(2) at Delhi, abetted each other in the commission of the above offence and thereby committed an offence punishable under Section 19(f) of the Indian Arms Act read with Section 114 of the Indian Penal Code and within the cognizance of the court.
'The two revolvers said to have been transported to Delhi and tried out in the jungle behind the Hindu Mahasabha Bhawan have been recovered and have not been produced before the court. It could not in the circumstances, be held as to what was real nature of the "article" so transported to Delhi and so tried out in the jungle behind Hindu Mahasabha Bhavan. It would accordingly be unsafe to hold the charge established as against Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Madanlal K. Pahwa, Shankar Kistayya and Gopal V Godse.'
Charge III:
'That in pursuance of the said agreement and conspiracy between January 10, 1948, and January 20, 1948 at Delhi, you Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Madanlal K Pahwa, Shankar Kistayya and Gopal V. Godse along with Digambar R. Badge A (1) had in your possesssion and under your control explosive substances viz., 2 gun-cotton-slabs and 5 hand-grenades with detonators and wicks; with intent to endanger life by means thereof or to enable any other person to endanger life by means thereof and thereby committed an offence punishable under Section 4 (b) of the Explosive Substances Act read with Section 6 of the Act and within the cognizance of the court;
B (1) had in your possesssion and under your control explosive substances, viz., 2 gun-cotton-slabs and 5 hand-grenades with detonators and wicks, under such circumstances as to give rise to a reasonable suspicion that you did not have them in your possesssion or under your control for a lawful object and thereby committed an offence punishable under Section 5 of the Explosive Substances Act and within the cognizance of the Court;
(2) abetted each other in the commission of the above offence and thereby committed an offence punishable under Section 5 of the Explosive Substances Act read with Section 6 of the Act and within the cognizance of the Court.
One gun cotton slab and four hand-grenades out of the two gun cotton slabs and the five hand-grenades said to have been in possession of the accused at Delhi have been recovered, and the evidence in regard thereto led before the Court. Out of the explosives recovered one hand-grenade had been recovered from the possesssion of Madanlal K. Pahwa and one gun-cotton-slab and three hand-grenades had been recovered at the instance of Shankar Kistayya from behind the Hindu Mahasabha Bhawan.
'The findings arrived at above are that the accused were in possesssion of two gun-cotton-slabs and five hand-grenades at Delhi on 20-1-1948. One of the gun-cotton-slabs was exploded at the Birla House by Madanlal K. Pahwa. The subject matter of the charge in regard thereto is Charge IV. It has already been mentioned above that my general impression is that it was really intended to make Digambar R. Badge enter the room of Choturam and throw the hand grenade in his possesssion through an opening in the trellis-work of the window therein at Mahatma Gandhi. Digambar R. Badge, however, could not be persuaded to enter the room. The offence of Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Madanlal K. Pahwa, Shankar Kistayya and Gopal V Godse in regard to that hand-grenade, in the circumstances, clearly falls within the purview of Section 4(b) of the Explosive Substances Act read with Section 6 of the Act and in regards to remaining explosives clearly falls within the purview of Section 5 of the explosive Substances Act in the alternative u/s 5 of the Explosive Substances Act read with section 6 of the Act.'
CHARGE ESTABLISHED
Nathuram V. Godse, Narain D. Apte, Vishnu R. Karkare, Madanlal K Pahwa, Shankar Kistayya, and Gopal V. Godse thus are clearly 'guilty' u/s 4(b) of the Explosive Substances Act read with Section 6 of the Act and u/s 5 of Explosive Substances Act in the alternative u/s 5 of the Explosive Substances Act read with Section 6 of the Act.
Charge IV:
'That in pursuance of the said agreement and conspiracy on January 20, 1948, at the Birla House, Delhi, you A(l) Madanlal K. Pahwa, unlawfully and maliciously caused an explosive substance, viz., a gun cotton slab, to explode, which explosion was of a nature likely to endanger life and to cause serious injury to property and thereby committed an offence, punishable under Section 6 of the Act and within the cognizance of the Court.'
(2) Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Shankar Kistayya and Gopal V. Godse along with Digambar R. Badge, abetted Madanlal K. Pahwa in the commission of the above offence, and thereby committed an offence, punishable under Section 3 of the Explosive Substances Act read with Section 6 of the Act and within the cognizance of the Court.'
The findings arrived at above are that Madanlal K. Pahwa exploded a gun-cotton-slab over the back compound wall of the Birla House on 20-1-1948. His act in doing so was certainly unlawful and malicious. The explosion was also of a nature likely to endanger life. In the circumstances the offence of Madanlal K. Pahwa clearly falls within the purview of Section 3 of the Explosive Substances Act and the offence of Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Shankar Kistayya and Gopal V. Godse u/s 3 of the Explosive Substances Act read with Section 6 of the Act.
Thus Madanlal K. Pahwa is clearly 'guilty' u/s 3 of the Explosive Substances Act and Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Shankar Kistayya and Gopal V. Godse are clearly 'guilty' u/s 3 of the Explosive Substances Act read with section 6 of the Act.
