more satisfying form. hIS sons, and the three Bachan Singh protested, as this would increase the length of the watercourse and cause a diminution in the supply , k"U}laIlS.* Bachan Sing] of water to his fields. Labh Singh treated Bachan Singh's I der for their cattle. n away. The first blow \1 protest with scorn, and demolished the watercourse. Baone stroke of his kirpan chan Singh appealed to the village pancbayat, and Labh Singh's elder son, sevel Singh was called upon to state his case and explain why downwards. Labh Sin~ he had taken the law into his own hands. A compromise by ih~ir father, and in tlJ was eventually arrived at, and Labh Singh agreed to let S10gh s second son lay c the watercourse stay in its original position. But Labh chan Singh himself had Singh was not happy about the settlement. His rich field Both he and his elder SOl was slit in two, making the business of ploughing and their assailants. preparing his land somewhat irksome. In the months that .Labh Singh and both followed, his chagrin continued to mount till it assumed .t::rIsonment for life on tll the proportions of a categorical imperative. The water!lOn, t? three years' imp course simply had to go, and go it did. Labh Singh and 10¥" grIevous hurt. Th his two grown-up sons went to the fields one morning in the beginning of June and levelled the watercourse with '.' HIgh Court. There wa Singh praying that the I their spades. The job was completed in a few min.utes. and the three men stood near Bachan Singh's field flaunt- f. ~~t we declined to enhan bon. ing their victory and defying anyone to undo what they had done. Bachan Singh had no wish to accept the challenge, and he went to the police and made a report about what had . ~is happened in Lan happened. He added that he feared Labh Singh and his dIstrIct of Ferozepore, n sons would use violence against his person and disturb the public peace. The police made a brief enquiry into * A sword which' is one of the matter and referred the case to a magistrate. The to ,:"ear as. the symbols of hi a ~rpan WIthout a licence a] magistrate took a light and far too optimistic a view of gomg ~bout his business ~rn the matter. Really, he said to himself, one can't go bindmon SIght and does not arc

'HE MAHATMA

lachan Singh expressed his IS when his newly installed ly took over a part of his ~ a fuss about the position ight through his field. He struct another watercourse well as the land of Bachan .•t cut right across his field. > would increase the length a diminution in the supply > ngh treated Bachan Singh's . shed the watercourse. Ba! llage panchayat, and Labh ~ his case and explain why lwn hands. A compromise j Labh Singh agreed to let iginal position. But Labh e settlement. His rich field business of ploughing and ··ksome. In the months that '~ to mount till it assumed !.;al imperative. The water· go it did. Labh Sing? a~d .0 the fields one mommg m ; veiled the watercourse with lompleted in a few min.utes, · Bachan Singh's field f1auntanyone to undo what they to accept the challenge, and de a report about what had ~ feared Labh Singh and his inst his person and disturb ~ made a brief enquiry into case to a magistrate. The far too optimistic a view of () himself, one can't go bind-

PATTERNS OF MURDER

187

ing down people and demanding security from them just ~ause a few yards of a watercourse have been filled in WIth earth. So, hol~ing that there was no real danger of a breach of publIc peace, he declined to take action and dismissed the case. Labh Singh was not content to exult over the defeat of his adversary, and his exuberance had to' be expressed in a. more satisfying form. So the very next day he called hIS sons, and the three men went to the well with their kirpans.* Bachan Singh and his sons were collecting fodder for their cattle. There was no time to protest or run away.. The fir~t bl.ow was dealt by Labh Singh, and with o?e stroke of hIS kirpall! he cut through the leg of Bachan Smgh's elder son, severing it completely from the knee down~ards. Labh Singh's sons followed the lead given by theIr father, and in the matter of a few seconds Bachan Singh's second son lay dead with a broken skull and Bachan Singh hi~self had received several kirpan injuries. Bo~h he a?d hiS elder son, however, lived to testify against their assaIlants. .Labh Singh and both his sons were sentenced to im~nsonment for life on the charge of murder and, in addi~IOn, t<;> three years' imprisonment on the charge of causTheir appeal was dismissed by the m¥ gnevous hurt. ~Igh COuf!. There was a private petition by Bachan Smgh praymg that the murderers be sentenced to death ~~t we declined to enhance the sentence on a private peti~ tlon. (iv) . ~is happened in Langiana, a small Jat village in the dIstnct of Ferozepore, near the Indo-Pakistan border. .

* A sword which is one of the five K's which a Sikh is enjoine~ to :vear as. the symb.ols of his r~ligious .faith. A Sikh may carry a ~rpan WlthO.ut a ~cence, and m the VIllage to see a young Sikh gomg ~bout hiS busmess armed with a kirpan is not an uncommon SIght and does not arouse comment.

188

PATTER

THE MURDER OF THE MAHATMA

two hundred and five p When Godha Singh's father was killed in a drunken ~f their house, or hold brawl with his cousins, he found himself owner of sixteen tIll he felt his ribs crad acres of land, two houses, a pair of sturdy oxen, two shefor Godha Singh was at buffaloes, a wife, two young sons and a daughter, and a widowed mother. Godha Singh had no need to prepare • had as massive a frame His little children wen an inventory of his possessions or make an assessment of children and much more their value. He knew the exact worth of each item and ~p, and, while the boys n to what use it could be put. ill t~e fields which his ql The land was of the rich sandy loam variety which is a do smgle-handed, the gir peculiarity o:f the alluvial soil of this region. It fills the someone came to ask for ears of wheat with large meaty grains, and produces gram was a cantankerous old of a high quality which fattens cattle and provides proteinshe Would not live very rich diet for the villager and several nourishing and toothtroublesome he would kJ some dishes for the townsman. Of the two houses, one For Langiana is one , consisting of two rooms, a kitchen' and a courtyard with the territory of the Bagh; a long mud-plastered cattle-trough on one side of it, was are close to Mother Ear situated in the centre of the village, and the other comlife, taking it as it Come: prising a single room and a cattle-pen lay on the edge of liquor they make. The the small habitation. The oxen were sturdy, well-trained and Scores are settled on animals accustomed to do his bidding. In obedience to arm of the law and wit his loudly' uttered obscenities they would drag the heavy region enjoys a reputatio point c4' his plough and make it tear up the crust of the and irrepressible. It w, earth, leaving deep receptive furrows. They would march Raj when only a fearle~ round and round in a small circle turning the gear of the I Police could be persuade Persian wheel which brought water' up from the bowels in republican India. Tl of the earth, or tread blind-folded over the crisp golden I: sheaves of wheat, crushing them into small pieces till the I ductions have always c( grains tumbled out of their. husks to provide food for his f activity af the inhabitan family and dry fodder for his animals. Each of his sheoffender being convicted buffaloes gave him a bellyful of rich creamy milk every equal, the thrill of gamb morning at dawn and again as the sun was setting. lust for an uninhibited 3 His wife; ChintQ, was a tall buxom woman of 25 who On the partition of the walked erect withl two huge pitchers of water balanced t.. ed ed ~croshs th e border and • upon her head and a third resting between her hip and the , III t e land which Wi crook of her arm. She moved with an easy grace, swingpeople of Langiana wer ing her legs straight from the hips. She had strong musthey heard that their kin: cular arms which could carry a sack of wheat weighing

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• HE MAHATMA

189

two h,!ndred and five pounds right across the courtyard ~f theIr hou~e, ?f hold Godha Singh in a tight embrace tIll he felt 111~ nbs crack, and this was no ordinary feat, for Godha Smgh was as strong as one of his oxen and had as massive a f r a m e . · ' His little children were plump and filthy like all village children an~ much more ,!nru~y.. They would soon grow up, and, whIle the boys relteved hIm of the gruelling labour in the fields which his quarrelsome father had left him to .dy loam variety which is a do single-handed, the girl would fetch a good price ,yj)en of this region. It fills the someone came to ask for her hand. The widowed mother grains, and produces gram was a cantankerous old hag whom nothing pleased. But cattle and provides proteinshe would not live very long, and if she became really :veral nourishing and toothtroublesome he would know how to deal with her. I. Of the two houses, one For Langiana is one of those small border villaaes in: :chen· and a courtyard with the territory of the Baghapurana police station wher~ meA Jugh on one side of it, was are close to Mother Earth and live a vigorous '!lemental village, and the other comlife. taking it as it comes, raw and unadulterated like the' attIe-pen lay on the edge of liquor they make. The police station is six miles away, en were sturdy, well-trained and scores are settled on the spot without reference to the s bidding. In obedience to anJ? of t~e law and without fear of consequences. The they would drag the heavy reglO~ enJoys. a reputation for being perpetually turbulent ! it tear up the crust of the and IrrepressIble. It was so in the days of the British urrows. . They would march Raj. when only a fearless or corrupt Sub-Inspector of :ircle turning the gear of the \ :r'0hce co~:Ild be persuaded to go there, and it is so today : water 'up from the bowels III republ1can India. Thefts, dacoities, murders and ab':olded over the crisp golden du~ti~ms have ~Iway~ constituted the normal spare-time lem into small pieces till the actIVIty of the mhabItants, and since the chances of an lusks to provide food for his offender being convicted or acquitted are approximately s animals.' Each of his sheequal, the thrill of gambling with high stakes adds to the :1 of rich 'creamy milk every lust for an uninhibited and full-blooded life. as the slln was setting. III buxom woman of 25 who On the partition of the country, hordes of refugees pour: pitchers of water balanced - ed across the border and related tales of what had happensting between her hip and the ed in the land which was no longer their home. The ed with an easy grace, swingpeople of Langiana were not afflicted with grief when e hips. She had strong musthey heard that their kinsmen had been killed and looted ry a sack of wheat weighing

· was killed in a drunken • j himself owner of sixteen ir of sturdy oxen, two sheJUS and a daughter, and a h had no need to prepare or make an assessment of ct worth of each item and

t

a.

190

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THE MURDER OF THE MAHATMA

and their womenfolk raped. But they were angry and very soon their anger found an outlet. The creation of Pakistan meant an exchange of population, and before many days had gone by thousands of men, women and children, hungry, destitute and footsore were going towards the border to find new homes. Upon them the men of Langiana vented their rage. They killed, raped and looted in full view of the guards escorting the miserable caravans. Godha Singh took more than his legitimate share. He dragged away one terrified woman after another and made her expiate the sins of someone who had never known or heard of her, while her husband and children stood petrified, horror frozen on their faces. Godha Singh was not impelled by anger or by a desire for revenge. For him it was a God-given occasion to do something he heartily enjoyed. He had always relished life in the raw, and now he got his bellyful of it. But when Godha Singh became his own master and took charge of his father's possessions, Partition was still a long way away. Not that he had much to learn from that event. His appetites had always been lusty, and he never scrupled to satisfy them. He ate heartily three times a day, wolfing his food in large mouthfuls and washing it down with great gulps of buttermilk. Twice a day he drank milk, five pints at a time. He liked it as it carne from the she-buffalo, topped with creamy froth and its flavour unimpaired by boiling. He would pick up the brass bucket, raise it to his big mouth and drain it in one long draught. Then he would drop the empty bucket, watch it roll away with a rattling sound, suck in the bubbles caught by his moustache and belch loudly, producing a resonant boom that went reverberating along the mud-plastered walls of his house. The liquor contractor's shop was in a larger village five miles away. In any case licit liquor is too expensive. The law permits the purchase and possession of only one bottle at a time by one person, and what would Godha

PATTE

r

Singh do with just on away that dry sticky 1 the illicit still was wor ?n the hot noisome Jiql 1~ long n
*

Money-lender.

:HE MAHATMA

PATTERNS OF MURDER

But they were angry and outlet. :ant an exchange of popuhad gone by thousands of .gry, destitute and footsore • to find new homes. . Upon Ited their rage. They killew of the guards escorting ila Singh took more than ~ed away one terrified wo:r expiate the sins of some- t eard of her, while her husied, horror frozen on their . impelled by anger or by a was a God-given occasion joyed. He had always rehe got his bellyful of it. ::ame his own master and sessions, Partition was still e had much to learn from always been lusty, and he 1. He ate heartily three large mouthfuls and wash[buttermilk. ·Twice a day a time. He liked it as it ped with creamy froth and ng. He would pick up the mouth and drain it in one d drop the empty bucket, lttling'.sound, suck in the che and belch loudly, prolent reverberating along the lUse . . was in a larger village five it liquor is too expensive. and possession of only one n, and what would Godha

;-

191

Singh .do with just one bottle? It wouldn't even take awar .t~at ~ry sticky taste in his· mouth. So, whenever the IllICIt stIlI. was w?rk!ng, he dra~ c?pi.ously, blowing ~m the hot .nOls~me lIqUId and drawmg It mto his mouth m long nOlsyslpS. On special occasions .like the midwinter festival of Lohri, the springtime festivities of Holi, the .New Y~ar's day on Baisakhi, and DiwaH, the great festIv~l. of lIghts, ~e drank a gallon of the flaming potion and Jomed the VIllagers in singing the traditional folk songs with their obscene phrases and catchy tunes. When he came h,
*

Money-lender.

PATIE 192

TI-J..E MURDER OF THE MAHATMA

after the mauling and battering she had received from her husband in the course of twenty years. So the years came and went, while her sorrows piled up. Yet there were compensations in her life. Her elder sons grew up and took over much of the burden and responsibility of cultivation. Her daughters relieved her of some of the household chores. The children took her side in her conflicts with Godha Singh, whir::h now became more frequent and more acrid. It was easy to pro- I<~ vide for eleven mouths if Godha Singh wanted not ojlly a lion's share of everything but extra money to spend on liquor and women. Godha Singh made no secret of the fact that he wanted other women when his wife would not come to him. He had tasted blood during the days when Freedom first came to India, and he was now constantly on the hunt. Chinto was nearly fifty, and there were times when he wanted the feci of younger and firmer flesh. 'Ohey, Mundra: he would say to his eldest son, 'ask your mother why I must go to' another woman.' Chinto did not grudge him his infidelities and his bouts of drunkenness.. Their code of morals regarded this sort of things as a mere peccadillo. Besides, she had reached the age when she wanted to' be left alone. Two of her sons had brought home wives and her eldest daughter, Deepo, was married. The son-in-law \vas a good man and lived in a neighbouring village. Her other children were growing up, and she felt contented when she looked round at the sizeable group which constituted herfamily. One afternoon in late April when the weather was warming up Godha Singh went to a neighbouring village _ to drink with a friend. When he arrived there after a hot and dusty walk of two miles he learnt that the friend was away. He retraced his steps, and by tbe time he reached home he was not only s{)ber but extremely hot and irritable. He found his entire family resting or sleeping. ! •

l.

The little ones, three b one room on the floor . jng a confused pattern' " sheet Chinto had sprea to the mud-plastered rna older sons and his wifl C;h~to and her second SIttIng outside and spir As Godha Singh ga:o ference his temper rose :I{e uttered a fiendish ' arm, pulled her up to h; e? over and fell on its s: tIaro looked at her fat! and wonderment. With Godha. Singh broke tllt knocked her down. . 'Don't do it, dOfl't do i~g at the shameful brut: dIshonour me in front ( law.' But a demon had ta '!".1e !l0vel ?arbarity of. fiendIsh delIght, and he of horrified eyes which 1 The tribal taboo, if su Godha Singh had taste( later· his appetite for tl tried to fight back, and like a piece of weak stra ened him with violence was happening to th~i; upon the scene, groaninf No words were spoken termined that such a. tt when they saw the same J a week later, they picke

PATTERNS OF MURDER I ClE MAHATMA 'i

g she had received from

· uenty years. . while her sorrows piled IS in her life. Her elder ,much of the burden and fer daughters relieved her · :S. The children took her · ha Singh, which now belcrid. It was easy to proIa Singh wanted not oply ; : extra money to spend on : Igh made no secret of the nen when his wife would ted blood during the days dia, and he was now con'las nearly fifty, and there feel of younger and firmer

lay to his eldest son, 'ask ;) another woman.' . is infidelities and his bouts E morals regarded this sort . Besides, she had reachbe left alone. Two of her ; and her eldest daughter. n-in-law was a good man iUage. Her other childn'.n cantented,:when she looked Jich constituted her family. ril when the weather was It to a neighbouring village _ he arrived there after a hot e learnt that the friend was and by the time he reached but extremely hot and irrifamily resting or sleeping.

19)

The little ones, three boys. a~d two ¥irIs, lay sprawled in ~me room£ on the floor, their lImbs cnss-crossing.and makmg a con~used patte,rn which covered the homespun cotton sheet Chmto had spread for them, and spilling over On to the mud-plastered margins. In the other .room his three oId.er sons and his wife of the eldest one were sleeping. Chmto and her second daughter-in-law, Mukhtiaro were sitting outside and spinning. ' As Go~ha Singh gazed at this scene of tranquil indifference hIS temper rose and suddenly burst out of him. I-te uttered a fiendish yell and, taking hold of Chinto's arm, pulled her up to her feet. The spinning-wheel turned over and fel! on its side. Chinto screamed and Mukhtiara looked at her father-in-law with a mixture of fear and wonderment. With one brutal jerk of his free haad Godha. Singh broke the string of Chinto's trousers and . knocked her down. 'Don't do it, don't do it,' she moaned, her soul revolt-' ing at the shameful brutality of her husband's deed. 'Don't dishonour me in front of my sons and my daughters-inlaw.' But a. demon had taken possession of Godha Singh. The novel barbarity of his act gave him a new kind of fiendis~ delight, an~ he continued regardless of ten pairs of hornfi.ed eyes whIch he knew -wyre looking at him. The tnbal taboo, if such a thing exists, was broken aud Godha . Singh ~ad tasted forbidden blood. A few days la!er hIS appetIte for the monstrous returned. Chinto t!1ed to. fight back, and spat abuses at him, but she was lIke a pIece of weak straw in his hands. His sons threatened him with violence, but, shamed by the sight of what was happening to their mother, they· turned their baCks upon the scene, groaning with the fury of impotent rage. No words were spoken between them, but each one de-· termined that such a thing must not be repeated. So, when they saw the same fiendish look in their father's face a week later, they picked up their clubs and without a

194

THE MURDER OF THE MAHATMA PATTEI

word of protest or warning they fell upon him as one man. Godha Singh called them by the foulest names he could think of, he hurled at them every imprecation he knew and every abuse in his vast vocabulary of obscenity, but he was empty-handed and outnumbered. Five minutes later he lay in front of his house, a wriggling heap alternately cursing and groaning. One of his legs was broken and his whole body ached. The bruises on his back and legs were alive with a piercing pain that stung him in several places at once and then ran all over his body, stabbing and biting into his flesh. His soils put him on a bullock cart and drove him to a village dispensary five miles away. The doctor set the bone and put a plaster cast round his leg. All the way to. the dispensary and back Godha Singh abused his sons and his wife, but the sons made no answer to him. They sat behind the bullock talking to each other in low tones. On reaching the house they lifted him out of the cart and carried him to a cot. When Godha Singh bit the arm that held him and dug his teeth into the flesh and drew blood, his son slapped him hard on the face with the other hand, but did not draw away the injured arm. As soon as Godha Singh was able to get up and hobble around, he went to the village panchayat and laid a formal complaint against his married sons and their wives. The elders knew the whole story from beginning to end. They called the parties complained. against by means of summons stamped with the seal of the panchayat. They suggested a compromise, and made it clear to both parties and particularly to Godha Singh that they were not prepared to punish the sons for what they had done nor restrict their future freedom by demanding security bonds from them. So it was decided that Godha Singh would live separately in the second house, and he would be given one of the two she-buffaloes which were in milk and also a quantity of grain. Chinto and all the children would continue

to occupy the bigger h Godha Singh accepted 1 c~rried his personal bei hIm. He drove his sh( • made a present of it to h to, Langian~ ~ few day~ self. But ltvmg by hirr self, for he continued tc ration of milk and but eat and drink his fill aJ the edge of the village. A few weeks passed li matters had, at last, f( T~en one evening towarc Smgh was· tired of doin old house a little earIie He found the family a home .some months ago was nghtfully his to ta that occasion, Deepo; th( on a short visit, was WI elder daughter-in-law , chuhla, at the back placed after being broul stay there over a gentle I top. The two married in-Ia~ were standing ar evenm;g meal out of tl younger children were playing a noisy game w Suddenly Godha Sing] The words exploded out r He waited, an angry the scene. In his hand wooden handle and heav' through a four-inch bun fodder plant which catti(

oi \\

I

. HE MAHATMA

PATTERNS OF MURDER

I

ley fell upon him as one 11 by the foulest names he lem every imprecation. he .t vocabulary of obscem~y, .outnumbered. Five mms house, a wriggling heap Ig. One of his legs w~s :hed. The bruises on hiS •a piercing pain that stun~ and then ran all over hIS his flesh. :k cart and drove him to a ·way.' The doctor set the ·und his leg. All the way dha Singh abused his sons : no answer to him. They :0 each other in low tones. ;:d him out of the cart and Godha Singh bit the arm th into the flesh and drew . on the face with the other ;e injured arm. ; able to get up and hobble poochayat and la~d a .forTied sons and their WIves. fry from beginning to end. iined .against by means of ,I of the panchayat. Th.ey lade it clear to both partIes ~h that' they were not prehat they had don~ nor resdemanding secunty bonds ha Singh would live sepaI he would be given one of re in milk and also a qt: anlIe children would contmue

I ':>

195

to occupy the bigger house in the centre of the village. Godha Singh accepted the terms of the compromise and carried his personal belongings to the house ~lIotted to him. He drove his she-buffalo to the next vIllage and made a present of it to his mother's relatives. ~e retu~ed to Langiana a few days later and began to l!ve by h~m­ self. But living by himself meant .only sleepmg ~y hl~­ self for he continued to demand hIS meals and hIS dally rati~n of milk and buttermilk from Chinto.. He would eat and drink his fil! and then go back to Ius house on the edge of the village. A few weeks passed like this and everyone thought ~hat matters had, at last, reached a satisfactory conclUSIOn. Then one evening towards the end of August, when GOdh.a Singh was tired of doing nothing, he went across to hiS old house a little earlier than usual. He found the family at home as he had the day he carr,e' home some months ago and made his wife give him what was rightfully his to take. Chinto was spinning as on that occasion, Deepo; the married daughter who h~d come on a short visit, was weaving a carpet. . Mukhuaro, the elder daughter-in-law, was attending. to, the. fire in the chuhla at the back of which the evenmg s mIlk had been placed' after being brought to. the boil. The pot was to stay there over a gentle heat tIll ail the cream rose to the top. The two m~rried sons and. the younger daughte~­ in-law were standmg and watchmg the cattle eat theIr evening meal out of the m~d-pl~stered trough. The' younger children were rompmg III front of !he. house playing a noisy gam~ without any ~l~s or obJectIve.. Suddenly Godha Smgh shouted: Bn~g me my milk. The words exploded out of hi~ like a' salvo of .cannons. He waited, an angry menacmg figure tow~nn¥ ab

196

THE MURDER OF THE MAHATMA

He waited, looking as if he expected his command to send the entire family scampering to the pot of milk. But no one moved. No one scampered. There was no panic. Chinto's spinning-wheel continued its soft hum as she drew her left hand away from the spindle, slowly lengthening the drawn thread, while her right turned the wh(;el. The continuity of .the note was punctuated with momentary pauses when a quick turn of the wheel.in the opposite direction allowed the spindle to take up the spun threa~ on the roll gradually growing on it.· Deepo went on WIth her weaving. The trio near the cattle seemedI' not even to have noticed the arrival of the old man. The yo~nger children after a moment's interruption resumed their noisy game. Mukhtiaro alone showed awareness Df Godha Singh's presence. From her place near the chuhla she was looking at him wide-eyed, wondering what he was going to say or do next. Godha Singh's grip on the handle of his chopper tightened. When he spoke again his voice was like the roar of a jungle beast. . 'I said, my milk, you bastards.' Chinto left her spinning, and from the pot on the cbuhla poured out more than a pint of milk into a large metal tumbler, taking care to hold back the floating layer of, cream with her finger. . . Godha Singh drank the milk in large mouthfuls, pausing two or three times to blow on it. Then he threw the empty tumbler across the ccurtyard and faced his wife. 'How often have I told you that I want unboiled milk. I don't want to drink boiled milk with the cream held back by your finger.' He looked round him at his sons and daughters; 'Are you listening to what I am saying? Why does this - - wife of mine give me boiled milk?' Chinto also looked round at her nine children and two daughters-in-law. She answered him without fear; and there was an edge to her voice when she spoke. She told him that the panchayat had decided the matter between

PATTE

them. She had kept 1 bad not. He had gi maternal uncles and c her children's share. I grain, but he continued young children had to I enough to spare any f alone and go to drink Godha Singh cut her 'Shut your mQuth, w ilie Creator made you. But he did not wait he raised his arm and head, imd as she fell on blows in quick success Everyone in the vill would be hanged.. But the alternative sentenc with hard labour. He t ous barbarity of Godb it seemed pointless to b in all probability not ment.

PATTERNS OF MURDER

ill MAHATMA

them. She had kept her part of the agreement, but he bad not. He had given away his she-buffalo to his maternal uncles and continued to drink the milk which her. children's sha!e. He had received his portion of the gram, but he contmued to eat his meals at her house. The young children had to be given milk, and there just wasn't enough to spare any for him. Why didn't he leave her alone and go to drink milk at his father's house? . Godha Singh cut her short with a gesture of impatience: 'Shut your mouth, woman, and do the thing for which the Creator made you. Take off your trousers.' But he did not wait for an answer. With a quick jerk he raised his arm and brought the chopper down on her head, and as she fell on the ground he gave her three more blows in quick succession and ran out of the house. Everyone in the village was certain that Godha Singh would be ha?ged. But the judge OIl convicting him passed, th.e alternative sentence of fourteen years' imprisonment WIth hard labour. He dwelt at some length on the monstr?US barbaritr of Godha Singh's crime, but observed that ~t seemed pomtiess to hang an old man of sixty who would ill all probability. hot live beyond his term of imprison. . ment.

~xpected

his command to ng to the pot of milk. campered. There was no continued its soft hum from the spindle, siowly vhiIe her right turned the 10te was punctuated with · ( turn of the wheeUn the )indIe to take up the spun )wing on it. '. Deepo went o near the cattle seemed · ivaI of the old man. The · nt's interruption resumed alone showed awareness 'fom her place near the ,ide-eyed, wondering what handle of his chopper .in his voice was like the 'Is: ·rom the pot on the cbuhla f milk into a large metal lack the floating layer of large mouthfuls, pausing 1 it. Then he threw the yard and faced his wife. hat I want unboiied milk. : with the cream held back und him at his sons and :J what I am saying? Why ~ me boiled milk?' her nine children and two d him without fear; and when she spoke. She told cided the matter between

197

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THE MUl

NINE THE MUKERIAN DACOITY

THE dacoity* with murder, committed at Mukerian, a small town on the road to Kashmir, during the night between April 1 and 2, 1957, had several remarkable features, not the least important of which were the daring with which it was executed and the wealth of evidence left behind by the CUlprits. Even so the fate of the case hung in the balance till the very end, and it ~as feared that the zeal and ipdustry displayed by the polIce in tracking down the eight offenders and bringing three of them to trial· would be rewarded by no more than a ~nse of deep and bitter frustration. The police officers of the State from the highest to the lowest watched the progress of the case with anxious eyes. It was .a mat~er of prestige with them, and the honour of the entIre pollee force was at stake. As the head of the District Police remarked, the 'incident was the first of its kind in the history of the Punjab', and it shook every nook and corner of the State so far as the administration of law and order was concerned. It was, perhaps, the involvement of the police as victims of the grim tragedy, and the sharp blow suffered by the Mukerian section of the force, which put the judiciary on its guard against the danger of giving sanction to a series of what appeared· to be reprisals perpetrated by the police after the dastardly crime, or it may have been that the

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* Robbery by five or more persons. Under the Indian Penal Code it is treated as a greatly aggravated form of robbery and is punishable with imprisonment for life and with death if murder is committed in the course of the dacoity .

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very abundance of the ! tion at the trial lent the perfection and laid it c false evidence. It has 1: which succeed most easi part of the prosecution is meagre and of a tYI carries conviction. A vulnerable points, some by the critical probe of doubts to arise in the ju police do not scruple to to strengthen what seem: the matter taken to trial not a single piece or linl such perfection is not 1 Mukerian case this ph~ prosecution a very .difficl for them all the way. BI at any stage, for the dao citadels and plunderec constable and woundec several more to the ind cell meant for criminal! and removed over a th, carried away firearms an very weapons they had, a bank and shot dead t then escaped, in th(! mos in a public bus which h whose driver was forcec threatened with instant doubtedly desperadoes 0 remedy was called for. The police wen;: not f did they relax their effoJ transpired that one of tl

TIIE MUKERIAN DACOITY

DACOITY )mmitted at Mukerian, lshmir, during the night . had several remarkportant of which were cuted and the wealth of its. Even so the fate of the very end, and it was displayed by the police Lders and bringing three ded bv no more than a ion. The police officers the lowest watched the s eyes. It was a matter Inour of the entire police Ld of the District Police :fst of its kind in the hisle every nook and corner ,tration of law and order

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It of the police as victims rrp blow suffered by the hich put the judiciary on ;iving sanction to a se~es perpetrated by the polIce may have been that the Under the Indian Penal ated form of robbery and is fe and with death if murder Icoity.

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very abundance of the material produced by the prosecution at the trial lent the case an air of artificially designed perfection and laid it open to the charge of fabricating false evidence. It has been my experience that the cases which succeed most easily and with the least effort on the part of the prosecution are those in which the evidence is meagre and of a type which, by its very simplicity. carries conviction. A many-faceted case has. some vulnerable points, some weak spots which, when exposed by the critical probe of a clever defence counsel, causes doubts to arise in the judge's mind. It is known that the police do not scruple to introduce false evidence in order to strengthen what seems to them a weak case, and when the matter taken to trial is complete in every respect, with not a single piece or link missing, it is easy to argue that such perfection is not to be found in real life. In the Mukerian case this phenomenon made the task of the prosecution a very difficult one, and it was an uphill fight· for them all the way. But there was no lack of enthusiasm at any stage, for the dacoits had stormed one of the police citadels and plundered it; they had killed a head constable and wounded two constables and subjected several more to the indignity of locking them up in the cell meant for criminals; they had rifled the police safe and removed over a thousand rupees from it; they had carried away firearms and ammunition. Armed with these very weapons they had, a few minutes later, broken into a bank and shot dead the watchman on night duty, and then escaped, in the m6stbrazen fashion, by driving away in a public bus which had been parked for the night and whose driver was forced to start up its engine by being threatened with instant death. The offenders were undoubtedly desperadoes of the worst type, and a desperate remedy was called for. The police were not found wanting in applying it, nor did they relax their efforts in the slightest degree when it transpired that one of the offenders was a nephew of no

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other person than the Chief Minister of the Punjab. The culprits were pursued and hunted down with a relentless persistence which took the toll of the lives of four of them. This circumstance alone provided the defence counsel with one of his strongest arguments against the prosecution, and a case which was perfect in every respect began to assume the appearance of being false and faked. . The story of the dacoity was a simple one. Eight persqns, some of whom were carrying firearms, went to the police station in Mukerian shortly after midnight on April 1, 1957. One of them presented himself at the front gate and asked the sentry standing just inside the iron grilledoor to open it. The sentry asked him who he was and what was his business inside the police station at that hour of the night. 'I want to speak to the Sub-Inspector: said the stranger. 'The Sub-Inspector is out on patrol duty,' the sentry replied. The stranger began to ask who else was inside and who was the officer in charge to whom he . could speak. While these two were engaged in this somewhat aimless conversation, the remaining seven men climbed on to the roof of the building from the back by placing against the wall an old wooden plank which acted as an inclined plane to give access to the roof. They had found this plank in a nearby field where it was being used to fill up a gap in the fence. A stout bamboo pole or the branch of a tree could have served the purpose equally well, for the roof of the police station was not high, and the men taking part in the exploit were experienced thieves and housebreakers. The building of the police station was planned according to the usual pattern of Government buildings of this type. At the back lay a row of rooms comprising the barracks for the residence of the police personnel and a lock-up for offenders remanded in police custody. A verandah ran in front of these rooms and gave access to an open courtyard which was enclosed by a wall on either

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side. The entrance gateway which led i courtyard. Sant Ra standing in this vesti from inside. The n of two head constab: in the courtyard un too warm to remain one inmate, Lal M! being tried on the c been remanded in po to furnish bail on h Sant Ram had not side about the purp when three men jum making a rush from disarmed him. One prove that he and hi woke everyone up, sprang up from his ( handed as he was, a Sikh, by the long hai three shots at him in the fearless lion as h Shots were also fired mamed standing and : Singh struck terror in men, and Lal Masi!: small prison throug] could see and hear e· the policemen to sta demanded the keys of for a moment, and 1 words which clearly brook no evasion: '1 Don't you know tha1 time the dacoit raisec

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· ister of the Punjab. The · xl down with a relentless , the lives of four of them. jed the defence counsel · tents against the prosecu:ct in every respect began :ing false and faked. a simple one. Eight pering firearms, went to the y after midnight on April . himself at the front gate ust inside the iron grilleked him who he was and police station at that hour o the Sub-Inspector,' said Jr is out on patrol duty,' !f began to ask who else ::er in charge to whom he in this somewhat aimless

.:n men climbed on to the · Ick by placing against the acted as an inclined plane had found this plank in a ~ used to fill up a gap in e or the branch of a tree equally well, for the roof ligh, and the men taking enced thieves and house· tion was planned accordernment buiidingsof this of rooms comprising the le police personnel and a d in police custody. A 'ooms and gave access to closed by a wall on either

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side. The entrance to the police station was through a. gateway which led into a small vestibule in front of the courtyard. Sant Ram, the constable on sentry duty, was standing in this vestibule with the outer grille-door bolted from inside. The rest of the police personnel consisting of two head constables and three constables were sleeping· in the courtyard under the open sky, as it was already too warm to remain indoors at night. The lock-up had one inmate, Lal Masih, a low-caste Christian, who was being tried on the charge of stealing molasses and had. been remanded in police custody as no one could be found to furnish bail on his behalf. Sant Ram had not finished questioning the stranger outside about the purpose of his visit to the police station when three men jumped down into the courtyard, and "by making a rush from behind overpowered the sentry and disarmed him. One of them fired a shot in the air tp prove that he and his companions were in earnest· This woke everyone up, and Head Constable Nirbhai Singh sprang up from his cot and tackled the intruders. emptyhanded as he was, and caught one of them, who was a Sikh, by the long hair of his head. His companions fired three shots at him in quick succession and Nirbhai Singh, the fearless lion as his name implied, collapsed· and died. Shots were also fired from the roof, where four men remained standing and keeping watch. The death of Nirbhai Singh struck terror into the hearts of the remaining police men, and Lal Masihbegan to wail helplessly from his small prison through the grille-doorway of which he could see and hear everything. The dacoits now ordered the policemen to stand in a row on the verandah. and demanded the keys of the store-room. There was no reply for a moment, and the· demand was loudly repeated 'in words which clearly indicated that the questioner Would brook no evasion: 'Incestuous ones, where are the keys? Don't you know that we are lion-killers?' At the same time the dacoit raised his pistol in a threatening gesture. 4

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said that Nirbhai Singh always kept the keys. Nirbhal Smgh had been wearing only a vest and underdr~wers, so the keys must be on his cot. They were found lymg under the pillow of his empty bed. In the storeroom was a rifle rack in which a number of guns had been placed and secu~ed by means of a staple and lock arrangement. A polIce constable was led inside and ordered to open the lock. In his nervous fumbling the key broke and the rack could not be opened. But a rifle, a double:barrelled shot-gun, three revolvers, a pistol, four b~dolIer~ and a leather bag containing thirty cartridges, a signet-rmg and a gun licence, which were the personal property of Sub-Inspect.or Shiv Parshad, were lying loose an~ .were. removed. One of the constables was deprived of ms wnst-watch when he was seen wearing it. An iron safe embedded in the floor of the vestibule was broken open. It contained a small cash-box which yielded over a th.ousand rupee;s i~ currency notes. These things together with the sentry s nfle were all the booty readily available, and the rifles in the rack had regretfully to be left behind. Before leaving, the dacoits pushed the policemen into the store-room and locked the door from outside. They opened the lock-up and ~old Lal Masih to run away, but the wretched man was too frightened to avail himself of this opportunity. Besides, he knew that he would certainly be re-arrested and faced not only with the minor charge ?f a small theft but the much more serious one of escapmg from lawful custody. So he begged his liberators to leave him alone for he was a poor low-caste sweeper. The dacoits now proceeded to the local branch of the Punjab National Bank hardly a furlong away. The bank premises consisted of a single room with a safe for cash an9-. valuables, a steel cabinet for files and registers, a wntmg-table and some chairs. It was a small branch and was manned by two men, the manager and his clerk. Every day at closing time the safe and the cabinet were locked up and the keys taken away by the manager. The

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caretaker-cum-peon, v acted as night watch] bank. He always k( wooden shutters to tt of the bank room. 'I ~hutters, and through ; mto .the room. The ( and, picking up his gl burst into the room a them hit the caretaker ~g v?th pain and frigl hIS nght ann and ent, tangle of light suddenb opposite the bank. S; out into the street and light was promptly sw dent of the hous~ opp through a small openir afoot and watch what The dacoits were in and valuables for· whic venture. The steel cab revealed only files and fused to yield its conte ~nd tried to prize Opel were of no avail. They 3 a.m., and reports of- ( body was blowing a wl ?ecided to leave unopen mcestuous product of·, the bank.· .. . Four hundred yards· a mg-place. On reaching driver of the bus standiIi and began too run away.. to start up the engine.. the driver's seat and tole

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h always kept the keys. , only a vest and under· ; cot. They were found )ty bed. In the storei number of guns had IS of a staple and lock e was led inside and :rvous fumbling the key · opened. But a rifle, a evolvers, a pistol, four ~ining thirty cartridges, hich were the personal rshad, were lying loose · onstables was deprived ~n wearing it. An iron : vestibule was broken )x which yielded over a These things together Jooty readily available, tfully to be left behind. · the policemen into the n outside. They opened , to run away, but the to avail himself of this Iat he would certainly with the minor charge 'e serious one of escaplegged his liberators to : low-caste sweeper. he local branch of the rlong away. The bank n with a safe for cash r files and registers, a vas a small branch and lanager and his clerk. ~ and the cabinet were 'by the manager. The

THE MUKERIAN DACOIlY caretaker-c~m-peon,

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who was provided with a shot-gun, acted as mght watchman and slept on a cot inside the bank. He always kept the light on and, after fixing wooden sh;utters to the outer verandah, bolted the door of the bank room. The dacoits broke open the wooden ~hutters, and through a hole in the door fired a rifle shot mto th.e ~oom. 'f!1e caretaker jumped up from his bed and, pIckmg up hIS gun, began to load. it. The dacoits bUrst into the room and fired two more shots. One of !hem hit the caretaker and he fell down on his cot groanl~g ~th pain and fright. The bullet had passed through hIS nght ~rm and entered the abdomen. A yellow rectangle. of lIght suddenly appeared in the wall of the house oPI>
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The others iook their seats in the rear portion of the bus, and the vehicle was driven away. Two miles from Mukerian the bus was stopped and the driver was told to get off. Leaving him on the roadside, the ~acoits drove on for another few miles and then, .abandomng the bus, went . their various ways. . Sub-Inspector Shiv Parshad, the officer in c~arge of t~e police station was returning home after makmg II frUitless search fo; a boy who had been reported missing. On nearing Mukerian, he sent ahead one of the constables who had accompanied him. The man came back· a few minutes later and said that the police station was fired at. Shiv Parshad, too, now heard the report of the gun-fire. Neither he nor his subordinate, who now joined him, had any arms, and, as it would have been an act of unmitigated folly to proceed farther empty-handed, the Sub-Inspec.tor called two residents of Mukerian who· had been granted gun licences and were known to p~ssess firear~s. This occasioned some delay, and, by the tIme the polIce party had taken up t~eir positio!1s on t~e fir.st floor of. a house situated oppoSIte the polIce statIOn, It was qUIet around and in front of them. From the balcony two sho~s were fired into the air, and the Sub-Inspector blew hIS whistle long and loudly. He called out the names of the head constable and constables at the police station, but there was no response. Emerging from cover, the SubInspector's party crept slowly towards the gate of the police station. When they were near the door, they heard the sound of another shot which appeared to have been fired near the bus-stand. So the Sub-Inspector led his party to the otls-stand. Someone met them in the way and told them that the dacoits had driven away in a bus going southwards towards Jullundur. . To an Indian policeman the recording of th~ ~rst. 10formation report and the preparation of case diarIes I~ a sacred ritual which must take precedence over everythmg else. So, instead of pursuing the culprits in another motor

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vehicle, Shiv Parshad time by going back tc a detailed report of t as narrated by Sant R sentry duty. Perhap~ back 'and not follow and dire danger. Sant Ram on beinl scribed the arrival of 1 the enormities perpet checked the contents complete list of the : Ram's statement. I single sheet of foolsca and also the list of th( pared in quadruplica copies similar in. ever: a previous chapter tl; a very important doc case for the prosecut any account prepared his duty. Sometimes escape of a criminal, offences, the disappe evidence are minor in compared to the reCOl Report. So much matter goes to court, tion Report, and so m merits of this vital d( to it is pardonably 10 a policeman can com Thspector Shiv Parsha, caution in writing the sheet of paper on whi port furnished a comr: list had been preparet

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· . rear portion of the bus, i Two miles from Mukee driver was told to get ie, the dacoits drove on bandoning the bus, went

e officer in charge of the ne after making a fruit· en reported missing. On d one of the constables e man came back a few · )lice station was fired at. ·le report of the gun-fire. · ,ho now joined him, had )een an act of unmitigat-handed, the Sub-Inspecukerian who had been IOwn to possess firearms, t, by the time the police os on the first floor of a ·ice station, it was quiet )m the .balcony two shots :~ Sub-Inspector blew his ,led out the names of the :It the police station, but ;ng from cover, the Sub;owards the gate of the near the door, they heard ~ appeared to have been ie Sub-Inspector led· his le met them in the way lad driven away in a bus Idur. recording of the first ination of case diaries is a 'ecedence over everything culprits in another motor

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vehicle, Shiv Parshad proceed~d to v.:aste much p~ecious time by goin a back to the polIce statIOn and drawmg up a detailed report of the happenings at the police. station .as narrated by Sant Ram, the constable ,,:,ho had been on sentry duty. Perhaps, also, he thought It better to stay. back ·and not follow up a trail fraught with immediate . and dire danger. Sant Ram on being liberated from the store-room described .the arrival of the dacoits and narrated the story of the enormities perpetrated by them. The Sub-Inspector checked the contents of the store-room, and recorded a complete list of the missing articles at the end of Sant Ram's statement. Fortunately for the prosecution a single sheet of foolscap paper bore Sant Ram's statement and also the list of the stolen goods. The report was prepared in quadruplicate-the original and three .carb
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report at a late stage when the police had advanced some way towards completing the investigation and matured their plan. One copy of the report and the list was despatched by special messenger to the magistrate in charge, of Mukerian. This was received by him at 10 a.m. the same day. The magistrate noted the time in his own hand and placed his initials on the document. There·after it remained in his custody till it was produced at the trial. The list contained the following items: I.

2. 3. 4. 5.

6.

7. 8.

.303 bore rifle. Very light pistol. Service revolver of .455 bore and 30 bullets. Another revolver of .455 bore and 10 bullets. Double-barrelled gun and a leather bag containing a silver signetring with the letter 'S.P.' engraved on it, and a gun licence. These were the personal property of Sub-Inspector Shiv Parshad. Revolver of .38 bore deposited in the police station by Flying Officer Naresh Chander, who had come to visit his relatives on leave and did not want his firearm to be lost or stolen. The wrist watch of Achhar Singh, constable, with the name 'Achhar Singh' engraved on its back. The rifle and bayonet of Sant Ram, the constable on sentry duty.

The cash removed from the iron chest was strangely enough not mentioned in this list, though Sant Ram had mentioned it in his statement. By the time the formalities of drawing up the First Information Report and despatching one copy of it to the magistrate and the other to the district head of the police wer.e completed, the day had dawned and the fears induced by the darkness of the night had dissolved. A lorry sent

for by the Sub-Inspect police station ready to inen in pursuit of the da could not be overtake] which they had travell roadside. It yielded ve Its driving wheel and marks, and one of the and almost perfect im] Sub-Inspector saw thes photographer. In the meantime ana bank premises and beg that end of the crime. ' but. the wounding with who, though still alive, a grave matter and ac cause it had been cau diately before, storme police gun had been fire finger-marks on the fili top of the writing-tabl< These were kept intact grapher. No other .elu, of the house Opposite, being woken up by the the dacoits and would them again. When the news of t the State, it caused c police force into a statl and vicious assault on never been heard of i administration, which police serVice able t turbulent and the 1 States- had always adl

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. ,lice had advanced some ; estigation and matured 'rt and the list was deshe magistrate in charge by him at 10 a.m. the Ie time in his own hand ment. Thereafter it reroduced at the tria]. ~ items:

I . lore and 30 bul1ets. bore and 10 bullets. a leather bag containwith the letter 'S.P.' n licence. These were )f Sub-Inspector Shiv . ~posited in the police • Naresh ehander who '. tives on leave a~d did lost or stolen. . Singh, constable, with ~ngraved on its back. 'lOt Ram, the constable I chesLwas strangely :hough Sant Ram had

iwing up the First In~ one copy of it to. the rict head of the police and the fears induced ';solved. A lorry sent

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for by the Sub-Inspector was standing in front of the police station ready to take him and a posse of policemen in pursuit of the dacoits. Needless to say, the dacoits could not be overtaken and apprehended. The bus in which they had travelled was found abandoned by the roadside. It yielded very important evidentiary material. Its· driving wheel and windscreen bore several finger marks, and one· of the mudguards displayed a complete and almost perfect impression of a human palm. The Sub-Inspector saw these marks and sent for the official photographer. In the meantime another police officer had gone to the bank premises and begun conducting the investigation at that end of the crime. There was here no loss of property, but the wounding with a firearm of the night watchman who, though still alive, was not expected to survive, was a grave matter and acquired an even graver aspeci, b 7cause it had been caused by the gang who had, immediately before, stormed the police station. Perhaps a police gun had been fired at the victim. The officer noticed finger-marks on the filing cabinet, the iron safe, the glass top of the writing-table and the handle of a hand blotter. These were kept intact to await the arrival of the photographer. No other clues were discovered, but the 'resident of the house opposite, who had switched on his light on being woken up by the sound of gunfire, said he had saen the dacoits and would be able to identify them. if he saw them again. When the news of this daring outrage spread through the State, it caused consternation and threw· the entire police force into a state of stern indignation.. Such a bold and vicious assault on the guardians of law and order had never been heard of in the whole history of the Punjab administration, which had always boasted of a 'strong' police service able to deal effectively with the most turbulent and the most desperate criminals. Other States had always admired the Punjab police, and their

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methods had aroused envy. During the days of the Bri.tish Raj, Punjab policemen were often requisitioned to suppress political disturbances and the nefarious activities of revolutionary gangs, and they had invariably achieve.d complete success whatever .the envious ones might say about the manner in which they employed their extraordinary talents. In Republican India, when Bhupat's gang of robbers and murderers was terrorising the people of Rajasthan, the Government of India had sent a Punjab policeman to deal with the situation, and he had capturor 'liquidated' the entire gang so swiftly and effectively that 'its leader, Bhupat, had been obliged to flee and seek asylum in Pakistan whence he n~ver returned home. Peace had been restored to Rajasthan by a Punjabi.' It was this sam Punjabi, Mr. Ashwini Kumar, who now held the post of Deputy Inspector-General of Police and was in charge of the Western Range in which the town of Mukerian is situated. He at once assumed personal control of the investigation and sent out instructions calling upon all police officers to strain every nerve and spare no effort to trace the culprits and bring them to book. There was almost an unparalleled wealth of data to proceed from. The dacoits had been seen' by several persons who had had ample opportunity of observing their features. There were, to begin with, one head constable and four constables in whose presence Nirbhai Singh was murdered and the store-room plundered. Lal Masih, the inmate 'Of the lock-up, had also seen some of the offenders. Then there was Dr. Bal Krishan, the resident of the house opposite the bank premises. He told the police that he would be able to identify some at least of the culprits. . The driver of the bus in which the dacoits had escaped would also be . of some assistance in the matter of identification, and finally there was Daffedar Mota Singh, who claimed to have met the dacoits when they were going to the Punjab National Bank after visiting the police station. The dacoits were obviously fearless

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and experienced rob1 Bureau at Phillaur rot of many of them. Tht wheel, windscreen and various articles in the· bureau officials to tn eight different teet we the back of the police These were carefUlly e from them. An expe erringly to pick out co them again, and he w court the accuracy of. parison of the mould~ they were found. A identifiable, because tl obviated any p08sibilil bers engraved upon tl gun licence also 'bon leather bag, too, wm Shiv Parshad. There would thus hi of the dac6its and hat and the stolen goods would doubt the geni lieve the evidence of tl tification by the eye-' reliable. But how Vi and identified? Wou' cords of all convicts aI Not at this stage, re Phillaur Bureau finge the 'ten-fiuger system offender only when t available. . This Systf sitating far less staff limited. It is useful

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ing the days of the Brie often requisitioned to d the nefarious activities had invariably achieve.d mvious ones might say employed their extradia, when Bhupat's gang . rrorising the people of : Idia had sent a Punjab ion, and he had captur• !;o swiftly and effective. 'een obliged to flee. and :Ie never returned home. I ;than by a Punjabi.' It i Kumar, who now held leral of Police and was in which the town of , assumed personal conout instructions calling {ery nerve and spare no ing them to book. t~led wealth of data to 'I~en seen' by several permity of observing their ith, one head constable ::nce Nirbhai Singh was (defed. LaJ Masih, the :en some of the offendhan, thy resident of the s. He . told the police ome at least of the culwhich the dacoits had ,ssistance in the matter ie was Daffedar Mota the dacoits when they al Bank after visiting vere obviously fearless !