Charge V:
'That the said agreement and conspiracy on January 20, 1948, at the Birla House, Delhi, you Nathuram V. Godse, Narayan D. Apte, Vishnu R Karkare, Madanlal K Pahwa, Shankar Kistayya, Gopal V. Godse and Vinayak D. Savarkar along with Digambar R. Badge abetted each other in commission of an offence, viz., to commit the murder of "Mahatma Gandhi" which offence is punishable with death or transportation for life and which offence was not committed in consequence of the abetment and thereby committed an offence punishable under Section 115 of the Indian Penal Code read with Section 302 of the Indian Penal Code and within the cognizance of the Court.'
FIRST ATTEMPT FAILS
'The findings arrived at above are that though an effort was made to commit the murder of Mahatma Gandhi at the Birla House on 20-1-1948 but it ultimately failed as Digambar R. Badge would not agree to enter the room of Choturam. The offence of Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Madanlal K. Pahwa, Shankar Kistayya and Gopal V. Godse, in the circumstances, clearly falls within the purview of Section 115 of the Indian Penal Code read with Section 302 of the Code.
'Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Madanlal K. Pahwa, Shankar Kistayya and Gopal V. Godse thus clearly "guilty" u/s 115 of the Indian Penal Code read with Section 302 of the Code.'
Charge VI:
'That in pursuance of the said agreement and conspiracy between January 28, 1948, and January 30, 1948, you A(l) Nathuram V. Godse and Narayan D. Apte brought without a licence from Gwalior to Delhi arms and ammunition. Viz., Automatic Pistol No 606824 with cartridges, in contravention of the provisions of Section 6 of the Indian Arms Act and thereby committed an offence punishable under Section 19(c) of the Indian Arms Act within the cognizance of the Court;
(2) Nathuram V. Godse, Narayan D. Apte and Dattatreya S. Parachure abetted each other in the commission of the above offence and thereby committed an offence punishable under Section 19(c) of the Indian Arms Act read with Section 114 of the Indian Penal Code and within the cognizance of the Court;
B(l) Nathuram V. Godse at Delhi had in your possesssion and under your control arms and ammunition, viz., Automatic Pistol No 606824 with cartridges, in contravention of Section 14 and 15 of the Indian Arms Act and thereby committed an offence punishable under Section 19(f) of the Indian Arms Act and within the cognizance of the Court;
(2) Narayan D. Apte & Vishnu R. Karkare at Delhi, abetted each other in the commission of the above offence and thereby committed an offence punishable under Section 19(f) of the Indian Arms Act read with Section 114 of Indian Penal Code and within the cognizance of the Court.
/> The findings arrived at above are that Nathuram V Godse and Narayan D. Apte brought without a licence from Gwalior to Delhi arms and ammunition, viz., Automatic Pistol No 606824 with cartridges during the period between 28-1-1948 and 29-1-1948. The offence of Nathuram V. Godse and Narayan D. Apte, in the circumstances, clearly falls within the purview of Section 19(c) of the Indian Arms Act or in the alternative under Section 114 of the Indian Penal Code read with Section 19(c) of the Indian Arms Act.'
SCOPE OF INDIAN ARMS ACT
Whatever Dattatreya S. Parachure is said to have done in the matter he did from Gwalior. The Indian Arms Act extends to the whole of India, and does not stand extended extra-territorially. Dattatreya S. Parachure, in the circumstances, cannot be held liable for abetting the commission of the offence punishable under Section 19(c) of the Indian Arms Act.
The findings arrived at further are that Nathuram V. Godse was in possesssion of automatic pistol No 606824 with cartridges on 30-1-1948 and that day Narayan D. Apte and Vishnu R. Karkare were along with Nathuram V. Godse at Delhi Main Rly. Station. In the circumstances of offence of Naturam V. Godse clearly falls within the purview of Section 19(f) of the Indian Arms Act and the offence of Narayan D. Apte and Vishnu R. Karkare clearly falls within the purview of Section 114 of the Indian Penal Code read with Section 19(f) of the Indian Arms Act.
Thus Nathuram V. Godse is clearly 'guilty' under Section 1(c) of the Indian Arms Act or in the alternative under Section 114 of the Indian Penal Code read with Section 19(c) of the Indian Arms Act and under Section 19(f) of the Indian Arms Act, Narayan D. Apte is clearly 'guilty' under Section 19(c) of the Indian Arms Act or in the alternative under Section 114 of the Indian Penal Code read with Section 19(c) of the Indian Arms Act and under Section 114 of the Indian Penal Code with Section 19(f) of the Indian Arms Act and Vishnu R. Karkare is clearly 'guilty' under Section 114 of the Indian Penal Code read with Section 19(f) of the Indian Arms Act.