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and experienced robbers. and the Police Fingerprint Bureau at Phillaur must have records of the fingerprints of many of them. The impressions found on the steeringwheel, windscreen and mudguard of the bus and on the various articles in the bank room would surely enable the bureau officials to trace the culprits. Track marks of eight different feet were observed on the soft ground at the back of the police station and also in the courtyard. These were carefully examined and moulds were prepared from them. An experienced tracker would be able unerringly to pick out corresponding tracks whenever he saw them again, and he would be able to demonstrate to the court the accuracy of his observation by making a COlnparison of the moulds with the feet of the culprits when they were found. Almost all the stolen articles were identifiable, because they bore individual marlrJngswhich obviated any possibility of error. The firearms had numbers engraved upon them. The watch, the ring and the gun licence also bore the names of their owners. The leather bag, too, would be recognised by Sub-Inspector Shiv Parshad. There would thus be enough evidence to prove the guilt of the dacoits and hang them if only they could be found and the stolen goods recovered from them. No court would doubt the genuineness of the recoveries or disbelieve the evidence of the fingerprints, even though the identification by the eye-witnesses were treated as not quite reliable. But how were the dacoits to be apprehended and identified? Would the Fingerprint Bureau, where ree cords of all convicts are maintained, be able to trace them? Not at· this stage, regretfully, said the experts. In the PhiHaur Bureau fingerprints are catalogued according to the 'ten-finger system', which is designed to trace an old offender only when the prints of all his ten fingers are available. This system is, no doubt, economical, necCSsitatino- far less staff and storage space, but its scope is limited. It is useful only when it is necessary to trace

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the identity or the previous history of a person who has already been apprehended and is being inter.r0gat~d. The 'single-finger system', on the other hand, IS ::teslgned to trace the identity of a criminal from e~en asm&le fingerprint left by him on the scene of the cnme. 'f!1IS sys~em, had it been practised at Phillaur, would have .lmmedla~e­ ly revealed the identity of four of the Mukenan ~acOlts, and the investigation could have been completed In l~s (han a week. It is to be hoped that, when finances permIt, the 'single-finger system' prevalen~ in m?st of t~e western countries would also be adopted III IndIa. In the meantime a great deal of empirical hit-or-miss, which is a feature •of our. present-day crime investigation, i~ likely to continue. And this is exactly what happened m the case . we are concerned with. There arc, however, compensating factors. The ph.enomenal luck of the police in these matters often supphes a much-l],eeded clue or piece of evidence. They say t~ey have a hunch about these things. When a senous cnme has been committed, rumours slowly begin to take coherent shape; there are traitors in the underworld who are willing to sell important informatio~, and final!y for the offender himself there is the temptatIOn of securmg a pardon in lieu of an undertaking to become· an approvera witness for the pmsecution, instead of standing. in th,e dock and being tried on a capital charge. The mvestIgation of the Mukerian dacoity followed the usual pattern. The usual police method of summoning the bad characters whose names were borne on police records was the obvious preliminary step. At first it yi~lded no :esults f
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dacoits were interrog; cause nothing substant was a great deal of g hazard floundering. ' tire Punjab police for, fitable, and more than arrest havirig been rna But then suddenly rapidity. Acting on ganised a number of I April. The house of I village, was raided e; Rurawas not at home village produced no r called the Sub-Inspectc to a friend's well in a policemen went and I the well. At 6.45 p.n quite unconcerned ane wait for him. When I out of their cover and ment and anger they! was a well-deserved th resistance offered by R him. He was carryin~ sixteen cartridges. AI that an attempt had b number engraved UpOI 758 were discernible or the barrel fitted into th fied to be the one whi Parshad and had been station by the dacoits. To continue this pa gated. After some da he agreed to give mon led to the recovery of a

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Y of a person who has eing interrogated. The r hand, is designed to lID even a. single fingerle crime. This system, would have immediate. the Mukerian dacoits, been completed in less . t, when finances permit, in most of the western n India. In the meanJr-miss, which is a fearestigation, is likely to It happened in the case 19 factors. The phenonatters often supplies a lence. They say they When a serious crime fly begin to take coheIe underworld who are ion, and finally for the ition of securing a parbecome· an appro'Ver.ead of standing in the I charge. The investiowed the usual pattern. ning the bad characters :e records was the ob: yielded no results for ed interrogation of this than perfunctory, and t is impossible to notice e or a halting evasive 1 seemingly unconnecticked up, pursued and ! occasion two of the

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dacoits were interrogated and allowed to go away, because nothing substantial emerged from the enquiry. There was a great deal of groping in the dark and much haphazard floundering. The combined activities of the entire Punjab police force seemed to produce nothing profitable, and more than a fortnight passed without a single arrest havirig been made . But then suddenly events crowded in with surprising rapidity. Acting on s~cret information, .the police or: O'anised a number of raids on the 17th, 18th and J 9th Q[ ApriL The house of RUra, a bad charac.ter of Chuh~rpur village, was raided early on the mornmg of ~pr.II 17. Rura was not at home, and a search made for him m the village produced no result. The next day Mr. Kumar called the Sub-Inspector and told him that Rura w0l!ld go to a friend's well in another village. A party of slxtctn policemen went and posted themselves on the route. t? the well. At 6.45 p.m. Rura was observed approa.chm¥. quite unconcerned and ignorant of the ambush Jymg In wait for him. When he came near, the policeme,n rus~ed out of their cover and overpowered him. In thelf excitement and anger they gave him what t?ey,. no doubt, felt was a well-deserved thrashing with theIr sticks. Also .the resistance offered by Rura justified the use of force a~a~nst him. He was carrying a gun -and a cloth bag contammg sixteen cartridges. An examination of t~e gun showed that an attempt had been made to file oft and erase the number engraved upon it at two pl~ces, but the figures 758 were discernible on the front portIOn of the butt.whe~e the barrel fitted intO' the socket. The gun was thus Iden~l­ fied to be the one which belonged to Sub-Inspe.ctor S~IV Parshad and had been removed from the Mukenan police station by the dacoits. . . . . To continue this part of the story, Rura was mterrogated. After some days his resi.stance was .softened an.d he agreed to give more informatIOn about hlmse.If. !hlS led to the recovery of a revolver and a country-made pistol

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from a place concealment in Rura's field, and Sub-Inspector Shiv Parshad's gun licence and signet-ring from his house. The number of the revolver at an easily noticeable place had been filed off, but on the underside of the barrel and concealed by a thin metal rod the same number was intact. This was seen on the rod being removed, and in this manner the revolver was unmistakably. identified to be the property Qf Flying Officer Naresh Chand, who had deposited it in the store-room of the Mukerian police station. It will be remembered that this fact was mentioned in the First Information Report, and the number of the revolver was stated in the list of missing articles. Flying Officer Naresh Chand had in his possession a receiot given him when he deposited his weapon, and this re~eipt also bore the same number. TI1e signet-ring and gun licence were, of course, immediately identifiable. So from Rura's possession four items of stolen property were recovered. The matter, however, did not rest there. Immediately after his arrest two identification parade~ were held. Rura was made to stand with a number at other persons, and he was'told that he could take up any position he liked. The witnesses were then called one by one and the magistrate who was conducting the parade asked them if they could see and pick out anyone or more of the dacoits. Seven out of the eight eye-witnesses correctly pointed at Rura, saying that they bad seen him taking part in the Mukerian dacoity. Another raid at another place the same evening (April 18) led to the arrest of another bad character, Gyan Sing~. Concealed under bis shirt and tucked into a fold of hIS loin-cloth was found a pistol. A few days later he made a statement which led to the recovery of a shot-gun and some cartridges from a field in which he had previously buried them. At two identification parades held on two successive days after his arrest, he was correctIy,Pick.ed out by seven out of the eight persons called to Identify him.

THEMl

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It was also on the ni of 140 policemen was s 3 a.m. the party was f and in the course of t two men, Mohna and were suspected to be rr was not possible to pre to enable the witnesses fication, so the police tl skin from their fingers separate bottles of spi] later taken and camp: fingerprints on the vari pressions from the piel ed with the marks fou A fourth raid was 1 in the city of Amrits< Pratap Singh Kalron, it was a bold step to 1 Jagjit Singh was seen apprehended without ~ sion a revolver with al ed. It was proved lal expert that Head Can: a shot fired from this his death had been re( parison of the markin bullet fired from J agji all that both had pass< in the process receiVe< has been scientifically dence is as accurate at as the evidence based cause identical marks two guns produce the sian-cap of the cartri, when the trigger is p

: MAHATMA

ra's field, and Sub-Ins· md signet-ring from his :r at an easily noticeable Ie underside of the barI rod the same number · :he rod being removed, 'as unmistakably,identi, Officer Naresh Chand, -room of the Mukerian )ered that this fact was :l Report, and the numthe list of missing arti· d had in his possession • -osited his weapon, and Jmber. The signet-ring mmediately identifiable. terns of stden property ·ever,did not rest there. ) identification parades tand with a number of it he could take up any , were then calJed one by conducting the parade ick out anyone or more eight eye-witnesses corhat they had seen him iity. the same ev~ning (April I character,.Gyan Singh. .cked into a" fold of his few days later he made >very of a shot-gun and vhich he had previously on parades held on two he was correctly picked orsons called to identify I

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213

It was also on the night of April 18 that a third party of 140 policemen was sent to a village near Amritsar. At 3 a.m. the party was fired upon. The police fired back, and in the course of the brief skirmish which followed, two men, Mohna and Charna, were shot dead. . Thev were suspected to be members of the gan~ of dacOlts. It was not possible to preserve the dead bodIes long e.noug~ to enable the witnesses to be called for purposes of IdentIfication, so the police took the pre<;aution o~ rem~)Ving the skin from their fingers and preservmg the pIeces III twenty separate bottles of spirit. From these, impressions were later taken and compared with the photographs of the fingerprints on the various artides at the bank. The impressions from the pieces of Mohn~'s fing7Ts corresponded with the marks found on the steel cabmet. A fourth raid was made on the house of Jagjit Singh in the city of Amritsar. J a~iit Si~~h is the ne?hew Pratap Singh Kairon, the ChIef Mmister of PunJab, anti it was a bold step to decide on his arrest. At 1.30 a.m. Jagjit Singh was seen comi~g out of his house .. He was apprehended without any dlfficulty, and from hIS possession a revolver with all six chambers loaded was recovered. It was proved later by the evidence of the ballistic expert that Head Constable Nirbhai Singh wa~ killed by a shot fired from this revolver. The bullet which caused his death had been recovered from his body" and a coIpparison of the markings found- ~n this bullet with a test bullet fired from Jagjit Singh's revolver left no doubt at all that both had passed through the same barrel a.nd had in the process received identical patterns o~ markmgs. ~{ has been scientifically demonstrated that thIS t~pe of eVIdence is as accurate and as free from any margm of error as the evidence based on fingerprints. No two revolvers cause identical marks on bullets fired from them, and no two guns produce the same kind of dent on the percussion-cap of the cartridge by the impact of the .~alIl:mer when the trigger is pulled. In the case of Jag]lt Smgh

of

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also an identification parade was held under the supervision of a magistrate, and all eight witnesses were able to point him out as one of the dacoits. .But perhaps the most telling piece of evidence against him was the fact that the clear and complete impression of a human palm on the bus in which the dacoits had driven away was unmistakably prov'(:d to correspond in every detail with an impression taken from Jagjit Singh's right hand. The crowded and hectic period of less than forty-eight hours during which three of the culprits were apprehen?ed and two others killed was followed by nearly a fortOlg.lJ.t of comparative inaction. Then on May 3 a police party went to a village near Amritsar and surrounded the house of a well-known bad character. The police had infor,mation that Surinder, who was one of the absconding dacoits, had taken shelter in this house. There certainly was solheone in the house, for the door was bolted from inside. The inmates were called upon to come out and surrender. By way of reply shots were fired from .the house on the police party. So Mr. Kumar, who wa~ himself leading the raid, directed that a hole be made III the roof and a tear-gas bomb dropped inside. This was easily accomplished, because the roof was made of unbaked clay bricks resting on wooden beams a~ld plastere? over with mud. The smoke drove out Surrmder, for It was, in fact, he who had taken shelter in the house. But the hunted man had no desire to surrender. He came out firing at the police party and was shot dead. The rifle with which he' was armed was one of the weapons stolen from the Mukerian police station. This left only two men unaccounted for, and it was not. long before they, too, were rounded up. Their names had been revealed to the police by Gyan Singh, and a hunt for them was being conducted. In the b~ginning ?f August, Harbhajan Singh, a resident of Hos~1arpur d.1strict; not far from Mukerian, went to the pohce and mformed them that the wanted men, Faqira and Mula,

THE)

were living at a farn Uttar Pradesh. Har' napur, and he had ; gone there on one 0 was immediately or~ napur. Mula and] police had to wait • to take action presen that both of them v travelling by bus to placed itself on the Harbhajan Singh's 1 by him for a drink. .. Mula was found 1 ed. From a cloth b of potatoes and a re was proved to ,be tb shad had deposited fore going out to se~ ed missing. As fOl happened in Harbha

1

Mula left for Faqira remained Bishan Singh als, after the departu police through Bi When Bishan Sinl suspicious. We 1 was armed with aimed his gun a1 the barrel and tUl the result that tb He again loaded 1 him. We grappl' So in self-defenc< spot.

MAHATMA

held under the super: rht witnesses were able · ::oits. But perhaps the 'linst him was the fact ssion of a human palm ,d driven away was un, in every detail with an h's right hand. · of less than forty-eight Iprits were apprehended d by nearly a fortnight 1 May 3 a police party d surrounded the house ·lIe police had infOl;mathe absconding dacoits, 'There certainly was or was bolted from inIpon to come out and ts were fired from the . Kumar, who was hima hole be made in the ·.ped inside. This was roof was made of unen beams and plastered Ie out Surrinder, for it eIter in the house. But :0 surrender. He came d was shot dead. The {as one of the weapons station. nted for, and it was not. Ilded up. Their names by Gyan Singh, and a ::d. In the beginning of lent of Hoshiarpur disIt to the police and inlen, Faqira and Mula.

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were living at a farm in Punnapllf village in the State of Uttar Pradesh. Harbhajan Singh also had a farm at Punnapur. imd he had seeJ?- Mula and .~aqira whe~ he had gone there on one of hIS frequent VISItS. A polIce party was immediately organised and taken post-haste to Punnapur. Mula and Faqira had gone somewhere and t.he police had to wait for two days before the. opportumty to take action presented itself. On August 7 It was learnt that both of them were at the farm and Mula would be travelling by bus to the town of Pilibhit. A police party placed itself on the bus route an~ a~other party l~ft. for Harbhajan Singh's house where raqIra had been mVlted . by him for a drink. . . Mula was found travening on the bus and was arrested. From a cloth bag which he was carrying two pounds of potatoes and a revolver were reC
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Mula left for Pilibhit on some private bu~iness. Faqira remained with me an~ both. of us took hq~or. Bishan Singh also had a drmk WIth US. . Some time after the departure of Mull!: I sent ~ message. to the police through Bishan Singh that Faqlra wa~ With me. When Bishan Singh did not come back, PaqIra became suspicious. We were sitting on the same cot and he was .armed with a loaded single-barrelled gun. He aimed his gun at me. I succeeded in taking hold ,of the barrel and turning its muzzle towards the sky, WIth the result that the bullet went up and I was not hit. He again loaded the gun. I snat~hed the weapol;1 from him. We grappled. I was afraId he would kIll me. So in self-defence I fired at him and he died on the spot.

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coits, but by way of abundant precaution Gyan Singh had been made an apprbver. Thus there would be no loophole left for the remaining three. Adding up the evidence against each of them, any prudent person would arrive at the only possible result-a certain verdict of guilty. What the law required was the satisfaction of a prudent man and the prudent man would be presented with the following facts: (i) RURA. On his arrest he was found in possession of a gun stolen from the Mukerian police station; from his house Sub-Inspector Shiv Parshad's ring and gun licence were recovered. His fingerprints were found on the iron safe in the bank and he was identified by seven persons. He had declined to take part in the identification parade and his refusal was an indication of guilt. The evidence of Gyan Singh, approver, would implicate him fully. (ii) MULA. The service revolver of Sub-Inspector Shiv Parshad was found in his possession. On his information a rifle stolen from the police station was recovered from a place of concealment, his fingerprints were found on the filing cabinet in the bank and he was identified by six persons. He was also fully implicated by the approver. (iii) JAGJIT SINGH. The revolver, with which Head Constable Nirbhai Singh was shot dead was found in his possession at the time of his arrest. The impression of his right palm was found on the mudguard of the bus on which the dacoits had driven off, and he was identified by eight eye-Witnesses. In addition, there was the testimony of the approver against him. Besides this there was the evidence of association between the prisoners and the men who had been killed during the investigation of the case. ft was proved that these men had been in gaol together at various times during the years preceding the dacaity. There was also evidence of their movements before and after the dacoity. Aho-

THEM gether it was as comp one hoped to handle ( The three prisoners before an experienced ' on March 25 1957 ' prosecution ~xamin~da twenty-nine hid. . The'· • )Udg. O H mg all three priso) e sentenced each of t' ~ to the High Court fo; At the same time the order of conviction. T heard by a Division Bp nam Singh and myself~ Co.unsel for the defer SCCUtIon from all sides dence produced at'the ~ story was a piece of u course, deny the dacgil of ~rm~ and ammunitio mamtamed that the rei faked. His argument not by Jagjit Singh M" bef.ore us, but by the ~ theIr, encounters with th der and Faqira) and fOu' the approver Gyan Sing r~overed from the culj pnsoners. With regard th~ learned counsel argl mItted .at night and the precautIon of masking th serve~ their features. 1 the w~tnesses before the v t~e .wItnesses. had agreed tifymg them m the presen were aSSUred by the poIi(

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precaution Gyan Singh 'hus there would be no three. Adding up the . lY prudent person ~ould Ilt-a certain verdIct of ., .vas the satisfaction of a . nan would be presented was found in possession rian police station; fro.m rshad's ring and gun hc: .prints were found on the , s identified by seven per.part in the iden~ification indication of guIlt. ~e ver, would implicate hIm ~volver of Sub~In.spector

)ssession. On his mformlice station was recovered :is fingerprints wer~ found ~. and he was identified by mplicated by the ~pprover. revolver with which !lea? lOt dead was found .m hIS Irrest. The impressIOn of e mudguard of the bus on off, and he was identifie? lition, theFt': was the testlhim. ~vidence of association ben who had been killed dur::. It was proved that th~se 'r at various times dunng ~ There was also evidence after the dacoity. Alto-

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219

gether it was as complete and convincing a case as anyone hoped to handle or try. The three prisoners were committed to stand their trial before an experienced Sessions Judge. The hearing began on March 25, 1957, and ended on July 11, 1957. The prosecution examined 160 witnesses and the defence twenty-nine. The judge pronounced judgment on July 16. holding alI three prisoners guilty of dacoity and murder. He sentenced each of them to death and referred the case to the High Court for confirmaiion as required by law. At the same time the prisoners filed appeals against the order of conviction.. The appeals and the reference were heard by a Division Bench consisting of Mr. Justice Gurnam Singh and myself. Counsel for the defence attacked the case for the prosecution from all sides and challenged every piece of evi- , dence produced at the trial. He contented that the whole story was a piece of pure fabrication. He could not, of course. deny the dacoity. the murders and the removal of arms and ammunition from the police station, but he maintained that the recovery of the stolen articles was faked. His argument was that the crime was coinmitted not by Jagjit Singh, Mula and Rura, the three appellants before us. but by the four men who had been killed in their. encounters with the police (Mohna. Cbama. Surrinder and Faqira) and four other persons including perhaps the approver Gyan Singh. The arms and other articles recovered from the culprits had been 'planted' on the prisoners. With regard to the evidence of identification. the learned counsel argued that as the crime was committed at night and the offenders must have taken the precaution of masking their faces, nobody could have observed their features. They must have been shown to the witnesses before the various identification parades and the witnesses had agreed to gO' through the farce of identifying them in the presence of a magistrate. because they were assured by the police that these genuinely were the

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THE MURDER OF THE MAHATMA

dacoits. The evidence of fingerprints was similarly charucterised as false and fabricated. There was no guarantee that the expert had before him photographs of prints fOlmd at the spot and not impressions taken from the prisoners' hands after their arrest. To support his submissions, learned counsel relied upon a number of circumstances. He pointed out the significance of certain dates. He argued that though Mula had a pock-marked face (he had contracted smallpox at the age of 12) and Faqira was lame in one leg, these facts had not been stated by Sant Ram, sentry, when he made the First Information Report. J agjit Singh alleged that his right arm was quite unserviceable, as he had some years ago so badly dislocated his shoulder that he was unable to lift his arm or wield a weapon, nor would he be able to climb a wall as this would necessitate pulling his weight up with both hands. The main argument in appeal, however, was that the case was the first of its kind both as regards the enormity of the crime committed and also as regards the class of persons victimised. The crime had aroused the indignation of the entire police force in the State and exercised theiJ; minds to an unprece.dented degree. All police officials in the State, therefore, were anxious to get to the bottom of the affair and punish the culprits. In their zeal and anxiety (so the argument proceeded) the officials were ready to punish anyone and make an example of him. They, therefore, rounded up the most likely persons and built up a case against them. From the very start my colleague, Mr. Justice Gurnam Singh, began to indicate his doubts and suspicio~s. He was not prepared to accept the evidence of recovenes and identification as genuine and reliable. He wanted to know what had led to the arrest of Gyan Singh. The evidence Jed by the prosecution was silent on this point. The police officials vaguely referred to an inf<:rmer whose identity could not be divulged because thls would be tantamount to denouncing him. The revelation of his

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name might imperil hi be an abuse of his COIl ed upon Gyan Singh's approver's evidence u argue? that the pock-r promment and might . tent of Faqira's lamell been no more than Singh's story of an u~ to be false when we Officer, and asked him J agjit Singh through a tographs of his arm a Jagjit Singh was able t, person. The doctor s the muscular developn old abduction fracture but this does not impe <::01. Bhatia showed us hIS arm raised. There were one or t, doubt on the good fail a closer examination The defence taken up Rura, when asked to'm: lated the fOllowing stOJ I was arrested on on April 18. I was dul Singh and Parkas like myself origin all, Chand was once coi and Sardul Singh wa~ of dacoity. I met hi soner confined in the men came to my viI They had with them bedding-roll was tied. r

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ints was similarly charThere was no guarann photographs of prints 'essions taken from the t. rued counsel relied upon " pointed out the signifid that though Mula had ltracted smallpox at the : in one leg, these facts 0, sentry, when he made "ragjit Singh alleged that 'ceable, as he had some is shoulder that he was i weapon, nor would he would necessitate pulling The main argument in case was the first of its ity of the crime commit5S of persons victimised. "lation of the entire police 'heir minds to an unpreceus in the State, therefore. n of the affair and punish anxiety (so the argument dy to punish anyone and ~y, therefore, rounded up t up a case against them. Lgue, Mr. Justice Guruam :obts and suspicions. He !vidence of recoveries and lble. He wanted to know yan Singh .. The, evidence tIent on thIS pomt. The d to an informer whose 1 because this would' be , The revelation of his

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name might imperil his person, and would, in any event, be an abuse of his confidence. My learned brother looked upon Gyan Singh's evidence as highly suspect, as every approver's evidence undoubtedly is. The State counsel argued that the pock-marks on Mula's face were not very prominent and might well have escaped notice. The extent of Faqira's lameness was not known; it might have been no more than a slight roll in his walk. Jagjit Singh's story of an unserviceable arm was demonstrated to be false when we called Col. Bhatia, Chief Medical Officer, and asked him to examine J agjit Singh. He put Jagjit Singh through a thorough test and took X-ray photographs of his arm and shoulder. These proved that Jagjit Singh was able to raise his arm as well as a normal person. The doctor said: "There is no deterioration. in the muscular development of his shoulder. There is am old abduction fracture of the head of the right humerus, . but this d.oes not impede Jagjit Singh's arm in any way: Col. BhatIa showed us a photograph of Jagjit Singh with his arm raised. There were one or two matters which seemed to cast a doubt on the good' faith of the investigating agency, but a closer examination of them dissolved my suspicions. The defence taken up by RUTa was one such matter. Rura, when asked ta make a statement at the trial, had related the following story of his arrest: I was arrested on the morning of April 17 and not on April 18. I was friendly with Head Constable Sardul Singh and Parkash Chand, goldsmith, both of whom like myself originally belonged to Pakistan. Parkash Chand was once confined in the same gaol as myself and Sardul Singh was some years ago tried on a charge of dacoity. I met him when he was an undertrial prisoner confined in the same gaol as myself. These two men came to my village at 8 or 9 p.m. on April 14. They had with them two bicycles on eac:h of which a bedding-roll was tied. I entertained them with a bottle

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THE MURDER OF THE MAHATMA

of country liquor and Parkash Chand told me that he and his brother were involved in a criminal case, because they had abducted a young woman from Amritsar. He said he feared that the woman would give evidence against him and he would be sentenced to imprisonment for seven years. He asked me to help him and I replied that I would give whatever assistance I could. He said his plan was to bring the woman to the village. I told him that it would be necessary to have :some arms and ammunition handy, in case the need to use them arose. Parkash Chand replied that he had already made ample provision for this and the bedding-rolls contained enough for all possible contingencies. At my suggestion the bedding-rolls were concealed under a heap of reeds at my well, outside the village. and my friends left in the morning promising to come back on the 16th with two or three more men. They did not come on the 16th. On the 17th, early in the morning, two lorries full of policemen arrived at my house. Among them were Parkash Chand in handcuffs and Head Constable Sardul Singh in uniform. Sardul Singh asked me to proceed to my well. Parkash Chand walked ahead and the whole party arrived at the well. The bedding-rolls were taken out and opened. Two rifles, two guns, three revolvers and a large quantity of cartridges were recovered from them. Sardul Singh asked a police constable to arrest me on the charge of possessing illicit arms. I began to protest and say that I had nothing to do with these articles, but to stop me from making further disclosures, the police beat me till I fell down and became unconscious. I was then carried to my house. From there I was taken in the police lorry to Kapurthala, where I was shawn to the witnesses who some days later identified me at a fake parade. My fingerprints were also taken on the 17th. On the 18th I was removed to Amritsar and confined in the

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gaol. The same ev Who drew up a stat, ed of all these matt I was produced on t This extraordinary ! ed ?y the fOllowing fal (1) The Tribune of by a correspondent fl 'two persons in conne< a:re~ted yesterday (Apl dIstnct, and arms and them'. . (~i) The Dany Mila SImIlar news item. Th of the arrested persons Bur Singh had been (R~~.a's village)., . (III) Rura was admi time of his arrest and doctor at Amritsar on . (iv) One Parkash C tried on the charge of ~ourt of a magistrate ; In court on April 18. a telegram pleading his sudden illness. He als by a doctor of Kapurtl (v) The police admi1 on the 17th, though it v ed no results. Sardul Singh was cit he was called, Runi's ( not to examine him bl Singh in the witness:bm ed from his original n now Assistant Sub-Insl he had been involved i

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MAHATMA

Chand told me that he · in a criminal case, beng woman from Amritthe woman would give mId be sentenced to im:e asked me to help him Ie whatever assistance I to bring the woman to ·t would be necessary to tion handy, in case the ·{ash Chand replied that irovision for this and the '1 for all possible contint

jng-rolls were concealed well, ootside the village, ming promising to come , three. more men. They )n the 17th, early in the 'policemen arrived at my irkash Chand in handcuffs ',ingh in uniform. Sardul my welL Parkash Chand party arrived at the well. .l out and opened. Two '~s and a large quantity of 1m them. Sardul Singh rrest me on the charge of ill to protest and say that ;e articles, but to stop me 'es, the police beat me till Inscious. I was then car.~ I was taken in the police vas shown to the witnesses ed me at a fake parade. ,en on the 17th. On the :itsar and confined in the

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gaol. The same evening I was examined by a doctor who drew up a statement of my injuries. I complained of all these matters to the magistrate before whom I was produced on the 19th. This extraordinary story was sought to be substantiated by the following facts: (i) The Tribune of April 19 carried a news item sent by a correspondent from Kapurthala on April 18, that 'two persons in connection with the Mukerian case were a~re~ted yesterday (April 17) from a village in Kapurthala dIstnct, and arms and ammunition were recovered from them'. . (i}) The n.any Milap, an Urdu newspaper, carried a SImIlar news Item. This paper even mentioned the names of the .arrested persons and said that Saudagar Singh apd Bur SIngh had been taken into custody in Chuharpur (Rura's village). . . (iii) Rura was admittedly beaten by the police at the tIme of his a~rest and his injuries were examined by a d~tor at Amntsar on the evening of April 18. .(IV) One Parkash Chand a':ld his brother were being tned on the charge of abductmg a young woman in the ~ourt of a magi~trate at Amritsar. They had to appear III court on Apnl 18. On April 17 Parkash Chand sent a telegn;m pleading his inability to attend court owing to sudden Illness. He also sent a medical certificate issued by a doctor of Kapurthala. (v) The police admitted that Rura's house was raided on the 17th, though it was alleged that the raid had yielded no results. Sardul Singh was cited as a witness by Rura. When he was called, Rura's counsel advised him in open court n?t to. examin~ him, but Rura insisted on putting Sardul SIngh III th~ wIt~:ss-box. SarduI Singh had been promoted from hiS ongInal rank of Head Constable and was now Assistant Sub-Inspector of Police. He d~nied that he had been involved in a dacoity case or that he had

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been detained in gaol as an under-trial prisoner i.n 1948 or 1949. He denied that he had ever met Rura ill.gaol or that he had gone with Parkash Chand to Rura's village on April 14. He admitted that he was a member of the raiding party on the 17th. When. pressed furt;her,. however, he admitted that he was tned for dacOlty m the year 1950. The last question which the defence counsel put to him was: '1 put it to you that you were promoted to the post of Assistant Sub-Inspector of Police because you successfully planted firearms on Ru;a?~ . . , The witness answered: This IS mcorrect. Parkash Chand also denied that he had e,:er knovyn Rura. He admitted that he was once confined m the DIStrict Gaol, Jullundur, as an under-trial prisoner in 1953, but he repelled the suggestion that Rura. was al~o th~re at the time and had thus become acquamted With hlID. He denied going to Rura's house with Head Consta1?le Sardul Singh on April 14 with two bedding-rolls con tam.• ing arms and ammunition. It was not difficult to build up an argument m Rura s defence on this material. If Saqiul Singh was the sort of policeman who had once been tried
TIIE Mt

He thought there Was J his arrest. Sardu} Sinl nal past, his somewhat """ of Assistant SUb-Inspt i transparent excuse for April 18, and the si!!l rate reports in the h;c thing about which the p I, on the. other hand , was a CIrcumstance wI: 'I·' by Rura's story of Sa Chand's antics. If the -and this fact was ince need for falsely implics the real culprit must h; The hearirig of the ; and When arguments we my colleague in my ch. Mr. Justice Gurnam Sit unsatisfactory features unable to uphold the I opinion that the appeal some of his Objections pressed the view that tb the prosecution. I told in which an allegation been substantiated, in tl anything by victimising a course add to their di pOlice to bring the real ( matters worse, because t pqnished would becom( thus not only impair the also undermine their sen I could not reject the e fication, and there was ill relating to fingerprints.

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der-trial prisoner in 1948 d ever met Rura in gaol 1 Chand to Rura's village he was a member of the ,en pressed further, howtried for dacoity in the rhich the defence counsel . : promoted to the post of e because you successfulis incorrect.' that he had ever known . once confined in the Disler-trial prisoner in 1953, that Rura was also there roe acquainted with him. use with Head Constable :wo bedding-rolls contain-

Ip an argument in Rura's ,ar}iul Singh was the sort en tried on the charge of :cted of him, and Parkash t of pressure to which he l the other hand, the new usly incorrect, as even acle person, (Rura) .and not and The Daily Milap was le identity of the arrested .cult to understand why so were needed to silence a 'om giving evidc:nc:e against "ry lacked conVIctIOn. . Singh, however, entertamduct of the police in relaled to accept Rvra'g story.

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He thought there was much to support Rura's version of his arrest. Sardul Singh's prevarication about his criminal past, his somewhat surprising promotion to the post of Assistant Sub-Inspector of Police, Parkash Chand's transparent excuse for absenting himself from court on April 18, and the significant though somewhat inaccurate reports in the two newspapers all pointed to something about which the prosecution had not been ingenuous. I, on the other hand, felt that the recovery of firearms was a circumstance which could not be explained away by Rura's story of Sardul Singh's evasions· of Parkash Chand's antics. If the arms had, in fact, been recovered -and this fact was incontrovertible-why should there be need for falsely implicating an innocent individual when the real culprit must have been readily available? The hearirig of the appeal before us .lasted ten days, and when arguments were over I discussed the matter with' my colleague in my chamber. We could not agree, and Mr. Justice Gumam Singh said that there were so many unsatisfactory features in the case that he felt himself unable to uphold the conviction. He was thus of the opinion that the appeal must be allowed. I tried to meet some of his objections, and with regard to others I expressed the view that they were not fatal to the case for the prosecution. I told him that though there were cases in which an allegation of fabricating false evidence had been substantiated, in this case the police could not gain anything by victimising innocent persons, nor would such a course add to their dignity. Indeed, the failure of the police to bring the real culprits to book would only make· matters worse, because the real culprits by remaining unpqnished would become bolder and more defiant, and thus not only impair the efficiency of the police force but also undermine their sense of security, dignity and pride. I could not reject the evidence of recoveries and identification, and there was nothing suspect about the evidence relating to fingerprints. I could not, however, convince

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Mr. Justice Gurnam Singh and we wrote differing judgments, he allowing the appeal and I rejecting it. The matter was placed before the Chief Justice for nominating a third judge who would hear the entire appeal de novo and give the final judgment in the case. He chose to hear the appeal himself. He agreed with me in holding that the charges had been fully substantiated and that the appeal merited dismissal. The convicts moved the Supreme Court fDr special leave to appeal, and the argum~nt that one High Court Judge had given a verdict in favour of the prisoners was presented before the Supreme Court and pressed with much vehemence. Leave, however, was refused and the conviction was upheld. A few days later all three condemned pnsoners were executed.

TEN THE CRIME OF NATHURAM GODSE TOWARDS th~ end of 1947 I was appointed by the Government of India to deal with a matter which seemed simple enough to start with, but which, upon closer examination, revealed a complex and difficult pattern. This assignment provided me with the only opportunity I have ever had of me,eting Mahatma Gandhi, and conversing with him for a considerable length of time. The formation of Pakistan and the consequent partition of India led to a large-scale exchange of population. Millions of Hindus and Sikhs were compelled to leave their homes in what had, overnight, become a foreign country for them.. They rushed across the border in quite

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unmanageable numbe !ransport, and poured m bIg unruly masses Th~ Muslims of India' strIcken and were Ie vacated by them were by the homeless imm refug~ and so fierc; that It was wellnigh i scheme Dr order into. it commodiDUS evacuee i ruffianly hDoligans whc and had taken advanta: status ?y grabbing wt o~, whIle law-abiding hIgher stratum of soci, .1~ere were nqt wa dnvmg Muslims out of up t~eir min.ds !o emil contmue theIr lIves in the disturbances, whid had subsided. This '" India could not counteI unequivocal terms that State, and any Muslims try would be given full In Delhi, where ther residents, the· situation, tal was subjected to a II any other town. It se frol1ll West Punjab-d len?,er, industrialist, bu artIsan and manual lar irresistible urge to COITh of DiDo Chalo (let us : more than a slogan to ~

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we wrote differing judgld I rejecting it. he Chief Justice for nomhear the entire appeal de .t in the case. He chose agreed with me in holdlly substantiated and that . ne Court for special leave it one High Court Judge )f the prisoners was pre. t and pressed with mu~h . ,s refused and the conVlC)fldemned prisoners were

ElURAM GODSE . I was appointed· by the ith a Inatter which seem, but which, upon closer lex alld.difficult pattern. Nith the' only opportunity ihatma Gandhi, and con'able length of time. d the consequent partition exchange of population. were compelled to leave might, become a. forei~ across the border In qUIte

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unmanageable numbers, using all available means of transport, and poured into the towns and villages of India in big unruly masses. They wanted houses to live in. The Muslims of India for their part were equally panicstricken and were leaving for Pakistan. The houses vacated by them were quickly invaded and expropriated by the homeless immigrants. So great was the rush of refugees and so fierce the wrath which impelled them that it was wellnigh impossible to enforce any kind of scheme or order into the chaos which prevailed. Rich and commodious evacuee houses were frequently occupied by ruffianly hooligans who, sometimes, were not even refugees and had taken advantage of the confusion to improve their status by grabbing whatever they could lay their hands on, while law-abiding ,individuals belonging to a much higher stratum of society remained homeless. There were not wanting instances of angry refugees. driving Muslims out of their houses, before they had made up their minds to emigrate, for many of them hoped to continue their lives in their old-established homes after the disturbances,. which they hoped would be short-lived. had subsided. This was something the Government of India could not countenance. Mr. Nehru had declared in unequivocal terms that India Was going to be a secular State, and any Muslims who chose to remain in the country would be given full protection and citizenship rights . In Delhi, where there were large numbers of Muslim residents, the situation was at its most difficult. The capital was subjected to a much greater influx of refugees than any other town. It seemed at one stage that everyone from West Punjab--doctor, engineer, lawyer, moneylender. industrialist, business man, shopkeeper, hawker, artisan and manual labourer-had been impelled by an irresistible urge to come and live in Delhi. The old cry of DiDo Chalo (let us go to Delhi), which- had been no more than a slogan to rally the forces of patriotism, had.

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at last, been answered. But there just weren't enough houses to go round. The Government of India appointed a senior member of the Indian Civil Service the Custodian of Evacuee Property. It was his duty to protect Muslim property and 'administer' it according to law. But this was easier said than done. A problem of such magnitude and complexity needed a large measure of initiative, resourcefulness. patience, tact and administrative ability. Above all it demanded a knowledge and understanding of the Punjabis. The Custodian selected by the Govtrnment of India was a South Indian, and very soon there were loud complaints of incompetence, favouritism, nepctism and corruption. The matter was raised in Parliament, and an immediate sifting enquiry by a High Court Judge was ordered. The judge had to be a Punjabi, conversant with the people of the Punjab and their problems. The choice fell upon me. In Delhi I called on the Secretary to the Ministry of Relief and Rehabilitation, and asked for the terms of reference of the enquiry entrusted to me. I was told that the terms were very wide-as wide as I wished. I was to report on the work of the Custodi~n and 'clean up the mess'. This was a tall order, and I was doubtful about the legality or at any rate the wisdom of embarking on such a vague and limitless venture without something in the form of an. order or Government notification. I went to see the Minister. He assured me that the Secretary had acted under his orders, and that there was no need to limit the scope of my assignment. .I would have an entirely free hand and the Government had complete confidence in me, etc., etc. Just as I was taking leave of him, he dropped a bombshell: 'The Custodian is proceeding on leave, and it may be some time before his successor is appointed. So you will be in complete charge of the department:

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This was staggerin and now I was being' was hardly the time 1 It would have been c biIity, even though it moniously. The next few wee was so irretrievably 0 task and the multifa all sides, that I had alleged malpractices of Muslim families, Sl anticipating trouble, 1 set up as temporary town. In most cases of the family stayed sion or of animus r4 which of them 'woul! and which would pn others who had alread the Muslim quarters 1 the inventory of hous I was besieged by ho: into the empty house Was it fair, they ask, they had been hoon< would they remain ly available? Couldn't victim to exposure a India? Didn't I kno not come back? FO! agitating for Pakistan conceded. If they dil their choice, they she no feelings, no sympl justice where my OWf

THE CRIME OF NATHURAM GODSE

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i. ~re Just

l

weren, t enOl!gil

ointed a senior member Custodian of Evacuee oct Muslim property and But this was easier said agnitude and complexity itiative, resourcefulness, e ability. Above all it ierstanding of the Punthe Government of India :>n there were loud comtism, nepotism and cor. I in Parliament, and an High Court Judge was Punjabi, conversant with ir problems. The choice etary to the Ministry of asked for the terms of 1 to me. I was told that Ie as I wished. I was to odi~n and 'dean up the nd I was doubtful about visdom of embarking on Ire without something in nent notification. I went d me that the Secretary I that: there was no need ment. "I would have an nment had complete conlim, he dropped a bombling on leave, and it may ,or is appointed. So you [te department:

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This was Sl:agg~ring. I had come to hold an enquiry and now I was bemg asked to run the entire show. But it was hardly the time to demur or argue about the matter. I~_:-V0uld have been. churlish not to shoulder the responsiblhty, even though It was being thrust upon me so unceremoniously. The next few weeks were like a crazy nightmare. I was so irretrievably overpowered by the immensity of my task and the multifarious problems surrounding me on all sides, that I had scarcely ,any time to look into the alleged malpractices of the erring Custodian. Thousands of Muslim families, seeing the temper of the refugee.s and anticipating trouble, left their houses to go to the camps set up as temporary shelters, at safe distances from the town. In most cases a single (usually the oldest) member of the family stayed on as evidence of coritinued possession or of animus revertendi. It was difficult to know which of them would ultimately decide to return home, and which would prefer to go to Pakistan like so many others who had already joined the exodus. When I visited the Muslim quarters to see things at first hand, and check the inventory of houses prepared by sub-ordinate officials, I was besieged by homeless refugees clamouring to be let into the empty houses abandoned by Muslim occupants. Was it fair, they asked me, to deny them a shelter after they had been hounded out of their homes. How long would they remain lying in the streets when houses were available? Couldn't I see that 'they were rapidly falling victim to exposure and the cold winter nights. of North India? Didn't I know full well that the Muslims would not come back? For years they had been shouting and' agitating for Pakistan, and now their demands had been conceded. If they didn't want to go to the homeland of their choice, they should be sent there by force. Had I no feelings, no sympathy, no understanding, no sense of justice where my own people were concerned? They ex-

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pected better treatment from a Punjabi. And much more in the same strain. In my office I received hundreds of visitors each day. I knew many of them personally. Among them were my own relatives, friends and acquaintances. There were others whose names were familiar. Physicians, surgeons, lawyers, engineers, an X-Ray specialist, a well-known caterer of Lahore, a fashionable tailor, dozens of retired Government officials came seeking my assistance. All they wanted was a house-a portion of a house, a room, an empty garage or a shed to live in and to work in. It was not easy to maintain a cool and dispassionate attitude when faced by these demands, and to remain just and impartial. I began to entertain doubts about what was just in the circumstances. Should I let the homeless people occupy the empty houses? Should I allow the Muslims to be chased out of India as Hindus and Sikhs had been chased out of Pakistan? I didn't know what answer to make to the people who importuned me daily, asking for what, they said, was theirs by right. In my perplexity, I sought Mahatma Gandhi's advice. He was in those days living in Mr. Birla's house on Albuquerque Road, and held prayer meetings every evening. I telephoned his secretary, and though he was very busy and had a crowded programme of visits, interviews and discussions with political leaders, he agreed to receive me at 11 o'clock the following morning. But then, suddenly, I was overcome by a strange apprehension, which only they can appreciate who knew the position held by Mahatma Gandhi in India and the influence he exercised in every sphere of activity, political, social and economic. It was reported that there was, about him, an aura of saintliness and a magical power which hypnotised his interlocutors and reduced them to tame, supine creatures ready to efface themselves, to agree to whatever he said and carry out his directions. Lord Irwin was supposed to have been affected in this -manner L

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when he gave his asse His fasts had conver was rumoured that ( ministrators were un' mysterious spell they a few days previously tration of his powers. due to Pakistan, but 1 ant to pay it as it w used by the Governr for use against India ities prevailed. Sardal statement to this effe( known that Mahatm: any decision which I our part. On the da the All India Radio had undertaken a f Hindu-Muslim relatio the Government of In would be given to til India and Pakistan, : the Reserve Bank of to Pakistan. On the his fast. The national items of news with 1 Government of India due to pressure fr9m were 'overcome with was openly said agail under-current of sor happened. As I turned over tl if I should be able Mahatma and explain later these events wei quiet but solemn atm(

: MAHATMA

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Iljabi. And much more

of visitors each day. I Among them were my lintances. There were '. Physicians, surgeons, >ecialist, a well-known :ailor, dozens of retired Ig my assistance. All .on of a house, a room, : in and to work in. It and dispassionate attiIds, and to remain just ain doubts about what lould I let the homeless ;? Should I allow the ia as Hindus and Sikhs [? I didn't know what .0 importuned me daily, heirs by right. hatma Gandhi's advice. . Birla's house on Albumeetings every evening. lough he was very busy of visits, interviews and ~e agreed to receive me mg. orne by a strange appre'preciate! who knew the i in India and the infture of ictivity, political, ~ported that there was, s and a magical power 's and reduced them to [ace themselves, to agree ut his directions. Lord affected in this 'manner i

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when he gave his assent to the Gandhi-Irwin pact in 1931. His fasts had converted his strongest opponents, and it was rumoured that die-hard British politicians and administrators were unwilling to meet him, lest under his mysterious spell they compromised their principles. Only a few days previously the world had witnessed a demonstration of his powers. A sum of 550 million rupees was due to Pakistan, but the Government of India was reluctant to pay it as it was feared that the money would be used by the Government of Pakjstan to purchase arms for use against India in Kashmir where a state of hostilities prevailed. Sardar Patel, the Home Minister, mad~ a statement to this effect on January 12, 1948. It was well known that Mahatma Gandhi was strongly opposed to any decision which might savour of breach of faith on our part. On the day Sardar Patel made his statement~ the All India Radio announced that Mahatma Gahphl had undertaken a fast with the object of improving Hindu-Muslim relations in the capitaL Three days later. the Government of India announced that immediate effect would be given to the financial pact arrived at between India and Pakistan, and that orders had been issued to the Reserve Bank of India to pay the entire amount due to Pakistan. On the same day Mahatma Gandhi broke his fast. The nationalist newspapers highlighted these two items of news with bold headlines announcing that the Government of India had at last surrendered 'to Pakistan due to pressure from Gandhiji'.. - The leaders of Pakistan were 'overcome with excessive joy', and though nothing was openly said against Mahatma Gandhi there' was an under-current of sorrow and resentment at what· had happened. As I turned over these events in my mind. I wondered if I should be able to place my problem before the Mahatma and explain its various aspects. Sixteen months later these events were again narrated before me in the quiet but solemn atmosphere of our court-room in Sin:,ia.

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and we were told of the impact they had made on certain individuals and of the horrible crime committed by them. But, sitting in my small office room that day towards the end of January 1948, my only thoughts were of the embarrassing situation in which I had placed myself. However, the appointment had been made and there was no question of going back upon it. Also, there was within me a genuine desire, a pardonable curiosity to meet the great man who had done more to achieve political freedom for India than the rest of the country put together. So, the next morning I drove to Birla House, well before the appointed time. While waiting in the ante-room, I asked the official present if I should speak to the Mahatma in English or in Hindi. 'Hindi, of course,' was the immediate and categoric reply. I felt more at home in Eng1ish, but I accepted the inevitable, and began formulating sentences which would adequately express my meaning. After a moment or two I abandoned the attempt, telling myself that I should manage somehow. I had heard Gandhiji did not like being addressed as 'Mahatma'. I asked the official what was the correct form of address. 'Call him Bapuji,' he said. There was a touch of scorn. in his tone at such crass ignorance on the part of a High Court Judge. I removed my shoes and tried to compose myself. Exactly at 11 I was called. I hurried into the room where Gandhiji was sitting on the carpeted floor. He wore only a handspun loin-cloth, and from the waist upwards his body was bare. He was thin, but by no means emaciated. Indeed, his skin had a fresh, healthy lustre, and his well-massaged muscles rested firmly on his limbs, giving his body an appearance of youth and quiet vigour. His face was almost completely free from wrinkles, except when he laughed. A standard electric lamp stood behind him, and its light came down in a broad cone lighting up his bald head and the shapely curves of his small shoulders. As I entered, he put down the paper on which he L

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had been writing, an with folded hands. I sat down near 1 assignment and the di a long story and BaI And while I was spea started within me. I no mysterious power being subjected. I h field. No spiritual 11 tension surrounded illI any other man might courage and plausibili ! knew that I was ad, premises and an emot 'The Muslims in th stay in this country. that they would lIke tc Our own people are " my heart to see them elements. Ten me, Bl My carefully delive own ears. 'When I go there,' hi want to go to Pakistan keep them in their 0"" Afghanistan, to Iran, t istan. They are also 0 back and protect them He had spoken in l I heard was not a cor truth, uttered in a ton( than of authority. BUi he did not seem to be r had said: 'You shou them', but he kept the ( facts, other difficulties.

. 'E MAHATMA

hey had made on certain we committed by them. om that day towards the houghts were of the emad placed myself. Howmade and there was no Also, there was within Jle curiosity to meet the to achieve political free:he country put together. • BirIa House, well before ting in the ante-room, I lId speak to the Mahatma )f course,' was the immemore at home in English. j began formulating sen:press my meaning. After le attempt, telling myself . I had heard Gandhiji 'Mahatma'. I asked the n of address. 'Call him )uch of scorn in his tone part of a High Court ied to compose myself. Tied into the room where :ted floor. He wore only Q the waist upwards his Ilt by no means emaciat1, healtiJ.y lustre, and his mly on"'his limbs, giving h and quiet vigour. His e from wrinkles, except ectric lamp stood behind a broad cone lighting up .rves of his small shouldI the paper on which he

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had been writing, and greeted me in the usual mailller with folded hands. I sat doWll near him, and began to tell him of my assignment and the difficulties I had encountered. It was a long stoP} and Bapu listened without interrupting me. And while I was speaking, an independent mental process started within me. I was becoming aware that there was no mysterious power or hypnotic force to which I was being subjected. I had not entered a strange magnetic field. No spiritual medium charged with a compelling tension surrounded me. Bapu was listening to me just as any other man might. The realisation of this fact lent courage and plausibility to my argument, though, by now, I knew that I was advocating a false plea based on false premises and an emotional urge. I concluded by saying: 'The Muslims in the Old Fort camp have no wish to stay in this country. They told me, when I visited them, that they would like to go to Pakistan as soon as possible. . Our own people are without houses or shelter. It breaks my heart to see them suffering like this, exposed to the elements. Tell me, Bapuji, what should I do?' My carefully delivered appeal sounded hollow in my own ears. 'When I go there,' he replied, 'they do not say that they want to go to Pakistan. They say to me that if we cannot keep them in their own homes, we should send them to Afghanistan, to Iran, to Arabia, anywhere except to Pakistan. They are also our people. You should bring them back and protect them.' He had spoken in a calm matter-of-fact voice. What I beard was not a command, but a simple statement of truth, uttered in a tone which had in it more of humility than of authority. But what surprised me most was that he did not seem to be making a final pronouncement. He bad said: 'You should bring them back and protect them', but he kept the discussion open. I mentioned other facts, other difficulties. He pointed out the flaws in my

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argument. He did not digress into a highfalutin moral discourse, but kept to the practical problem I had placed before him. And as he went on talking, understanding came to me that this man had only one sentiment, one passion, one source of strength within him, and that was a deep and pervading feeling of love. He loved Hindus and Muslims, Sikhs and Christians alike. He loved the British who had ruled over us for 150 years, he loved the Pakistanis who had hounded out millions of Hindus from their ancestral homes. He never once uttered the word 'love', but when he looked at me there was a softness in his eyes-and the trace of a smile on his mouth. I felt ashamed. When I left him after having spent thirty minutes in his company, I new what I had to do. Bapu was completely, utterly right, just as he had been right in insisting that we fulfil our promise to pay Pakistan 550 million rupees, even though the money would almost certainly be spent to procure arms for use against India. Four days after this interview I was in Simla. It was a cold and foggy evening with a touch of frost in the air. My wife and I were walking back from the club. We noticed a strange hush in the usually crowded and noisy street which is the main shopping centre of Simla. People were standing in twos or threes, and speaking in subdued voices. A phrase caught my ear: ' ... kill our leaders'. As we went by, another said: 'absolutely mad', and then 'barbarous' . A sort of premonition made me stop and ask what had happened. . 'Mahatma Gandhi has been murdered. Somebody shot him dead'. I could not believe that such an insane thing could come to pass. Our informer knew nothing beyond what he had told us, and we hurried home to switch on the wireless for more details of the horrible tragedy. There was no doubt at all about the truth of what we had heard. Mahatma L

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Gandhi had been she that day at 5 mm from Poona. 11 point-blank range. I the chest and abdome 'Hai Ram'. The mu! and saved from a Iyn( which he had fired the sion. Gandhiji was I consciousness, and he few moments. The whole countl) homes no food was heavy cloud of gloom of the people. W Ga~dhiji's untimely dt gabon of by far the 1 had occasion to' hand transpired that Nathui concerned in the mm was the culmination conspiracy in which too~ the police nearly gabon and declare th m~eting,

The trial commenc Atma Charan, a senio the Indian Civil Servi! the purpose and inves' quisite jurisdiction. n would have to deal " normal territorial juris the Red Fort, Delhi, b and the Press, and tb

* Law and order is a cannot, unless specially mitted in another State.

MAHATMA

to a highfalutin moral · I problem I had placed lerstanding came to me ment, one passion, one d that was a deep and wed Hindus and MusHe loved the British · :us, he loved the Pakis!lions of Hindus from once uttered the word there was a softness in •e on his mouth. I felt ent thirty minutes in his . Bapu was completely. ·ight in insisting that we 550 million rupees, even ertainly be spent to prowas in Simla. It was a of frost in the air. .ck from the club. We lally crowded and noisy r centre of Simla. Peo~s, and speaking in sub~ar: ' ... kill our leaders'. bsolutely mad', and then tion ll111de me stop and

ilUch

lrdered. Somebody shot insane thing could come Ling beyond what he had witch on the wireless for ly. There was no doubt 'e had heard. Mahatma

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Gandhi had been shot dead while walking to his pray(,'I' meeting, that day at 5 p.m., by Nathuram Godse, a Brahmin from Poona. The assassin had fired three shots at point-blank range. Mahatma Gandhi was wounded in the chest and abdomen, and fell down on the spot saying: 'Hai Ram'. The murderer was immediately apprehended and saved from a lynching by the crowd. The pistol from which he had fired the shots was recovered from his possession. Gandhiji was carried to his room in a state of unconsciousness, and he succumbed to his injuries within a few moments. The whole country was in turmoil. In millions of homes no food was cooked or eaten that night, and a heavy cloud of gloom darkened the thoughts and feelings of the people. While the whole nation mourned Gandhiji's untimely death, the police took up the investigation of by far the most dastardly crime they had ~ver had occasion to handle. As the enquiries proceeded, it' transpired that Nathuram Godse was not the only person concerned in the murder. His act of shooting Gandhiji was the culmination of a widespread and carefully laid conspiracy in which several persons were involved. It took the police nearly five months to complete the investigation and declare the case ripe for trial. The trial commenced on June 22, 1948, before Mr. Atma Charan, a senior member of the judicial branch of the Indian Civil Service, who was specially appointed for the purpose and invested with powers to give him the requisite jurisdiction. This was necessary because the judge would have to deal with offences committed beyond his normal territorial jurisdiction. * The trial was held inside the Red Fort, Delhi, but the court was open to the public and the Press, and the proceedings were extensively re* Law and order is a State subject, and Judges of one State cannot, unless specially empowered, deal with offences committed in another State.

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ported in all newspapers. The accused persons h31d full liberty to have the assistance of counsel of theIr own choice. . The following eight persons were charged with n;turder. conspiracy to commit murder and offences purushable under the Arms Act and the Explosive Substances Act: 1. Nathuram Godse. 37. Editor. Hindu Rashtra, Poona. 2. His brother, Gopal Godse, 27, Storekeeper. Army Depot. Poona. 3. Narayan Apte, 34. Managing Director. Hindu Ras;.tr8l, Prakasham, Ltd., Poona. 4. Vishnu Karkare, 37, Restaurant Proprietor, Ahmednagar. 5. Madanlal Pahwa, 20, Refugee Camp, Ahmednagar. 6. Shankar Kistayya, 27, Domestic Servant, P'O?na. 7. Dattatraya Parchure, 49, Medical PractltIOner, Gwalior. 8. Vinayak Savarkar, 65, Barrister-at-Law, Landlord and Property Owner, Bombay. . Three others. viz. Gangadhar DandwatI, Gangadhar J ~d­ hav and Suryadeo Sharma, were said to be absa:ndmg from justice, and the case against them was heard In aJJ,. sentia. The prosecution case was opened by C. K. Daphtary, Advocate-General of Bombay (n?w .Attorne~-Gene­ ral of India), and on June 24 the exammahon of WItnesses began. In all 149 witnesses were called and a large number of documents, letters, newspaper articles ~nd other exhibits were produced in court. The ~ost Important piece of evidence was the statement· .of Digambar Badge (pronounced Bahdgay), the aPI?rover III the case.. He w~s alleged to be one of the conspIrators. and an active participant in the murder plan. Upon hIS arrest on.January 31, the day after Gandhi's murder, he was subjected to the usual police interrogation. It was not 10n& be~o~e he made a statement admitting his own guilt and lllcrlIDlna!ing his accomplices, After a time he expressed hIS

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willingness to apPear statement. He was t thus he became King' The examination of their evidence Was COl soners made long stal evidence produced b) not to call any witnes: were placed before th, ments of counsel last, pronounced judgment men charged, Savarka ram Godse and his fri and the remaining fiv prisonment for life. ~ nouncing his order, in if they wished to apIX so within fifteen' day: filed ,in the Punjab Hil conVICted persons, G( tion upon the charge ( propriety of the death to the finding that thel complete and sole res~ Gandhi, and vehemen anything to do with i An appeal in a murd Rules and' Orders, hea of two judges, but OWlll deceased had occupied, evidence which would I ed and the unprecedeI the Chief Justice decid judges to hear the app The judges were Mr. JUI ram and myself. We:i we should resume the .

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Lccused persons had full f counsel of their own re charged with murder. md offences punishable )losive Substances Act: £titor, Hindu Rashtra,

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gee Camp, Ahmednagar. mestic Servant, Poona. , Medical Practitioner, Lrrister-at-Law. Landlord bay. randwati, Gangadhar Jade said to be absconding ;t them' was heard in ab's opened by C. K. Daph:)ay (now Attorney-Gene, examination of witnesses ! ~ called and it large num,paper articles and other t. The most important lent, of·Digambar Badge )ver ill 'the~case. He was ltors and an active parti)n his arrest on January der, he was subjected to [t was not long before he )wn guilt and incriminattime he expressed his

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willingness to appear before a magistrate and repeat his statement. He was tendered a conditional pardon and thus he became King's evidence. The examination of the witnesses and the recording of their evidence was concluded on November 6. The prisoners made long statements when ~sked to explain the evidence produced by the prosecutIOn, but they chose not to call any witnesses, though a number of documents were placed before the court by way of defence. Arguments . of counsel lasted a whole month, and the court pronounced judgment on February 10, 1949. Out of the men charged, Savarkar was acquitted, two, viz. Nathuram Godse and his friend Apte, were sentenced to death and the remaining five were awarded sentences of imprisonment for life. The triai judge, at the time of announcing his order, informed the convicted persons that if they wished to appeal from his order, they should do so within fifteen days. Four days later appeals were filed in the Punjab High Court on behalf of all the sev~ convicted persons. Godse did not ch~llenge his ~nvlc­ tion upon the charge of murder, nor dId he questIOn the propriety of the death sentence. His appeal was confined to the finding that there was a conspiracy. He assumed complete and sole responsibility for the death of Mahatma Gandhi, and vehemently denied that anyone else had anything to do with it. An appeal in a murder case is, according to High Court Rules and Orders, heard by a Division Bench consist~ of two judges, but owing to the unique position which tne deceased had occupied, the complexity and volume of ~e evidence which would have to be considered and appraIsed and the unprecedented interest aroused by the case. the Chief Justice decided to constitute a bench of three judges to hear the appeal by Godse and his accomplices. The judges were Mr. Justice Bhandari. Mr. Justice Achhruram and myself. We decided that as a special measure we should resume the old practice of wearing wigs. and

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that on our entry into the court-room we should, as in the olden days, be preceded by our liveried ushers carrying silver-mounted staffs. The Punjab High Court was, at that time, located at Simla, where it had been hurriedly set up during the autumn of 1947, because at no other place was suitable accommodation available. The Government of India had placed at ,our disposal Peterhoff, a large manorial building which was formerly the summer residence of the Viceroy. It was a picturesque house standing in pleasant surroundings and commanding a view of the distant hills with their snow-covered peaks. But it was scarcely suitable for a high court. The vice-regal bedrooms, stripped of their opulent furnishings and silver-plated fittings, gave an appearance of mock austerity, but even the largest of them was not commodious enough for a court-room in which, besides the judge and his reader, half a dozen lawyers and their clerks spent several hours a day; and often the parties to the case under consideration also came to see how their lawyers were handling their misfortunes and hopes and how the judge was reacting to the pleas put forward on their behalf. There must be a table for thet judge, another for his reader and stenographer, a separate table for the lawyers on which they can place their briefs and the law books they cite. And when a few book-shelves to hold law reports and other books of reference were placed along the walls, there was no room left for the public. We had a constant feeling of being cramped, and there VIas nothing that we could do to improve matters. Chandigaih and the massive High Court building into which we moved in the beginning of 1955 was still no more than an idea. Fortunately the non-litigant public of Simla was incurious about High Court proceedings, and we seldom had any visitors. But the hearing of the appeal in the Gandhi murder case was expected to arouse widespread interest and bring large numbers of lawyers, pressmen

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and spectators to COl single court-room whi sons actually engage( The ballroom on tI passage giving access Constructed for vice-! mer months when th used to move from ( cold and draughty. tions and the additiOl admirable court-roan case which came dm displayed a dignity , judges who day after, ed down it, preceded and gold liveries and symbols of the triple our and glory had no Court since it had be Lahore. .The staffs 1 because the narrow c( ed no play for proce: ceased to be worn be them behind in Lah( at Simla they had m regulation be relaxed on the opening day more impressive, The· hearing begalJ day with the gold of lawns of Peterhoff. and the ball-room" fires. Policemen sto< sian to the court-roo: the Registrar. This rity, but chiefly to liI

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room we should, as in Ir liveried ushers carry-

It that time, located at dly set up during the ther place was suitable overnment of India had a large manorial build. ~r residence of the Vicetanding in pleasant sur. of the distant hills with t was scarcely suitable bedrooms, stripped of :-plated fittings, gave an ut even the largest of :h for a court-room in :ader, half a dozen lawhours a day; and often ;ideration also came to Ig their misfortunes and acting to the pleas put (lust be a table for th~ and stenographer, a on which they can books they cite. And ,laid law reports and laced along the walls, ~ public. We had a lped, and there was rove matters. Chandibuilding into which we was still no more than Illt public of Simla was edings, and we seldom g of the appeal in the I to arouse widespread of lawyers, pressmen

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and spectators to court each day, and there was not a single court-room which could accommodate even the persons actually engaged in dealing with the appeal. The ballroom on the ground floor was being used as a passage giving access to the court-rooms on the first floor. Constructed for vice-regal entertainment during the summer months when the seat of the Government of India used to move from Calcutta to Simla, the large hall was cold and draughty. However, with a few minor alterations and the addition of a dais at one end, it became an admirable court-room, and the generous teak wood staircase which came down to the specially constructed dais displayed a dignity worthy of the robed and bewigged judges who day after day for a period of six weeks marched down it, preceded by ushers resplendent in their scarlet and gold liveries and carrying tall silver-mounted staffssymbols of the triple embodiment of law. Such splenqour and glory had not been witnessed in th~ refugee Hi~li Court since it had been forced to abandon Its old seat m Lahore. The staffs had been put away in a store-room because the narrow corridors between the bedrooms allowed no play for processional ritual, and even the wigs had ceased to be worn because many of the advocates had left them behind in Lahore in their stampede to safety; and at Simla they had made a formal request that the dress regulation be relaxed in this respect. Their re-appearance on the opening day of the appeal was, therefore, all the more impressive, The hearing began on May 2, 1949. It was a bright day with the gold of the sun lying in a thin layer on the lawns of Peterhoff. There was a cold breath in the air, and the ball-room was warmed by a dozen or so electric fires. Policemen stood guard at the entrance, and admission to the court-room was regulated by passes issued by the Registrar. This was done partly for reasons of security, but chiefly to limit the number d persons who could

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be accommodated without taxing the patience of our staff or disturbing the proceedings. When we took our seats on the dais, I saw that the room was full to capacity. All the black-coated and gowned lawyers who were not engaged in arguing their cases before other judges had spread themselves over the privileged front rows in a large inlY' .splash. Behind them sat the members of the gentry of SImla, who had succeeded in exercising a sufficient measure of their influence to secure passes. There were separate seats for pressmen and reporters, and to the right of the dais a score or so of chairs had been reserved for the V.~.P.'s.. These comprised the wives. and daughters of hon ble Judges and high Government officials. At a long table in front of the dais. sat an impressive row of advocates representing the appellants and the King. There was Mr. Banerjee, a senior advocate from Calcutta, for Apte and Madanlal Pahwa, Mr. Dange for Karkare, Mr. Avasthi of the Punjab High Court, engaged at public expen~ to represent Kistayya, who was too poor to pay counsel s fees, and Mr. Inamdar from Bombay for Parchare and Gopal Godse. Nathuram Godse had declined to be represented by a lawyer, and had made a prayer that he should be permitted to appear in person and argue his appeal himself. This prayer had been granted, and so he stood in a specially constructed dock. His small defiant figure with flashing eyes and close-cropped hair offered a remarkable ~d immediately noticeable contrast to the long . row of plac!d and prosperous-looking lawyers who represented his accomplices. The plea of poverty on which Godse had based his request to be present in person was only an excuse, and the real reason behind the manoeuvre ~as a morbid desire to watch the process of his disintegratIon at first hand and also to exhibit himself as a fearless patriot an~ a passionate protagonist of Hindu ideology. He h~d remamed completely unrepentant of his atrocious CrIme, and whether out of a deep conviction in his beliefs o,r merely in order to make a last public apology, he had

sought this opportunity dissolved into oblivion. On the right-hand en, who were appearing fo Advocate-General of B( karkar, also from BomI of our own High COUfi

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I have made it a ru: any case before the actl the judgment appealed salient facts and get ar I have to deal with. I too close a pre-study of details involved hinder cause, away from the ( without the point of vie mind is apt to interprel personal prepossessions. resistance against the : judges are perpetually l of truly judicial minds open till the last word i ent judges are notoriot lodge frQlll their belief~ judges who come to COl the lawyers engaged b) that they do this partl) but also because of the their industry and erudi experienced the judge, : case he will inevitably: its merits before he con: a bias and it will be diffi tion, for his subconscio something important es or that a certain piece ,

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· he patience of our staff [ hen we took our seats as full to capacity. All lwyers who were not !fore other judges had · ed front rows in a large members of the gentry exercising a sufficient re passes. There were )orters, and to the right . had been reserved for •e wives and daughters : mment officials. dais sat an impressive lppellants and the King. ldvocate from Calcutta, Ir. Dange for Karkare, ourt, engaged at public o was too poor to pay 'rom Bombay for Par.ill Godse had declined b.ad made a prayer that n person and argue his .een granted, and so he .)cIc. His small defiant ;·cropped hair offered a lble contrast to the long ing lawyers who reprel of poyerty on wbich ! present in person was . behind the manoeuvre rocess of his disintegralit himself as a fearless of Hindu ideology. He Itant of his atrocious :onviction in his beliefs public apology, he had

sought this opportunity of displaying his talents before he dissolved into oblivion. On the right-hand end of the front row sat four lawyers who were appearing for the prosecution-Mr. Daphtary, Advocate-General of Bombay, Messrs. Patigar and Vyavakarkar, also from Bombay, and Mr. Kartar Singh Chawla of our own High Court.

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I have made it a rule never to make a deep study of any case before the actual hearing begins. I usually read the judgment appealed against to acquaint myself of the salient facts and get an overall impression of ,the matter I have to deal with. I have always been of the view that too close a pre-study of the evidence and a mastery of the details involved hinder a fair and impartial hearing, because, away from the open atmosphere of the court and without the point of view of the two parties before ~it, the mind is apt to interpret the whole case in the light of its personal prepossessions, This builds up an. unconscious ~esistance against the arguments of counsel, for though Judges are perpetually advertising the fenlarkable fluidity of truly judicial minds and their capacity for remaining open till the last word in a cause has been uttered, eminent judges are notoriously obstinate and difficult to dislodge frQIll their beliefs and convictions. I have known judges who come to court e,,:en more fully prepared than the lawyers engaged by the parties. I have a suspicion that they do this partly from a sense of their high duty, but also because of their desire to make an exhibition of their industry and erudition. No matter how learned and experienced the judge, if he has made a deep study of a case he will inevitably have formed an opinion regarding its merits before he comes to court. So, he will start with. a bias and it will be difficult to displace him from his position, for his subconscious mind will refuse to admit that something important escaped his close study of the case or that a certain piece of evidence was erroneously inter-

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preted. A truly liquid mind is a very rare co.mmodity amo.ng high judicial dignitaries. My friend and co.lleague Mr. Justice Achhruram, has always been a very industrious . lawyer. He commanded an extensive and lucrative practice at the bar befo.re he was raised to' the bench, and he bro.ught with him his inimitable capacity fo.r hard work and his deep kno.wledge of civil law. Criminal law and pro.cedure had remained comparative strangers to' him, though he had often sat o.n a bench dealing with criminal matters. Fo.r weeks before the appeal o.f Go.dse and his acco.mplices came up fOif hearing, he had been studying the bulky vo.lumes in which the entire evidence, o.ral and do.cumentary, was co.ntained. There were in all 1,131 printed pages o.f fo.o.lscap size and a supplementary vo.lume o.f 115 pages o.f cydo.styled fo.o.lscap paper. He had taken pains W look up a number o.f reported cases dealing with so.me legal aspects o.f the trial, and had made a no.te o.f these rulings. So., when he came to. Co.urt o.n the morning o.f May 2, he sho.wed a co.mplete understanding o.f the facts o.f the case as well as o.f the points o.f law raised in the memo.randa o.f appeals. I have always had the pro.foundest respect fo.r my quo.ndam co.lleague, bo.th as a lawyer and as a judge, and I shall co.ntinue to respect his learning, but his habit o.f industry had a most unfo.rtunate consequence o.n the first day o.f the Go.dse appeal. The case was o.pened by Mr. Banerjee. who. started by putting fo.rward an argument that a charge of conspiracy co.uld ro.t survive the co.nsummatio.n o.f the purpose of the co.nspiracy, and the conspirato.rs co.uld no.t be tried o.n multiple charges o.f co.nspiracy to. murder Mahatma Gandhi and also o.f actually murdering him. They sho.uld have been tried for murder and abetment o.f murder. Mr. Banerjee's argument was that owing to. this serio.us irregularity the trial o.f all the appellants was vitiated. It was, as lawyers say, a nice point, and much could be said fo.r and against it; but no sooner had Mr.

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Banerjee uttered a few ram cut him sho.rt by of reported rulings fro] Mr. Banerjee tried in subject according I merest reference to a ment was repulsed by My friend Mr. Justice of the bench, felt that co.ntrol the proceedin~ day reso.lved themselv Mr. Banerjee being aI minor speeches. Bhar the unusual trend w tho.ught that the bene exhibition o.f its judici! ing very widespread a vey the impressio.n th: minds abo.ut the who.l the merits of any aT! co.nvicted persons. After the day's pro. chamber and confided proceedings and his m the case. He asked m tio.n. I agreed with hi usual one, and, if the: indication, we seemec entertainment for the 'But he won't let th o.n like this. The lav case.' 'H'm, yes. But,)I( They just can't help c It happens even in EI

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very rare commodity ustice Achhruram, has , rvyer. He commanded ,~ at the bar before he brought with him his ;: and his deep know'and procedure had rehim, though he had criminal matters. For e and his accomplices en studying the bulky ~e, oral and documentI in ali 1,131 printed mentary volume of U5 c. He had taken pains ases dealing with some made a note of these urt on the morning of !erstanding of the facts ts of law raised in the ,t respect for my quon1 as a judge, and I shall It his habit of industry Ice on the first day of 'pened by Mr. Banerjee. argument that a charge ~ consummation of the conspirators. could not conspiracy to murder tually murdering him. lurder and abetment of was that owing to this 't II the appellants was , nice point, and much iut no sooner had Mr.

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Banerjee uttered a few .sentences than Mr. Justice Achhruram cut hiin short by drawing his attention to a number of reported rulings from the various High Courts of India. MI'. Banerjee tried, in vain, to expound the law on the subject according to his own understanding of it. The merest reference to a decision which supported his argument was repulsed by a volley of rulings to the contrary. My friend Mr. Justice Bhandari, as the seniormost judge of the bench, felt that he should be the one to guide and control the proceedings, which during the course of the' day resolved themselves into an animated duologue with Mr. Banerjee being allowed to utter only a few brief and minor speeches. Bhandari J. was greatly concerned about the unusual trend which the hearing had taken, and thought that the bench was making a far from digniJied exhibition of its judicial attitude in a case which was drawing very widespread attention. He feared we might convey the impression that we had already made up our minds about the whole case and had no wish to examine the merits of any argument advanced on behalf of the convicted persons. After the day's proceedings were over he came to my chamber and confided to me his irritation over the day's proceedings and his misgiving about the future conduct of the case. He asked me how he should deal with the situation. I agreed with him that the day had been a very unusual one, and, if the faces of the large audience were any indication, we seemed to have provided a great deal of entertainment for the gallery. 'But he won't let the case proceed. Gopal, we can't go on like this. The lawyer should be allowed to argue his case.' 'H'm, yes. But, you know, some judges like to talk. They just can't help chipping in when counsel is arguing. It happens even in England.'

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'Don't you think I should speak to him'? .You see, we have spent five hours over the case and we haven't advanced a single step forward.' 'Well, you might mention it to him. He won't like it.' Mr. Justice Achhruram didn't like it. In fact, he greatly resented it, and for the next few days relations between two of the members of the bench were far from cordial. They hardly spoke to one another, and each greeted the other with a scowl. Fortunately this quarrel was short lived, and was soon forgotten in the complexities of the case and the intricate pattern of the evidence each detail of which had to be scrutinised and appraised. I shall not dwell upon the legal issues raised before us, as they contained little of any interest to the general reader, and even to the lawyer they offered only a few familiar aspects of procedural rules and were scarcely germane to the merits of the case. Before, however, narrating the story of the manner in which the conspiracy was hatched and its purpose achieved, let me briefly introduce the individuals upon whose destinies we were called upon to make a pronouncement. Nathuram and Gopal Godse were the sons of a village postrnaster. They were a family of six, four brothers and two sisters. Nathuram, the second child, was not an industrious student, and he left school before matriculating. He started a small business in cloth, but when this did not prove profitable he joined a tailoring concern. At 22 he joined the Rashtrya Swayam Sewak Sangh-an organisation of which the avowed aim was to protect Hindu culture and solidarity. A few years later he shifted to Poona, and became Secretary of the local branch of the Hindu Mahasabha. * He took part in the civil disobedience movement in Hyderabad, where Hindus were com-

* The Hindu Mahasabha is a political body formed· about thirty years ago to protect the interests ·of the Hindus. The Mahasabha acquired vigour and importance only when Veer Savarkar, after a long .period of incarceration for a revolution-

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plaining of being dep government of the N sentenced to a term ( become deeply invoh widely in History all( free from the bonds brings with it, and t< he had set before hirr then employed as a paper Agami. The Rasbtra. Godse was Mahatma Gandhi's p adversely criticised an He was resentful of . of his friendship witl Bengal. The Goverr became infiammatof' This did not suffice;' Security Act was fOl fresh deposit, and tht the sympathisers of bomb incident of Jan Rasbtra with more t in the headline: REP BY ENRAGED HIJ APPEASEMENT PC Godse had made most of its verses b, justify acts of violeti' had a fiery tempera: to conceal under a c His younger broth ate in his espousal oj matriculation exami

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: to him? You see, we and we haven't advanc-

im. He won't like it: ke it. In fact, he greatdays relations between were far from cordial. r, and each greeted the this quarrel was short the complexities of the he evidence each det?il 'd appraised. issues raised before us, interest to the general !ley offered only a few lIes and were scarceJy Before, however, narI which the conspiracy ~ved, let me briefly inlose destinies we were .ment. re the sons of a village f six, four brothers and j child, was not an in,::>1 before matriculating. oth, but when this did iloring concern. At 22 wak Sangh-an organiwas to.; protect Hindu lars later he shifted to he local branch of the It in the civil disobedi,lere Hindus were com-

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plaining of being deprived of their rights by the Muslim government of the Nizam. Nathuram was arrested and sentenced to a term of imprisonment. He had, by now, become deeply involved in Hindu politics and had read widely in History and Sociology. He decided to remain free from the bonds and impediments which matrimony brings with it, and to. devote all his energies to the aim he had set before him. At Poona he met Apte, who was then employed as a school teacher, and started a newspaper Agami. The name was later changed to Hindu Rasbtra. Godse was strongly opposed to what he called Mahatma Gandhi's policy of appeasing the Muslims, and adversely criticised any move to concede linnah's demands. He was resentful of Mahatma Gandhi's visits to linnah, of his friendship with Surawarthi, a Muslim leader from Bengal. The Government warned him when his writings became inflammatory and dangerous to public peace. This did not suffice; his security deposit under the Press Security Act was forfeited. He was asked to make a fresh deposit, and the money was hurriedly collected from the sympathisers of the Hindu Mahasabha cause. The bomb incident of 'January 20, 1948, was reported in Hindu Rashtra with more than a touch of gloating satisfaction in the headline: REPRESENTATIVE ACTION SHOWN BY ENRAGED HINDU REFUGEES AGAINST THE APPEASEMENT POLICY OF GANDHIJI. Godse had made a study of Bhagwadgita and kne.w most of its verses by heart. He liked to quote them to justify acts of violence in pursuing a righteous aim. He had a fiery temperament which he usually endeavoured to conceal under a calm and composed exterior. His younger brother, Gopal, was not quite so passionate in his espousal of the Hindu cause. After passing his matriculation examination he, too, joined the tailoring ary offence, joined it and became its president, The slogan of the Mahasabba was Akband (undivideo) Hindustan or Akband Bbarat.

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concern in which Nathuram worked. He married and had two daughters. After working for some time for the Hindu Mahasabha, he joined the Army as a member of the civilian personnel, and was appointed a store-keeper of the Motor Transport Spares Sub-Depot at Kirkee, a military station near Poona. During the war he went to Iraq and Iran and came back with a fuller understanding of the rights of men and the importance of freedom. He was greatly influenced by Savarkar's speeches against the proposal to divide India, and became converted to the creed of violence. His brother, Nathuram, counselled discretion and said to him: 'You are a married man with responsibilities and commitments. Think twice before embarking on this dangerous course.' Gopal hesita~ed, thought over the matter, but in the end decided to throw in his lOot with Nathuram. Narayan Dattatrya Apte came of a middle-class Brahmin family. After taking his B.Sc. degree he became a school teacher at Ahmadnagar. There he started a rifle club and joined the Hindu Rashtra Dal. * During this time he met Nathuram Godse and became friendly with him. In 1943 he joined the Indian Air Foree and was awarded a King's Commission. Four months later he resigned because his younger brother's death necessitated his return home to look after the affairs of. the family. The following year he joined Godse to help him with his newspaper on the management side. His close association with Godse converted him to the belief that nothing substantial could be achieved in the political field by peaceful means. To the last he displayed a more steadfast and courageous attitude than Godse, though he did not possess Godse's religious fervour nor his ebullient enthusiasm. .. A body of young men with militant views who set themselves up as. defenders of their motherland, and practised military drill with sticks and batons. ;."

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Vishnu Ramkrishna hood and adolescence him and bring. him UJ leaving him there, ab: earned his livelihood 1: restaurants. He joine4 finally started a restaur became an active men was elected secretary 4 that he came to kno, associates. With Apt; tested the election to mittee. In 1946 he w to render assistance t4 lence. He stayed the: the kidnapping and n back greatly em,bitter when Mahatma Gandl instance of kidnappil1 10,000/- to Ghulam S~ amounted, he said, t< cause Ghulam Sarwar of violence against the Madanlal Pahwa, 1 (now in Pakistan), ha' ran away from schoo When he failed to pas: and joined the Army, he asked for, and wa; home to Pakistan, ane 1947, he was evacuate< and aunt being maSSl Jeft Pakistan. He tri and his continued far ment. In December began organising den

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,rked. He married and , Ig for some time for the , Army as a member of ~ppointed a store-keeper Sub-Depot at Kirkee, a . ring the war he went to , h a fuller understanding . lrtance of freedom. He ir's speeches against the ecame converted to the 'athuram, counselled disere a married man with Think twice before em'urse.' Gopal hesitaled, he end decided to throw of a middle-class BrahBe. degree he became a There he started a rifle !ltra Da1. * During this Id became friendly with ',!ian Air Foree and was Four months later he re:her's death necessitated Ie affairs of the family. !jse to help him with his •ide. His close associa) the belief tha,t nothing n the politicaifield by displayed a more steadn Godse, though he did our nor his ebullient enitant views who set themlerland, and practised mili-

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Vishnu Ramkrishnan Karkare had a chequered childhood and adolescence. His parents, unable to support him and bring him up, to~k him to an orphanage and, He ran away and leaving him there, abandoned him. earned his livelihood by taking up odd jobs in hotels and restaurants. He joined a troupe of travelling actors, and finally started a restaurant of his own inAhmadnagar. He became an active member of the Hindu Mahasabha, and was elected secretary of the district branch. It was thus that he came to know Apte, .and the two became close associates. With Apte's help, Karkare successfully contested the election to' the Ahmadnagar Municipal Committee. In 1946 he went to' Noakhali with a relief party to render assistance to the victims of Muslim mob violence. He stayed there for three months and witnessed the kidnapping and raping of Hindu women. He came back greatly embittered and expressed his indignatioq when Mahatma Gandhi said that he had not seen a single instance of kidnapping or rape. The payment of Rs. 10,000/- to Ghulam Sarwar, a Muslim M.L.A. of Bengal, amounted, he said, to awarding a viCious criminal because Ghulam Sarwar had been responsible for many acts of violence against the Hindus. Madanlal Pahwa, a Punjabi Hindu from Pakpattan (now in Pakistan), had the makings of a firebrand. He ran away from school to join the Royal Indian Navy . When he failed to pass his examination he went to Poona and joined the Army. After a brief period of training he asked for, and was given, a release order. He went home to Pakistan, and when large-scale rioting started in 1947, he was evacu.ated to Ferozepore. He saw his father and aunt being massacred by a Muslim mob before he Jeft Pakistan. He tried in vain to secure employment, and his continued failures added to his sense of resentment. In December 1947 he met Apte arid Godse, and began organising demonstrations by groups of refugee~

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THE MURDER OF THE MAHATMA

against the Government and its apparent lack of sympathy for the Hindu victims of the partition. Shankar Kistayya was the son of a village carpenter. He had no schooling of any kind and remained illiterate. After an unsteady period of temporary jobs, he went to Poona and obtained employment at a shop. There he met Badge, who dealt in daggers, knives and (surreptitiously) in firearms and ammunition. Badge offered to take him as his domestic servant, and Kistayya agreed to serve him at a salary of Rs. 30/- per month. Kistayya proved a willing and energetic worker, and besides doing Badge's house-work he washed his clothes, looked after his shop and acted as his rickshaw coolie. But when his wages fell into arrears he decamped with a sum of money which he had collected from an old woman on his master's behalf. After the money was spent he went back to Badge and Badge re-employed him. Thereafter he 'went steady' and became Badge's trusted agent for carrying contraband arms and weapons to his customers. There was at that time quite a flourishing trade in illicit arms owing to the communal trouble in Hyderabad and other parts of the country. . Dr. Dattatraya Parchure was a Brahmin from Gwalior. Hi.s father held a high post in the Education Department of the State and was a greatly respected individual.. Parchure qualified as a Bachelor of Medicine and Surgery, and joined the State Medical Service. He was dismissed in 1934 and began practising privately. He took an active part in the activities of the liindu Mahasabha, and was elected the Dictator of the local Hindu Rashtrya Sena. In this capacity he became acquainted with Godse .and Apte. Vinayak Savarkar, or Veer Savarkar as he came to be known, was a barrister and historian. He joined a revolutionary body amI was sentenced to transportation for fourteen years. He was subsequenty interned. OQ his .release in 1937 he joined the Hindu Mahasabhlt and de-

THE CRIME (

voted himself to the 1\ India. He was ·for man' lI;nd exercised a great di tlOns and policies. He I Savarkar Sadan was vi t~e. meetings held there plClOn by the authorities Digambar Ramchand; the approver, a Maratha desh, had a brief period ' stage of matriculation c stu~ies and went to Poon penenced considerable d employment, and had to of various kinds. Once of the residence of the cipality. The post, he v and he left it. For som charitable institution and door to door, his rem un collections made by him knives, daggers and kn~ hawked them. The busi money than what he had ; dually he expanded the Sl ly started a shop of his ov not require a licence for that period in great dem members of anti-Muslim siding near the border Df 1 were particularly good Cl into contact with member: began attending the annua: . they were held. . On each well stocked not only with lar knives, daggers and knt

en

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M.M.-9

THE CRIME OF NATHURAM GODSE'

IE MAHATMA

pparent lack of sympathy ..rtition. il of a village carpenter. :l. and remained illiterate. Iporary jobs, he went to 1t at a shop. There he :es, knives and (surreptilition. Badge offered to I1t, and Kistayya agreed 0/- per month. Kistayya rorker, and besides doing '. his clothes, looked after 'llW coolie. But when his Jed with a sum of money Id woman on his master's :ot he went back to Badge lereafter he 'went steady' :ent for carrying contra:ustomers. There was at lde in illicit arms owing derabad and other parts Brahmin from Gwalior. le Education Department 'spected individual.. Par\f Medicine and Surgery, tvice. He was dismissed ~"ately. He took all. acMalmsabha,;,and ", Hindu . El local Hindu Rashtrya Ie acquainted with Godse

,I

varkar as he came to be ')rian. He joined a revo:ed to transportation for luenty inte:rned. OQ his ndu Mahasabha and de-

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vvted himself to the Mahasabha's objective for united India. He was for many years the president of this body, and exercised a great deal of influence over its deliberations and policies. He resided in Bombay, and his house Savarkar Sadan was visited by all Hindu leadets, and the meetings held there were viewed with an eye of suspicion by the authorities. Digambar Ramchandra Badge (pronounced Bahdgay), the approver, a Maratha from Challisgaon in East Khandesh, had a brief period of schooling, and long before the stage of matriculation could be reached he abandoned studies and went to Poona to earn his livelihood. He experienced considerable difficulty in obtaining permanent employment, and had to be content with temporary jobs of various kinds. Once, he resorted to satyagrah in front of the residence of the Chairman of the Poona City Muni- . cipality. The post he was offered did not satisfy him and he left it. For some time he collected funds for a charitable institution and went with a money-box from door to door, his remuneration being one-fourth of the collections made by him. He bought small quantities of knives, daggers and knuckle-dusters fcom a shop and hawked them. The business brought him a little more money than what he had been able to earn hitherto. Gradually he expanded the scop,e of his activities, and finally started a shop of his own: The articles he dealt in pid not require a licence for sale or purchase, and were at that period in great demand by political agitators and members of anti-Muslim associations. The Hindus residing near the border.of the Muslim State of Hyderabad were particularly good customers. Badge, thus, came into contact with members of the Hindu Mahasabha and began attending the annual sessions of this body wherever they were held. . On each occasion he opened a bookstall, well stocked not only with books but with the more popular knives, daggers and knuckle-dusters. M.M.-9

250

THE MURDER OF THE MAHATMA

THE CRIME

He met Nathuram Godse and Apte at the residence of brot~e~, Gopal, and hi Veer Savarkar, president of the Hindu Mahasabha. In had lomed him in this 1947 he enlarged his business, adding contraband firea~ a grave risk of losing tI I and ammunition to his stock-in-trade. These he acqUIred ~ He held two insurana and disposed of. surreptitiously through his 'contacts'· of L 3,000/_ respectively on which, by now, he had many in Poona and in Bombay. nated Apte's wife as th These transactions were far more lucrative than the sale an~ on the following d, of books on patriotism and Hindu solidarity. policy for Rs. 3,000/_ Such was the composition of the group which came toc~mpani:d by Apte, he gether and became united by a comm~>n hatred .of w~at ,. mmd a lIttle easier in they believed was the weak-kneed polIcy of capitulatton I On the same day BE ! to Muslim arrogance, as propounded and advocated by Shankar. also left for ] Mahatma Gandhi. The evidence led in court revealed bag containing two gUl that the plan to put an end to this state of affairs was nades. ~~!ch were dep01 conceived by Godse and Apte in December 1947. In the of DIXIt}l Maharaj a course of the weeks that followed others joined the small leader and an old p~tro band, and the details of the plan began to be worked ou~. Iy. sold k~i~es and dagg The decision to strike was taken on January 13, when It HIndus hvmg near Mu was learnt that Mahatma Gandhi had started his fast to Badge spent the night ; put pressure upon the Government of India and compel sabha: and in the morni; it to review its former decision to withhold the payment and discussed the detail of 55 crores rupees to Pakistan. When after three days kare had been in Bom the Government surrendered to Mahatma Gandhi's detoo, joined the delib~r. mand, and announced its revocation of its previous deci- ;. . office. All five of therr sion by declaring that the Indo-Pakistan agreement relatandpic~ up the bag c ing to financial adjustments would be implemented imme~aharaJ had a friendly diately, the conspirators could wait no longer. They mg ~at the hand-grena hastened to complete their arrangements and achieve the Musl!ms of Hyderabad aim they had set before themselves. brewmg, went to the len The execution of this plan needed forethought, teamof working and throwing' work and a dovetailing of movements and arrangements asked him for the loan ( which were not free from a certain measure of complexreply. The visit of these ity. The first thing that Godse did was to mak~ an asmemory because of a f signment of his assets. He him8~lf was unD?arped and that he (Dixitji) would s had no commitments to leave behmd when hls lmmortal In fact, on that day, he longings were satisfied. The two persons who were nea~he remembered subseque . est to him, and for whom he felt most concerned were hls . fore the accident that Ba(

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THE CRIME OF NATHURAM GODSE

E MAHATMA

. Apte at the residence of . Hindu Mahasabha. In ding contraband firea~ rade. These he acqUired .through his 'contacts" of • l poona and in Bombay. •'e lucrative than the sale ~du solidarity. :he group which came tocommon hatred of what eel policy Qf capitulation •unded and advocated by 'ce led in court revealed . this state of affairs was 1 December 1947. In the ed others joined the small 1 began to be worked ou!. :n on January 13, when It Ihi had started his fast to nent of India and compel . to withhold the payment 1 When after three days \ ~ Mahatma Gandhi's de.- I :ation of its previous decI- .., t_Pakistan agreement relat.uld be implemented immed wait no longer. They lngements and achieve the ;elves. needed forethought, team,vements and arrangements :rtain measure of complex.;e did was to make an asimself was unmarried and behind when his immortal wo persons who were nea~­ ~lt roost concerned were hIS

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brother, Gopal, and his friend and associate, Apte. They had joined him in this perilous undertaking, and they ran a grave risk of losing their liberty and possibly their lives. He held two insurance policies of Rs. 2,0fiJ/- and Rs. 3,000/- respecti.vely on his life. On January 13 he nominated Apte's wife as the beneficiary under the first policy, and on the following day he similarly assigned the second policy f?r Rs. 3,000/- to his brother's wife. Then, . accompallied by Apte. he left Poona for Bombay, with his mind a little easier in, at least, one respect. On the same day Badge, accompanied by his servant, Shankar, also left for Bombay. They took with them a bag cont~ining two gun:cotton slabs and four hand-grenades whIch were depOSIted for safe custody in the house of Dixitji Maharaj, a prominent nationalist, religious leader and. an old patron of Badge. Badge had frequently. sold k~l~es and daggers to him for 'distribution among HlOdus ltvmg nea~ Muslim States, for their protection'. Badge spent the mght at the office of the Hindu Maha-· sabha~ and in the morning Godse and Apte met him there and dIscussed the details of their plan. Pahwa and Karkare ?~d been in~omb~y since January 10, and they, too, jomed the dehberatlons at the Hindu Mahasabha . office.. All five of them went to call on Dixitji Maharaj and PIC~ up the. bag containing the ex~losives. Dixitji Mahara} had a fnendly talk with his visitors and believing that the hand-grenades were to be used against the Muslims of Hyderabad, where communal trouble was brewing, went to the length of explaining the best manner of work~ng and throwing a hand-grenade.. But whenApte asked hIm for the loan of a revolver, he made an evasive reply. The visit of these five persons remained in Dixitji's memory ~c.a~se of a prediction made by an astrologer that he (DiXIt}I) would suffer bodily harm on January 17. In fact, on that day, he fell down and hurt himself, and he remembered subsequently that it was just two days before the accident that Badge and his companions had co~e

252

THE MURDER OF THE MAHATMA

to visit him. Dixitji was thus able to recall the whole incident and narrate it, complete in all details, when he gave evidence at the trial. . Pahwa and Karkare had no further business in Bombay, and Pahwa wanted to see his relatives in Delhi and discuss with them the question of his marriage. So, these two left Bombay by train on the evening of the 15th. They arrived at Delhi on the 17th, and after a fruitless attempt to get living accommodation at the office of the Hindu Mahasabha engaged a room in a small and inexpensive hotel in Chandni Chowk. While registering their arrival, Karkare gave a false name, describing himself as B. M. Bias. Pahwa stated his correct name but entered a wrong address in the column 'Permanent address'., Badge and his henchman, Shankar, went back to Poona, and after entrusting his arms and explosives to a sympathiser of the Hyderabad State Congress returned to Bombay on the morning of the 17th. There they met Godse and Apte at the railway station in pursuance of a previous appointment. . Money was needed for carrying out their project, and they went round Bombay on a campaign of collecting funds. By representing that they needed money for the Hyderabad movement, they succeeded in securing Rs. 2,100/- from a number of persons. The same afternoon Godse and Apte travelled to Delhi by plane. They bought their tickets under assumed names-Godse representing himself to be D. N. Karmarkar and Apte, S. Marathe. In Delhi they stayed at the Marina Hotel, and abandoning the aliases they had adopted for the air journey registered themselves as S. Deshpande and M. Deshpan de. In this holei they stayed till the 20th. Badge and Shankar travelled to Delm. by train and reached there on the evening of the 19th. They went to the Hindu Mahasabha Bhavan and stayed there. Gopal Godse was, as I have already mentioned, employed as a store-keeper in an Army depot near Poona. On the 14th he submitted an application. for seven days'

THE CRIMl

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leave beginning Janu the ground that he w, of officers on the 16tl plication and asked This was granted, an( evening of the 18th. asleep when it arrive( His brother, Nathura thus could not see hi! and there Gopal aligh form with a group c went to the Mahasab.ll rangements for their s further consultations Chandni Chowk. All rived in Delhi by t.ll had provided themseh cotton slabs and sever volvers was a service with him from the tim Nathuram's request he other revolver was pro old client of his to wh hand-grenades and gun Badge. On the morning of tl Shankar paid a visit c Birla House was appro. as Albuquerque Road .. situated the servants' qt the back of the quarter large platform had bee the prayer meetings a Mahatma Gandhi himsl

* NC?,w 30 J!lnuary Ma· GandhI s assasslDation on

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THE CRIME OF NATHURAM GODSE

MAHATMA

"ble to recall the whole in all details, when he her business in Bombay, atives in Delhi and dishis marriage. So, these Ie evening of the 15th. ,th, and after a fruitless tion at the office of the ~m in a small and inexWhile registering their •ae, describing himself as 'orrect name but entered 'Permanent addFess'. kar, went back to poona, :I explosives to a sympamgress returned to BomThere they met Godse 1 pursuance of a previous !d for carrying out their )mbay on a campaign of ,g that they nee?ed mOI~ey ley succeeded III securIng 'I0rsons. The same afterto Delhi by plane. They 'Jed names-.Godse repre{armarkar and Apte, S. at the Marina Hotel, and adopted for the air jourDeshpande and M. Deshled till the 20th. Badge ,y train and reached there ey went to the Hindu Ma~te.

already mentioned, emArmy depot near poona. pplication for seven days'

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leave beginning Janliary 15. The leave was refused on the ground that he was required to appear before a board of officers on tlle 16th. On the 16tll he renewed his application and asked for a week's leave from the 17th. This was granted, and he was able to reach Delhi on the evening of the 18th. His train was late, and he was fast asleep when it arrived at the New Delhi railway station. His brother, Nailiuram, who had come to receive him, thus could not see him. The train went on to Old Delhi, and there Gopal alighted and spent the. night on ilie platform with a group of refugees. The next morning he went to the Mahasabha Bhavan and met his friends. Arrangements for their stay in the Bhavan were made, and further consultations took place at Pahwa's hotel in Chandni Chowk. All ilie seven conspirators had tllus ar• rived in Delhi by the evening of January 19. They had provided themselves with two revolvers, some guncotton slabs and several hand-grenades. One of ilie revolvers was a service weapon which Gopal Godse had with him from the time he had been posted abroad. At Nathuram's request he had brought it with him, and the other revolver was procured by Badge from Sharma, an old client of his to whom he had formerly sold it. The hand-grenades and gun-cotton slabs were all provided by Badge. On tlle morning of the 20th Apte, Karkare, Badge and Shankar paid a visit of reconnaissance to Birla H;ouse. Birla House was approached from what was then known as Albuquerque Road ..* BeYOilld the main house were situated the servants' quarters. There was a verandah at the back of the quarters, and in front of the verandah a large platform had been constructed. It was here that the prayer meetings of Mahatma Gandhi were held. Mahatma Gandhi himself sat on a wooden divan under

!

* Now 30 January Marg in commemoration of Mahatma Gandhi's assassination on January 30, 1948 ..

254

THE CRIME

THE MURDER OF THE MAHATMA cus~omers

the verandah roof while the members of the audience disposed themselves on the platform. The wall behind Gandhiji's divan contained a trellis-wt}rk window which provided ventilation to the room beyond. The back gate of the house opened on to a service lane. and most of the regular vis.itors came to the prayer meetings by this gate. !he conspirators entered the house by the back door and mspected from outside the room with the trellis-work wind~w. A one-eyed man was sitting in front of the doorbf ~hls ~oom. and they did not think it wise to seek entry mto It at that moment and thus draw attention to themselves. but they walked round through the verandah and. finding no one within sight. Apte measured the openings of the trellis-work with a piece of string. He came to the ~onclusi?n that it ",:as possible to fin~·through these openmgs which were Wide enough to allow even the passage of a hand-grenade of the size they had brought with them. I~ was decid.e~ that Godse and Apte would direct operatIOns by glvmg pre-arranged signals at appropriate moments. Badge. armed with a revolver and a handgrenade, would. enter the servants' quarters behind Mahatma Gandhi's seat by pretending that he intended to take a photograph of the prayer meeting through the trellised window. Pahwa would explode a gun-cotton slab near the back gate, in order to distract the attention of the gathering at the prayer meeting and to create a stampede. In the ensuing confusion, Badgewas to shoot at Gandhiji with his revolver from behind and follow up by throwing his hand-grenade at him. From the front his servant, ~ha.nkar! w~s to duplicate his master's performance by similarly firmg a revolver and throwing a hand-grenade. Gopal Godse, Pahwa and Karkare were then to throw a hand-grenade each and everyone was to escape as best he could. The revolvers brought by Badge and Gopal Godse had not been tested to see if they fired accurately. Badge's revolver was an old one which he had sold to one of his

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and had bo: caslOn, and Gopal's re several years. So aft~ Apte, Badge, Gopal aJ hind the Mahasabha 0 seen that the chambel and did not work. j fell very Sh011 of the . volver, too, was usele weapons, and Shanka and a penknife from While Gopal was enl Fo!est Guard was see, qUIckly hidden, and Pl to allay any possible guard passed on to c( completed, but there A final meeting at 1\ afternoon. Nathuram seve~e headache, and detaIls. of their plan w explOSIVes were distrib in the slabs and handadmonished them to . and care. 'It is your 1 fail.' Fictitious name£ were to be used should lic. arise. They chang pam ted a false mous1 placed a red mark on I ance of a devout Brat The crowd at the pn as this was Mahatma after the 12th when he of the electric installa use, and Gandhiji's fee

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of the audience ~is­ m. The wall behmd is-WNk window which .eyond. The back gate e lane. and most of the : meetings by this gate. ~ by the back door and ith the trellis-work winin front of the door of k it wise to seek entry lraw attention to them)ugh the verandah ~nd, measured the openmgs string. He came to the fire-through these openallow even the passagl' had brought with them. _pte would direct op:rasignals at appropriate -l revolver and a handyants' quarters behind lding that he intended to neeting through the treiplode a gun-cotton slab .tract the attention of the nd to create a stamped.~: was to shoot at GandhlJl d follow np by throwing !l the front his servant. naster's performance by lfowing a hand-grenade. re were then to throw a was to escape as best he ~e and Gopal Godse ha? :1'ed accurately. Badge s _e had sold to one of his

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customers and had borrowed it hack from him for the occasion, and Gopal's revolver had lain-unused with him for several years. So after the reconnoitring at Birla House, Apte, Badge, Gopal and Shankar went in to the forest behind the Mahasabha office to try out the weapons. It was seen that the chamber of Gopal's revolver was defective and did not work. A shot fired from Badge's revolver fell very short of the target. Apte declared that this revolver, too, was useless. Gopal undertook to repair the weapons, and Shankar was sent to fetch a bottle of oil and a penknife from his bag in -the Mahasabha office. While Gopal was engaged in repairing the revolvers a Forest Guard was seen approaching. The weapons were quickly hidden, and Pahwa spoke to the guard in Punjabi to allay any possible suspicion on his part. When the guard passed on to continue his round, the r~pairs were completed, but there was no further trial firmg. A final meetirig at Marina Hotel took place in the early afternoon. Nathuram lay on his bed, complaining of a severe headache, and the others sat round him while _the details of their plan were discussed and the weapons ~nd explosives were distributed. The primers and fuse Wlfes in the slabs and hand-grenades were fixed, and Nathuram admonished -them to perform their parts with diligence and care. 'It is your last chance,' he said, 'you must ~ot fail.' Fictitious names were assigned to everyone, whIch were to be used should need to address each other in public arise. They changed their clothes and Karkare even painted a false moustache, darkened his eyebrows and placed a red mark on his forehead to give him the appearance of a devout Brahmin. The crowd at the prayer meeting was bigger than usual. as this was Mahatma Gandhi's first public appearance after the 12th when he had undertaken his fast. A failure of the electric installation put the loud-speakers out of use, and Gandhiji's feeble voice could be heard only by _a

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few who sat near him. But his discourse was repeated to the audience by Dr. Sushila Nayyar, a prominent congress worker and a close associate of Mahatma Gandhi. Gandhiji referred to the Peace Pledge taken by the residents of Delhi, and said Delhi had done. a great thing and he hoped that the signatories had taken their pledge with Truth, represented by God, as their witness. If Delhi acted truthfully, the effects of its action would be felt aU over the world. He was sorry, however, that the Hindu Mahasabha had repudiated the pledge through one of its officials. Enmity towards the Muslims meant enmity towards India. He went on to speak of a suggestion that he should pay a visit to Pakistan to stop the acts of violence against nonMuslims. Suddenly there was a loud report as if something had exploded. A moment's restlessness was observed on the periphery of the audience, and some persons were seen moving away, but Gandhiji asked everyone to remain seated and continued with his discourse. After he had concluded it, Dr. Sushila Nayyar repeated the substance of the speech to the audience from her notes. A large portion of the audience near Gandhiji'sseat did not know what had caused the loud report and where exactly the explosion had taken place. Gandhiji himself thought that it was some form of military practice and, therefore, nothing to worry about. It was only when the prayer meeting was dispersing that those who had been sitting near Gandhiji's divan learnt that a Punjabi youth had exploded a gun-cotton slab near the back gate of Birla House. No one was injured. and the misguided youth had been immediately apprehended and handed over to the police. A hand-grenade, complete in every respect, was recovered from his coat pocket. Some people said that the young man's name was Madan Lal Pahwa, and that he was a disgruntled refugee who was merely making an exhibition of his bad temper. Pahwa was taken away by { .. j

THE CRIMI

the police for interro went home talking al .The well-laid plan f~lled. All seven of t dIsposed themselves ; t~em. But at the 1a hUl!. . He found two I whIch provided acce' divan. One of these ; seen in the morning. omened, and Badge s revolver and threw h work window, he wau: room and escape WOI that he would, on no : consultation took pIa persuade Badge to ac fusal was perforce acc the slab of gun-cotton. the others waited for· provide them with th task. Strangely enoug and no confusion. A was caught and hande meeting went on almOl calculations of the c( and they scampered a\\ and Shankar hired the and after taking their Bhavan caught the n Godse and Apte went one day, and then wen on the 23rd. Karkare of the 20th at another . na~es, Gopal professi~ RaJgopalan. On the Poona.

MAHATMA

THE CRIME OF NATHURAM GODSE

scourse was repeated to 'ryar, a prominent co~­ e of Mahatma GandhI. >ledge taken by the residone a great thing and .taken their pledge with heir witness. If Delhi action would be felt all .owever, that the Hin?u ledge through one. of Its lslims meant enmIty to-

i

stion that he should pay of violence against nonloud report as if somet's l'estlessness was oblience, and some persons Idhi ji asked everyone to his discourse, After he ayyar repeated the sub!nce from her notes. A r Gandhiji's seat did not report and where exactly Jandhiji himself thought { practice and, therefore, s only when the prayer se who had been sitting a Punjabi youth had ~x­ the back gate of Blrla the misguided youth had and handed over to the ~te in every respect, was Some people said that lan Lal Pahwa, and that o was merely making an ahwa was taken away by

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the police for interrogation, and the scandalised visitors went home talking about the outrage in subdued voices. The well-laid plan of the conspirators had completely failed. All seven of them had arrived at Birla House and disposed themselves according to the decision taken by them. But at the last moment, Badge's courage failed him. He found two persons standing in front of the door which provided access to the room behind Gandhiji's divan. 'One of these men was the one-eyed man they had seen in the morning. A one-eyed man is proverbially illomened, and Badge suddenly realised that if he fired his revolver and threw his hand-grenade through the trelliswork window, he would be irretrievably trapped inside the room and escape would be impossible. He told· Godse that he would, on no account, enter the room. A hurried consultation took place, and after a public attempt to persuade Badge to adhere to the original design, his refusal was perforce accepted. Pahwa was told to detonate the slab of gun-cotton, and when the explosion took place the others waited for a general stampede which was to provide them with the opportunity for completing their task. Strangely enough, there was no stampede, no panic . and no confusion. A few persons moved away. Pahwa was caught and handed over to the police, and the prayer meeting went on almost as if nothing had happened. The calculations of the conspirators were completely upset. and they scampered away in a state of near panic. Badge and Shankar hired the first tonga they met on the road, and after taking their baggage from Hindu Mahasabha Bhavan caught the night train for Poona. Nathuram Godse and Apte went to Kanpur where they stayed for one day, and then went on to Bombay where they arrived on the 23rd. Karkare and Gopal Godse spent the night of the 20th at another hotel and registered under assumed names, Gopal professing to be G. M. Sastn and Karkare, Rajgopalan. On the 21st they took the train back to Poona.

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Pahwa's arrest and the failure of their plan disheartened the conspirators but did not deflect them from their purpose. During the week that followed th~ had hurried consultations. They had to strike at once, because they feared that Pahwa would not be able to maintain his silence when subjected to police interrogation. and. it would not be long before they were traced and taken into custody. Nathuram announced his intention to assume the en!ire responsibility for the project and perform the deed smgle-handed. It was. he argued. the best and indeed the only way to bring their plan to a successful conclusion and lead them to the fruition of their desires. Karkare. in his statement to the police. gave a vivid description of the talk he had with Godse and Apte on the 26th at Thana. * This was his first meeting with them after the debacle of the 20th:

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We walked and came to Thana railway station. and sat down on the cement platform near the goods yard. This was a completely secluded place. It was about 9.45 p.m. and it was a moonlit night. This place was suggested by Apte and Godse as they did not want anyone to overhear our conversation.. On taking our seats . on the platform I asked Apte and Godse how they had come back from Delhi after the explosion of January 20. Godse was in a calm mood and asked me not to discuss anything about the matter but talk of our present circumstances and also of our future plans. This was urgent. because Madan Lal had been arrested and he would disclose our names. Godse also said that we would be arrested by the police and our plans to assassinate Gandhiji would fail. He, therefore, suggested that there should not be nine or ten persons in the execution of the plan. because history showed that such revolutionary plots in which several persons were con-

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A suburb of Bombay.

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cerned had always of a single indivil s~veral instances f smgle persons, Sue ?ev. ~ao Gogate, h 1?d1vldual efforts. smate Gandhiji sir to Ahmednagar if of Hindu Mah;sa 1 the sale of the shat to look for a goo s~unned by this St sIlent. I thought t cussed the matter Godse's intention '. up his mind to sta' heard that Godse w; rashtra, and I aske P~ring himself to d mmed and told me the work entrusted they were going t, Godse then told m within a day or twc killing Gandhiji, an he would not enter also be with them : pared for the wors1 ject. I was told th Poona safely and v. also told me that J. hi~ private affairs cited, and dedar~d did, even at the risk Rs. 300/-, and ask~ Godse and Apte we Bombay under assun

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·)f their plan dishearte~­

deflect them from their Hawed they had hurried e at once, because they e able to maintain h~s e interrogation, and. It re traced and taken into his intention to assume )foject and perform ~he irgued, the best and 111;}lan to a successful con:on of t4eir desires. K~r­ ce gave a vivid descnpse' and Apte on the 26th eting with them after the ana railway station, and ,rm near the goods yard. .ed place. I~ was about 'it night. This place was is they did not want anyon., On taking our seats and Godse how they had the explosion of January )od and asked me not to ltter but talk of our pr~­ if our future plans. ThiS ,a1 had been ar~ested and Godse also saId that w,e e and our plans to assass!" therefore, suggested that ten persons in the execu:ory showed that such re,everal persons were con-

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cerned had always been foiled, and it was only the effort of a single individual that succeeded. He mentioned several instanc~s from history and told us that acts of single persons, such as Madan Lal Dhingra and Vasudev Rao Gogate, had been successful. because they were individual efforts. He had, therefore, decided to assassinate Gandhiji single-handed. He asked me to go on to Ahmednagar, if I so desired, and carryon the work of Hindu Mahasabha. He also requested me to push the sale of the shares of Hinda Rashtra Parkasham and to look for a good writer in place of Apte. I was stunned by this suggestion and I saw that Apte was silent. I thought that Godse and Apte must have discussed the matter, and that Apte was fully aware of Godse's intention. Inside me 1 felt that Apte had made up his mind to stand by the side of Nathuram. I had heard that Godse was ashamed to show his face in Ma'harashtra, and I asked him if this was his reason for preparing himself to die. Godse looked stunned and determined and told me not to say such things and carry out the work entrusted to me. I insisted all knowing how they were going to commit the murder of Gandhiji, Godse then told me that he would procure a revolver within a day or two, or would find some other means of killing Gandhiji, and until he had accomplished his aim, he would not enter Maharashtra. I felt that I should also be with them and told Godse that I, too, was prepared for the worst and would join them in their project. I was told that Badge and Shankar had reached Poona safely and were attending to their work. Godse also told me that Apte had gone to Poona and settled hi~ private affairs. On hearing this I became very excited, and declared my intention to do whatever they did, even at the risk of my life. Apte, on this, gave me Rs. 300/-, and asked me to go to Delhi the next day. Godse and Apte were at that time staying in a hotel at Bombay under assumed names, V. Vinayakrao and D.

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Vinayakrao. On the 25th they had booked two seats on . the plane going to Delhi on the morning of the 27th, giving the same false names, V. Vinayakrao and D. Vinayakrao. In the meantime the police were making extensive enquiries just as Godse and Apte had feared. The course of these enquiries was guided not so much by what Pahwa had revealed to the police after his arrest but by a piece of indiscretion committed by him before the incident of January 2(). In the beginning of October 1947 Pahwa came into contact with a Bombay professor, Dr. J. C. Jain. Pahwaappealed to him for help, saying that he was a re~ fugee who had lost everything in Pakistan and wanted to earn his living in whatever way was possible. Dr. Jain, who besides being a professor of Hindi is the author of several books, offered to engage him as an agent for the sale of his books and pay him a commission on the sale proceeds. Pahwa agreed, but this job did not prove very profitable. It did, however, establish a friendly relationship between the two men, and Pahwa began to speak of his emotions and aspirations. He boasted of his exploits at Ahmednagar, saying that he had assaulted Rao Sahib PlI:twardhan at a public meeting because he was preaching Hmdu-~uslim unity, adding with a note of triumph that the polIce had left him alone as they were all 'Hinduminded'. He had organised a volunteer corps to defend Hindus and, in particular, the refugees. On one occasion in the beginning of January he spoke, with a mysterious air, of a plot to murder a leader. Dr. Jain thought the young man was merely boiling over with indignation, and did not believe that there was any truth in what he said. But the next time he met Pahwa he asked him the name of the leader who was to be the victim of their plot, and when Pahwa revealed the name of Mahatma Gandhi, Dr. Jain, though still incredulous, gave him some fatherly advice, telling him not to behave like a foolish child. 'You are a refugee,' he said, 'you have suffered a great deal in

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the Punjab riots. 'Bei should not seek yoU! great .length in this . Jain believed that hI indeed there was any and dismissed the mal consequence. But when only a 1 Birla House and th, was indignant with h nally complacent, anc bhal Patel, the Minis sent at Bombay, all( Bombay Provincial them was available,'b the Chief Minister of then .personally in hi Desai, who was then He told them the stor Gandhi just as he ha at once took the mal for the persons wI associates. Godse and Apte an on January 27. The by train, reaching th tonga to the house 0: with him. The objec which would fire ae< ful, and a pistol was member of Dr. Par( Apte then returned t< ing of the 29th. The pelhi railway station, mg. Karkare had in the by train, and in purs

THE CRIME OF NATHURAM GODSE

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'ld booked two seats on .: morning of the 27th, '. Vinayakrao and D.

¥'ere making extensive lad feared. The course o much by what Pahwa · is arrest but by a piece . before the incident of f October 1947 Pahwa Jrofessor, Dr. J. C. Jain. iaying that he was a re~ ·Pakistan and wanted to ¥'as possible. Dr. Jain, Hindi is the author of lim as an agent for the commission on the sale job did not prove very h a friendly relationship l began to speak of his •asted of his exploits at :.1 assaulted Rao Sahib ;cause he was preaching a note of triumph that · they were all 'Hindullunteer corps to defend Igees, On one occasion Joke, with a mysterious , Dr, Jain thought the er with indignation, and f truth in what he said. he asked him the name rictim of their plot, and E Mahatma Gandhi, Dr. e him some fatherly ade a foolish child. 'You suffered a great deal in

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the Punjab riots .. Being yourself a victim of violence, you should not seek your remedy in violence,' and so on at gr~at . length in this strain. When Pahwa left him, Dr. !am believed that he had converted the young man, if md~ th~re was any basis of truth in the story of the plot, . and dIsmIssed the matter from his mind as a thing of small consequence. . But when only a week later he read of the outrage at Birla . House and the arrest of Madan Lal Pahwa . he was indignant with himself for having remained so crimiilally complacent, and at once telephoned Sardar Vallabhbhai Patel, the Minister for Home Affairs, who was present at Bombay, and Mr. S. K. Patil, President of the Bombay Provincial Congress Committee. Neither of them was available, but he was able to speak to Mr. Kher the Chief Minister of Bombay, first on the telephone and then ,Personally in his office. He also saw Mr. Morarji DesaI, who was then the Home Minister of Bombay State. He tol~ ~hem the story of the plot to assassinate Mahatma GandhI Just as he had heard it from Pahwa. The police at once took the matter up and began a vigorous search for ~he persons who were reported to be Pahwa's aSSOCIates. . Godse and Apte arrived at Delhi, by plane, at 12.40 p.m. on January 27. The same afternoon they left for Gwalior by train, reaching there at 10.38 p.m. They drove in a t~nga ~o the hous~ of Dr. P~rc~l!re, and stayed the night WIt~ hIm. The object of theIr VISIt was to procure a pistol whIch would fire accurately. In this they were successful, and a pistol was obtained from one Goel who was a member of Dr. Parchure's volunteer corps. Godse. and ~pte then returned to Delhi, reaching there on the mornmg of the 29th. They engaged a retiring-room at the Old !Jelhi railway station, and stayed there till the n.ext mornmg. Karkare had in the meantime come to Delhi on the 28th by train, and in pursuance of a prearranged'plan he met

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Godse and Apte at the gate of the Birla Temple at noon on the 29th. Godse told him that a pistol had been procured from Gwalior, and that everything was ready for .the final accomplishment of their plan. Godse was in a grim mood and began to explain his motives for taking the entire burden upon himself. 'Apte has responsibilities. He has a wife and child. I have no family. Moreover, I am an orator and a writer; I shall be able to justify my act and impress the Government and the court of my good faith in killing Gandhi. Now, Apte, on the other hand, is a man of the world. He can contact people and carryon the Hindu Rashtra. You must help him in the conduct of the newspaper and carry on the work of the Hindu Mahasabha.' In the evening Karkare suggested a visit to the cinema, but Godse repelled the suggestion saying that he wanted to rest. Apte insisted, arguing that a little diversion would take his mind off the business of the following day and cheer him up, but Godse turned away and began reading a book. So Apte and Karkare left him and spent three hours entertaining themselves at the first cinema house they came to. On the morning of the 30th Godse appeared calm and self-possessed, but a close observer could discern signs of an inner agitation which was battling with a determination to meet his doom with the resignation of a fatalist. He was up first of all, and was bathed and dressed while Apte and Karkare were still asleep. All three had a light breakfast and then drove in a tonga to New Delhi. After paying off the tonga they walked to a thick forest not far from where they had alighted, and Godse fired three or four rounds from his pistol while Karkare standing on a high rock kept watch. Godse was satisfied with the performance of his weapon, and the party returned to Old Delhi. Godse spoke very little in the afternoon and continued to wear a determined expression. To Karkare he said:

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'You will miss me th1 'next time' was not q' a tonga, and, waving ! kare and Apte follow1 tonga a few minutes Ii yet started, but a cro~ ing the arrival of Mah among the people api there was a stirring in to form a passage fOI corning up slowly with of two girls who were his hands to join then took a quick step forv dhiji's right and, stand in quick succession Gandhi collapsed and Godse made no at and the people nearest to belabour him. A cued him and led hirr In the panic that foIl, with the people rushi their way to the Old to Bombay. Events now moved Jain could no longer 1; guided and imaginativ of Pahwa's individual laid plan in which rr concerned. The field cover the entire coun· Arrests followed in c into custody on J ani 5 and Dr. Parchure ' Gwalior the same da' ary 6. and Apte and'

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Ie Birla Temple at noon ,t a pistol had been prolerything was ready for plan. Godse was in a I his motives for taking has a wife and child. I an orator and a writer; md impress the Governfaith in killing Gandhi. is a man or the world. on the Hindu Rashtra. ct of the newspaper and . Mahasabha: !d a visit to the cinema, 1 saying that he wanted that a little diversion .ess of the following day umed away and began rkare left him and spent yes at the first cinema )dse appeared calm and ~r could discern signs of ttling with a determinaresignation of a fatalist. athedand dressed while ?. All three had a light !ga to New Delhi. After d to a thick forest. not r, and Godse fired three ile Karkare standing on was satisfied with the the party returned to Ifternoon and continued To Karkare he said:

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'You will miss me the next time.' What he meant by 'next time' was not quite clear. At 4.30 p.m. he hired a tonga, and, waving a final good-bye, drove away. Karkare and Apte followed him to Birla House in another tonga a few minutes later. The prayer meeting had not yet started, but a crowd of about 200 persons was await· ing the arrival of Mahatma Gandhi. Godse was moving among the people apparently unconcerned. Suddenly, there was a stirring in the crowd, and everyone stood up to form a passage for Mahatma Gandhi, who was· seen coming up slowly with his hands resting on the shoulders of two girls who were walking by his side. As he raised his hands to join them in the customary greeting, Godse took a quick step forward, pushed aside the girl on Gandhiji's right and, standing in front of him, fired three shots in quick succession at point-blank range. Mahatma Gandhi collapsed and fell down, saying 'Hai Ram'. Godse made no attempt to escape. He was caught, and the people nearest to him fell upon him in an attempt to belabour him. A police officer who was present rescued him and led him away from the fury of the crowd. In the panic that followed, Apte and Karkare came· out with the people rushing from Birla House. They made their way to the Old Delhi railway station and returned to Bombay. Events now moved rapidly. Pahwa's revelation to Dr. Jain could no longer be regarded as the silly talk of a misguided and imaginative youth. It became proof not only of Pahwa's individual design but of a wider and deeply laid plan in which more than one or two persons were concerned. The field of investigation was widened to cover the entire country, and the tempo was accelerated. Arrests followed in quick succession. Badge was taken into custody on January 31, Gopal Godse on February 5 and Dr. Parchure was apprehended from his house in Gwalior the same day. Shankar was arrested on February 6, and Apte and Karkare on February 14. Prolong~

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ed interrogation of the prisoners took place, and long statements were made by each one of them. Hundreds of persons were examined, and at last the complete picture of the conspiracy and the manner of its execution were pieced together. At the trial the defence of the conspirators was a simple one. Godse admitted firing his pistol at Mahatma Gandhi and fatally wounding him; but he maintained that it was his individual act, and nobody else had any concern with or knowledge of what he had planned to do. He could not but admit that he and Apte travelled to Delhi by air on January 17, and again on January 27, each time under assumed names. He further admitted that he and Apte had stayed at the Marina Hotel in New Delhi from January 17 to January 20, and registered their arrival by giving false names. He admitted the brief visit to Dr. Parchure at Gwalior and the fact that he gave a fictitious name to the attendant at the Delhi railway station while booking a retiring-room for himself. Apte similarly admitted the manner in which he had travelled to Delhi with Godse on both occasions and stayed at the Marina Hotel during their first visit. He also admitted going to Gwalior and seeing Dr. Parchure, but lie denied that he had gone back to Delhi with Godse. He said that he had parted company with Godse and returned to Bombay directly from Gwalior. Karkare admitted coming to Delhi in the company of Pahwa on January 17, and staying at Sharif Hotel under the assumed name of B. N. Bias. He denied having paid a second visit to Delhi and being present there on the day of Mahatma Gandhi's murder. He professed complete ignorance of the alleged ccmspiracy. Shankar, when he was examined by the trial judge. after the conclusion of the evidence for the prosecution, made a statement supporting in a large measure the deposition of his employer, Badge, and pleaded that he had .merely carried out his master's orders. But after argu-

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ments on his behalf I his counsel, he retract written petition explai the police to admit thr police influence coull upon him, once the and his subsequent re of persuasion by his c 90 pal Godse totany spIracy and even repel to Delhi on January 20th. Pahwa's defence wa press his resentment a ing meted out to refui pains he asserted, to e safe distance from ev( caused by his act. Dr. Parchure said t him and asked him tc stage a peaceful demOl ly refused to fall in , he had helped them tc The defence plea thl There was no conspir The explosion of Jam atma Gandhi were th( Pahwa and Nathuram was, however, led by plea, and they conten veracity of the prosecu prosecution case must case needs no rebuttal. As already observed, and convicted the rem the charge of conspiracy all of them.

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ok place, and long statef them. Hundreds of st the complete picture r of its execution were mspirators was a simple :tol at Mahatma Gandhi maintained that it was ;e had any concern with .nned to do. He could ravelled to Delhi by air ary 27, each time under litted that he and Apte I New Delhi from Janu:d their arrival by giving .ef visit to Dr. Parchure ave a fictitious name to y station while booking anncr in which he had loth occasions and stayleir first visit. He also xing Dr. Parchure, but C to Delhi with Godse. any with Godse and' reGwalior. leJhi in the company of gat Sharif Hotel under ::He denied having paid present there on the. day He professed complete cy. led by the trial judge, rlce for the prosecution, 't large measure the detnd pleaded that he had Irders. But after argu-

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ments on his' behalf had been addressed to the court by his counsel, he retracted his previous statement, and in a written petition explained that he had been compelled by the police to admit the allegations of the prosecution. No police influence could, of course, have been exercised upon him, once the case was placed before the court, and his subsequent resilement must have been the result of persuasion by his co-accused. Gopal Godse totally denied his participation in the conspiracy and even repelled the allegation that he had gone to Delhi on January 18 and been present there on the 20th. Pahwa's defence was that he had gone to Delhi to express his resentment against the treatment which was being meted out to refugees like himself. He had been at pains he asserted, to explode the slab of gun-cotton at a safe distance from everyone, so that no harm should be caused by his act. Dr. Parchure said that Godse and Apte had come to him and asked him to send some volunteers in order to stage a peaceful demonstration at Delhi; but he had flatly refused to fall· in with their wishes. He denied that he had helped them to procure a pistol. The defence plea thus amounted to no more than this: There was no conspiracy to murder Mahatma Gandhi. The explosion of January 20 and the shooting of Mahatma Gandhi were the individual and unrelated acts of Pahwa and Nathuram Godse respectively. No evidence was, however, .led by the prisoners in support of their plea, and they contented themselves by challenging the veracity of the prosecution story on the principle that the prosecution case must fall or stand by itself, and a bad case needs no rebuttal. As already observed, the trial judge acquitted Savarkar and convicted the remaining seven persons, holding that the charge of conspiracy to murder had been proved against all of them.

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Since association is the most important ingredient of conspiracy, the attempt of learned counsel for th~ appellants before us was to break down the links which connected the conspirators. They sought to show that no one except Pahwa was responsible for the outrage of January 20, and Nathuram Godse alone was guilty.of the murder of Mahatma Gandhi, while the others did not even know of his ·intention. The evidence of the witnesses who had seen the various appellants together at different times was vehemently attacked, the unsatisfactory !eatures in their evidence were stressed upon and each mmor discrepancy was played out to the full. I~ i~ not. difficult to pick out inconsistencies and contmdlctlOns m the statement of the most truthful witness after he has been subjected to a lengthy and tiring cross-examination by a clever lawyer. We gave the fullest benefi.t o~ every re~­ sonable doubt to the accused persons, re]ectmg the. ~Vi­ dence of any witness whose statement arous~ SUSPiCIO? or whose story did not sound natural. For mstance. It was alleged by the prosecution that on J~nuary 20. before going to Birla House, Apte .had lent his .coat to Pahwa and retained the trousers which matched it. . Pahwa was wearing this coat when he was arrested after the explosion., and the trousers were recovered from Apte's trunk on April 16. 1948. Apte had been arrested on ~ebruary.14; and, taking the view that Apte's house and hIS belon!P;llgs must have been subjected to a thorough search at the time of his arrest, we declined to rely upon the bel~ted recovery of the trousers as a piece of eviQence provmg the close association of Apte and Pahwa immediately before the explosion of January 20. Similarly, we did not accept the story that Karkare and Godse had b
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ed with the object oj that Nathuram Godse common object of tl seven persons had gm ary and some of then under assumed name~ admitted their presell( explosion; the fact th taken by Badge to I and the manner of tll the conspirators left v; gone to Delhi with a c taneous presence. in 1 There was ample evid sian of January 20. ' sent by Karkare who on January 25. The tl IMMEDIATELY', an name 'B. M. Bias'. 1 Apte to Bombay. We gave Dr. Parchu and, accepting their aI tion and sentence of confirmed. The highlight of the delivered by Nathuran for several hours discu of the case and then th to take Mahatma Gal same line in the long v in the trial court, and this statyment will gh and attitudes: Born in a devotio: came to revere Hindt culture. I had been a whole. Neverthel;

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important ingredient of i counsel for the appelqu' the links which conought to show that no for the outrage of Janu.e was guilty of the murthe others did not even 'idence of the witnesses mts together at different the unsatisfactory fea.ed upon and each minor he full. It is not diffind contradictions in the itness after he has been . cross-examination by a est benefit of every rea~rsons, rejecting the eviement aroused suspicion .atural. For instance. it .at on January 20, before lent his coat to Pahwa Imatched it. Pahwa was ',ested after the explosion, ~ from Apte's trunk on 'arrested on February 14; house and his belongings rJrough search at the time jpon the bel~ted recovery ~iQence provmg the close : immediately before the [~rly, we did not accept xlse had both spent the 10m at Delhi. The stated and tonga drivers. hotel : were, out of abundant I. There was, however. onspiracy had been form-

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ed with the object of murdering Mahatma Gandhi, and that Nathuram Godse had acted in the furtherance of the common object of this conspiracy. The fact that all seven persons had gone to Delhi before the 20th of January and some of them had travelled and stayed in hotels under assumed names; the fact that all but one of them admitted their presence at Birla House at the time of the explosion; the fact that a number of hand-grenades were taken by Badge to Bombay and were carried to Delhi, and the manner of the hasty dispersal from Delhi of all the conspirators left very little doubt that all of them had gone to Delhi with a common object, and that their simultaneous presence in Delhi was not a mere coincidence. There was ample evidence of association after the explosion of January 20. There was, for instance, a telegram sent by Karkare who was in Bombay, to Apte in Poona, on January 25. The telegram simply said: 'BOTH COME IMMEDIATELY', and this telegram was signed with the name 'B. M. Bias'. The telegram summoned Godse and Apte to Bombay. We gave Dr. Parchure and Shankar the benefit of doubt and, accepting their appeal, acquitted them. The conviction and sentence of the remaining five appellants were confirmed. The highlight of the appeal before us was the discourse delivered by Nathuram Godse in his defence. He spoke for several hours discussing, in the first instance, the facts of the case and then the motives which had prompted him to take Mahatma Gandhi's life. He had pursued the same line in the long written statement which he had filed in the trial court, and the following passages taken from this statement will give some indication of his opinions and attitudes: Born in a devotional Brahmin family, I instinctively came to revere Hindu religion, Hindu history and Hindu culture. I had been intensely proud of Hindudom as a whole. Nevertheless, as I grew up, I developed a

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tendency to free thinking unfettered by ~n!, superstitio~s allegiance to any 'ism', political or. rel~giouS. That is why I worked actively for the eradicah0l?- of untouchability and the caste system based on birth a~one: . I publicly joined anti-caste movemen!s and mamtamed that all Hindus should be treated with equal status as· to rights, social and religious, and should be hig.h or low on their merit alone and not through the aCCident of birth in a particular caste or professio~. I u~ed p,;,bJicly to take part in organised anti-caste dmners m which thousands of Hindus Brahmins, Kshatriyas, Vaishyas, Chamars and Bhangis broke the caste rules and dined . in the company of each other. I have read the works of Dadabhai Naoroji, Vivekanand, Gokhale, Tilak along with the books of an~ient and modern history of India and of some pramm~nt countries in the world like England, France, Amenca and Russia. Not only that, I studied tolera~ly well the current tenets of Socialism and Commullism too. But above all I studied very closely whatever Veer Savarkar and Gandhiji had written and spoken, as to my mind, these two ideologies had contribut~ more. to mould the thought and action of modern India dunng the last fifty years or so, than any other single factor had done. . All this reading and thinking brought me to b~lieve that, above all, it was my first duty to serve the Hmdudom and the Hindu people, as a patriot and even as a humanitarian. For, is it not true that to secure the freedom and to safeguard the just interests of some thirty crares of Hindus constituted the free~om an.d ~he well-being of one-fifth of human race? ThiS conViction led me naturally to devote myself to the .new Hindu Sanghatanist ideology and programme, which .alone: I came to believe, could win and preserve the national rodependence of Hindustan, my Motherland, and enable her to render true service to humanity as well.

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In 1946 or thereabot rated on the Hindus u of Suhrawardy in Noak shame and indignation that Gandhiji had COl Suhrawardy and begull -a Martyr Soul (1) ev only that, but after C( to hold his prayer meet Colony and persisted Koran as a part of tl in spite of the protest Of course .he dared no teeth of Muslim oppm Muslim, reaction there so. But he could saf the tolerant Hindu. 1 to prove to Gandhiji ' tolerant when his hOIl

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Just after that follo\ lim fanacticism in the The Congress Govern cute and shoot the I resist the Muslim fow other places. Our w true; and yet how pai to find that the 15th with illuminations and Punjab was set by tl blood ran in rivers. ' persuasion decided t( Congressite Governme gramme to check MUi

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Five crores of Indi~ countrymen; virtually

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THE CRIME OF NATHURAM GODSE

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Ired by any superstitious : J or religious. That is eradication of untouchised on birth alone. I ements and maintained :ed with equal status as , and should be high or •.ot through the accident profession. I used publti-caste dinners in which s, Kshatriyas, Vaishyas, Ie caste rules and dined :labhai Naoroji, Vivekath the books of ancient md of some prominent gland, France, America : studied tolerably well 1 and Communism too. closely whatever Veer ~itten and spoken, as to lad contributed more to ,of modem India during .any other single factor

~ brought me to believe :luty to serve the Hindu1 a patriot and even as ;"true that to secure the ijust interests of some 'ted the freedom and' the 1 race? This conviction yself to the new Hindu gramme, which alone, I 'preserve the national in· Motherland, and enable llmanity as well.

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In 1946 or t~ereabouts the Muslim atrocities perpetrated on the H.llldus ~Illd~r the Government patronage of Suhrawardy m NoaKhah, made our blood boil. Our shame and indignation knew no bounds, when we saw that Gandhiji had come forward to shield that very Suhrawardy and begun to style him as 'Shahid Saheb' -a ~artyr Soul (I) even in his prayer meetings. Not only tna~, but after coming to Delhi, Gandhiji began to hold Ius prayer meetings in ,a Hindu temple in Bhangi Colony and persisted in reading passages from the !-
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Just after that followed the terrible outburst of Muslim fanacticism in the Punjab and other parts of India. The Congress Government began to persecute prosecute and shoot the Hindus themselves who dared to resist the Muslim forces in Bihar, Calcutta, Punjab and othe~ places. Our ,,:,orst fears .seemed to be coming true, and yet how pamful and dIsgraceful it was for us t~ fil!-d th~t t.he 15th of August 1947 was celebrated WIth. Illummauons and festivities, while the whole of the Punjab was set by the Muslims in flames and Hindu blood r~n in ri~ers. The Hindu Mahasabhaites of my persuaSIOn deCIded to boycott the festivities and the Congressite Government, and to launch a fighting programme to check Muslim onslaughts. of;

Five crores of Indian Muslims have ceased to be our countrymen; virtually the non-Muslim minority in Wes-

270

THE MURDER OF THE MAHATMA

tern Pakistan has been liquidated either by the most brutal murders or by a forced tragic removal from their moorings of centuries; the same process is furiously :'1t work in Eastern Pakistan. One hundred and ten mIllion people have been tom from their homes of which not less than four million are Muslims, and when I found that even after such terrible results Gandhiji continued to pursue the same policy of appeasement, my blood boiled and I could not tolerate him any longer. I do not mean to use hard words against Gandhiji personally, nor do I wish to conceal my utter dissent from and disapproval of the very foundation of his policy and methods. Gandhiji in fact succeeded in doing what the British always wanted to do in pursuance of their policy of 'Divide and Rule'. He helped them in dividing India and it is not yet certain whether their rule has ceased.

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The accumulating provocation of 32 years, culminating in his last pro-Muslim fast, at last, goaded me to the conclusion that the existence of Gandhiji should be brought to an end immediately. On coming back to India he deve~oped a subjective mentality under which he alone was to be the final judge of what was right or wrong. If the country wanted his leadership it had to accept his infallibility; if it did not, he would stand aloof from the Congress and carry on in his own way. Against such an attitude there can be no halfway house; either the Congress had to surrender its will to his, and had to be content with playing the second fiddle to all his eccentricity, whimsicality, metaphysics and primitive vision, or it had to carryon without him. He alone was the judge of everyone and everything; he was the master brain guiding the civil disobedience movement; nobody else knew the technique of that movement; he alone knew when to begin it and when to withdraw it. The movement may succeed

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or fail; it may bring 1 verses, but that could atma's infallibility. 'P his formula for declar body except he himse Thus Gandhiji became own case. These cJ coupled with a most work and lofty charact irresistible. Many ~ rational, but they had gress or to place their he liked with it. In: ponsibility Gandhiji \ der, failure after {ailu one single political vi, during 33 years of hi

...

So long as Gandhia frustration was the ( throughout, opposed , cal and vigorous ind boosted his Charka Charkahad, after 34 dhiji, only led to tt textile industry by ov, now to clothe even 0 gards non-violence, i of people to regulate and it broke down I regards truth the lea~ of the average Congr· order than that of tlJ often it is untruth, iJ of pretended truthful

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THE CRIME OF NATHURAM GODSE

lated either by the most tragic removal from their ne process is furiously at ne hundred and ten milJm their homes of which 'e Muslims, and when I ible results Gandhiji con!icy· of appeasement, my tolerat~ him any longer. rds agamst Gandhiji per!al my utter dissent from •foundation .of h~s policy .. succeeded m domg what •do in pursuance of their ·'Ie helped them in divid:rtain whether their rule

*

'n of 32 years, culminatt, at last, goaded me to ince of Gandhiji should !~telJ:' On coming back ''lectIv~ mentality under final Judge of what was y .w~nte.d his leadership ; If It dId not, he would ~nd carry on in his own ! there can be no halfs~ had to surrender its I?-tent 'Yith playing . the :.Ity, whImsicality, metaIt had to carryon withjudge of everyone and brain guiding the civil ,else knew the technique :new when to begin it movement may succeed r

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or fail; it may bring untold disasters and political reverses. but that could make no difference to the Mahatma's infallibility. 'A Satyagrahi can never fail' was his formula for declaring his own infallibility and nobody except he himself knew who a Satyagrahi was. Thus Gandhiji became the judge and the counsel in his own case. These childish inanities and obstinacies coupled with a most severe austerity of life, ceaseless work and lofty character made Gandhiji formidable and irresistible. Many people thought his politics were irrational, but they had either to withdraw from the Congress or to place their intelligence at his feet to do what he liked with it. In a position of such absolute irresponsibility Gandhiji was guilty of blunder after blunder, failure after failure and disaster after disaster. No one single political victory can be claimed to his credit during 33 years of his political predominance.

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So long as Gandhian method was in the ascendance. He had, frustration was the only inevitable result. throughout. opposed every spirited revolutionary, radio cal and vigorous individual or group. and constantly boosted his Charka. non-violence and truth. The Charkahad. after 34 years of the best efforts. of Gandhiji, only led to the expansion of the machine-run textile industry by over 200 per cent. It is unable even now to clothe even one per cent of the nation. As reo gards non-violence, it was absurd to expect 40 crores of people to regulate their lives on such a lofty prane and it broke down most conspicuously in 1942. As regards truth the least I can say is that the truthfulness of the average Congressman is by no means of a higher order than that of the man in the street, and that very often it is untruth, in reality. masked by a thin veneer of. pretended truthfulness.

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the matter bui I did ne soever. I took coural fire the shots at Gan( the prayer-grounds .in There now remallls If devotion to one's c( I have committed that bly claim th.eo merit believe that If there t yond the one founded be taken as unjust. place to reach or to I I have resorted to the fit of the humanity. at the person whose rack (Sic) and ruin at

Gandhiji's inner voice, his spiritual power and his doctrine of non-violence, ot wIiich so much is made of, all crumbled before Mr. Jinnah's iron will and proved to be powerless. Having known that with his spiritual powers he could not influence Mr. Jinnah, Gandhiji should have either changed his policy or could have admitted his defeat and given way to others of different political views to deal with Mr. Jinnah and the Muslim League. But Gandhiji was not honest enough to do that. He could not forget his egoism or self even for national interest. There was, thus, no scope left for the practical politics while the great blunders-blunders as big as the Himalayas-were being committed.

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Those who personally know me take me as a person of quiet temperament. But when the top-rank leaders of the Congress with the consent of Gandhiji divided and tore the country-which we consider as a deity of worship-my mind became full with the thoughts of direful anger.

* * * Briefly speaking, I thought to myself and foresaw that I shall be totally ruined and the only thing that I could expect from the people would be nothing but hatred and that I shall have lost all my honour, even more valuable than my life, if I were to kill Gandhiji. But at the same time I felt that the Indian politics in the absence of Gandhiji would surely be practical, able to retaliate, and would be powerful with armed forces. No doubt, my own future would be totally ruined but the nation would be saved from the inroads of Pakistan. People may even call me and dub me as devoid of any sense or foolish, but the nation would be free to follow the course founded on reason which I consider to be necessary for sound nation-building. After having fully considered the qu~stion. I took the final decision in

*

Ma.y the country ! again united and be ( to discard the defeatl mit to the aggressors. to the Almighty.

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My confidence ab has not been shake against it on. all si~e: of history wIll weIgl thereof on some da) Godse had, while ta ed a measure of com] public speaking. He. the trial and at the he: reiterated the argumen judge and supplemente, he had not thought of. was the nature of a. r~ laid down in the Hille

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~piritual power and his . ll~h .so much is made of,

I

h s Iron will and proved

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,pi~!~ual powers he could

dhlJI should have either 'ave admitted his defeat !ferent political views to ~ Muslim League. But h to do that. He couId ren for national interest. for the practical politics lers as big as the Hima-

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ne take me as a person .en the top-rank leaders ~nt of Gandhiji divided ~ c0!lsider as a deity of I With the thoughts of

273

the matter but I did not speak about it to anyone whatsoever. I took courage in both my hands and I did fire the shots at Gandhiji, on 30th January 1948, on the prayer-grounds in Birla House. There now remains hardly anything for me to say. If devotion to one's country amounts to a sin, I admit I have committed that sin. If it is meritorious, I humbly claim the merit thereof. I fully and confidently believe that if there be any other Court of justice beyond the one founded by the mortals, my act will not be taken as unjust. If after death there be no such place to reach or to go to, there is nothing to be' said. I have resorted to the action I did purely f')r the benefit of the humanity. I do say that my shots were fired at the person whose policy and action had brought rack (Sic) and ruin and destruction to lacs of Hindus.

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Ma.y the country properly known as Hindustan be again united and be one, and may the people be taught to discard the defeatist mentality leading them to submit to the aggressors. This is my last wish and prayer to the Almighty.

*

myself and foresaw that :only .thing that I could ,n0thmg but hatred and :~n?ur, even more valu: ~1l1 Gandhiji. But at ~~an politics in the abr ~e practical, able;to WIth armed forces. No . t<;>tally ruined but the e mroads of Pakistan. ,b me as devoid of any vo?ld be free to follow rhlch I consider to be ng. After having fulk the final decision in

THE CRIME OF NATHURAM GODSE

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My confidence about the moral side of my action has not been shaken even by the criticism levelled against it on all sides. I have no doubt ·honest writers of history will weigh my act and find the true value thereof on some day in future. Godse had, while talking to Apte and Karkare, claimed a measure of competence'in the arts of writing and public speaking. He made full use of his talents during the trial and at the hearing of the appeal. Before us, he reiterated the arguments he had advanced before the trial judge and supplemented them with some fresh points which he had not thought of before. His main theme, however, was the nature of a righteous man's duty, his dharma as laid down in the Hindu scriptures. He made moving re-

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THE MURDER OF THE MAHATMA

THE CRIME (

ferences to historical events and delivered an impassioned appeal to Hindus to hold and preserve their motherland and fight for it with their very lives. He ended his peroration on a high note of emotion, reciting verses from ~~

,

The audience was visibly and audibly moved. There was a deep silence when he ceased speaking. Many women were in tears and men were coughing and searching for their handkerchiefs. The silence was accentuated and made deeper by the sound of a occasional subdued sniff or a muffled cough. It seemed to me that I was taking part in some kind of melodrama or in a scene out of a Hollywood feature film. Once or twice I had interrupted Godse and pointed Qut the irrelevance of what he was saying, but my colleagues seemed inclined to hear him and the audience most certainly thought that Godse's performance was the only worth-while part of the lengthy proceedings. A writer's curiosity in watching the interplay of impact and response made me abstain from being too conscientious in the matter. Also I said to myself: 'The, man is going to die soon. He is past doing any harm. He should be al-lowed to' let off steam for the la&t time.' . I have, however, no doubt that had the audience of that day been constituted into a jury and entrusted with the task of deciding Godse's appeal, they would have: brought in a verdict of 'not guilty' by an overwhelming majority. The final chapter of this sad story takes us to the Central Gaol, Ambala, where Nathuram Godse and Apte were executed ori the morning of November 15, 1949. After the conclusion of the trial they had been sent there to await the decision of the appeal preferred by them. Apte began to write a treatise on some' aspects of Indian philosophy which he completed a day or two before his execution. Godse contented himself with reading a number of books. The two condemned prisoners were led out of their cells with their hands pinioned behind them. Godse

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walked in front. His' SI meanour and general ap vousness and fear. He up a bold exterior by slogan 'Akhand Bharat' had a slight croak in it, argued his case at the t to have been all but e taken up by Apte, whEor ever). His loud all! trast to. Godse's, at tin Superintendent of the g Ambala who had come High Court's order obs( completely self-possess< sign of nervousness. H shoulders thrown back than Godse by several over him. There was, of defiance and j ustific an inner sense of fuifilii ful end to the proceedi! sound and fury. It Wf during his last days i declared that were he t( spend the rest .. of his 1, the service of his count! tained an unrelenting fused to admit his gui in the cringing tones I of Bhagwadgita and hi tise on philosophy m, protest or prayer, or it ment, but he walked t and confidence of a m: and no less than the doing his duty.

.E MAHATMA

THE CRIME OF NATHURAM GODSE

I ielivered an impassioned 'reserve their motherland ives. He ended his per,on, reciting verses from audibly moved. There· :d speaking. Many wocoughing and searching 1100 was accentuated and Dccasional subdued sniff ·:0 me that I was taking or in a scene out of a twice I had. interrupted "mce of what he was sayined to hear him and the lat Godse's performance the lengthy proceedings. ~ interplay of impact and ~ing too conscientious in :If: 'The man is going to [tarm. He should be alit time.' 'bad the audience of that !'and entrusted with· the b.ey would have: brought 'overwhelming majority. takes us to the Central 'Godse and Apte were b'mber 15, 1949. After !lad been sent there.'to eferred by them. Apte aspects of Indian philoor two before his exewith reading a number

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were led out of their 'behind them. Godse

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walked in front. His· step occasionally faltered. His demeanour and general appearance evidence? a ~tate of ner·· vousness and fear. He tried to fight agamst It and keep up a bold exterior by shouting ever~ few seco';lds ~he slogan 'Akhand Bharat' (undivide? lndla~. Bu~ hiS VOlce had a slight croak in it. and the vigour Y:"th which he had argued his case at the trial and in the High Court seemed to have been all but expanded. The desperate cry was taken up by Apte. who shouted 'Amar rake' (may stay for ever). His loud and firm tone made an uncanny contrast to Godse's, at times. almost feeble utterance. The Superintendent of the gaol and the District Magistrate of Ambala who had come to certify the due execution of the High Court's order observed that. unlike Godse. Ap~e was completely self-possessed and displayed not the sl~ghte~t sign of nervousness. He walked with a firm step With hiS shoulders thrown back and his head held high. Taller than Godse by several inches. he appeared to dominate over· him. There was. on his face. a look not so much of defiance and justification of what he had done. ~s of an inner sense of fulfilment. of looking forward to a nght· ful end to the proceedings which had occasioned so much sound and fury. It was .said ,aftt;rwards that. Godse had, . during his last days in ga61,,: fepented of· hiS deed and declared that were he to be given another chance he would spend the rest-of his life in the promotion of peace a~d the service of his country. Apte. on the other hand. maintained an unrelenting attitude. Till the ver~ e~d he refused to admit his guilt. nor did he plead hiS mnocence in the cringing tones of a beaten .adver~ary .. :rhe study of Bhagwadgita and his own expenment. III wntmg.a. treatise on philosophy may have taught him the. futility of protest or prayer. or it may be his naturally stOIC temperament. but he walked to his doom with the self-assuran~e and confidence of a man who is about to receive no more and no less than the expected and deserved reward for doing his duty. .

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A single gallows had been prepared for the execution of both. Two ropes, each with a noose, hung from the high crossbar in parallel lines. Godse and Apte were made to stand side by side, the black cloth bags were drawn over their heads and tied at the necks. Mtcr adjusting the nooses, the executioner stepped off the platform and pulled the lever. . . . Apte died almost at once and hIS still body swung III a slow oscillating movement, but Godse, though u;'lconscious and unfeeling, continued to wriggle and dIsplay signs of life in the shivering of his legs and the convulsing of his body for quite fifteen minutes. The dead bodies were cremated inside the gaol, the ground where the pyres had been erected was plooghed up and the earth and ashes taken to the Ghaggar Dver a..l1d secretly submerged at a secluded spot.

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