Charge VII:
'That in pursuance of the said agreement and conspiracy on January 30, 1948, at Birla House, Delhi, you A (1) Nathuram V. Godse did commit murder by intentionally and knowingly causing the death of "Mahatma Gandhi" and thereby committed an offence punishable under Section 302 of the Indian Penal Code and within the cognizance of the court.
(2) Narayan D. Apte & Vishnu R. Karkare abetted Nathuram V Godse in the commission of the above offence, which offence was committed in your presence and thereby committed an offence punishable under Section 302 of the Indian Penal Code read with Section 114 of the Indian Penal Code and within the cognizance of the court;
(3) Madanlal K Pahwa, Shankar Kistayya, Gopal V. Godse, Vinayak D. Sarvarkar & Dattatreya S. Parachure along with Digambar R. Badge abetted Nathuram V. Godse in the commission of the above offence and thereby committed an offence punishable under Section 302 of the Indian Penal Code read with Section 109 of the Indian Penal Code and within the cognizance of the court.'
The findings arrived at above are that Nathuram V. Godse intentionally and knowingly caused the death of Mahatma Gandhi on 30-1-1948. The offence of Nathuram V. Godse, in the circumstances, clearly falls within the purview of Section 302 of the Indian Penal Code.
The presence of Narayan D. Apte and Vishnu R. Karkare at the time of the murder of Mahatma Gandhi at Birla House has not been established on behalf of the prosecution. The only evidence forthcoming on their behalf is to the effect that Narayan D. Apte and Vishnu R. Karkare were along with Nathuram V. Godse at the Delhi Main Ry. Station till about mid-day on 30-1-1948. The offence of Narayan D. Apte and Vishnu R. Karkare, in the circumstances, clearly falls within the purview of Section 109 of the Indian Penal Code read with Section 302 of the Code.
MADANLAL'S POSITION
'The position of Madanlal K. Pahwa and Shankar Kistayya, however, stands altogether on a different footing. Soon after the explosion incident Madanlal had been arrested by the police on 20-1-1948, and was thereafter throughout in custody. The very evidence produced on behalf of the prosecution goes to show that Digambar R. Badge after what had taken place at the Birla House on 20-1-1948 became disgusted, and came back along with Shankar Kistayya to the Hindu Mahasabha Bhawan. Digambar R. Badge asked Shankar Kistayya to throw away all the "stuff" that they had in the room. Nathuram V. Godse and Narayan D. Apte then came to the Hindu Mahasabha Bhawan and asked him what had happened. Digambar R. Badge abused them, and asked them to get out. There was thereafter no communication whatsoever in regards to the "conspiracy" between Digambar R. Badge and Shankar Kistayya on the one hand, and Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare and Gopal V. Godse, on the other.
On these facts it may safely be inferred that Digambar R. Badge and Shankar Kistayya had completely dissociated themselves from the "conspiracy" after what had taken place at the Birla House and that the conspiracy' for them had come to an end on 20-1-1948, Madanlal K. Pahwa and Shankar Kistayya, in the circumstances, cannot be held liable for abetting the commission of the offence punishable u/s 302 of the Indian Penal Code.
There is nothing on the record of the case to justify the inference that Gopal V. Godse had dissociated himself completely from the "conspiracy" after the explosion incident at Birla House on 20-1-1948. The evidence on the record of the case, on the other hand, goes to show that Gopal V Godse had visited Naturham V. Godse and Narayan D. Apte at Bombay on 24-1-1948 and that Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare and Gopal V. Godse had met together at the house of G.M. Joshi at Thana on 25-1-1948. Dattatreya S. Parachure joined the "conspiracy" on 27-1-1948 when he agreed to get a pistol procured for Nathuram V Godse and Narayan D. Apte. The offence of Gopal V. Godse and Dattatreya S. Parachure, in the circumstances, clearly falls within the purview of Section 109 of the Indian Penal Code read with Section 302 of the Code.
'It has already been held above that Dattatreya S. Parachure is a "British subject domiciled in India". Even if it be taken for granted just for argument's sake that he is a subject of the Gwalior State, then still he is triable at Delhi in view of the fact that the offence of murder was completed at Delhi 13 Cr. L.J. 426 and 29 Cr. L.J. 1089 are in support of this view.
'Thus Nathuram V. Godse is clearly "guilty" u/s 302 of the Indian Penal Code and Narayan D. Apte, Vishnu R. Karkare, Gopal V. Godse and Dattatreya S. Pachure are clearly "guilty" u/s 109 of the Indian Penal Code read with Section 302 of the Code.
'Nathuram V. Godse accordingly is "guilty" (1) u/s 120-B of the Indian Penal Code read with Section 302 of the Code. (2) under Section 19(c) of the Indian Arms Act or in the alternative under Section 114 of the Indian Arms Act, (3) under Section 19(f) of the Indian Arms Act, (4) under Section 5 of the Explosive Substances Act or in the alternative u/s 5 of the Explosive Substances Act read with Section 6 of the Act, (5) under Section 4(b) of the Explosive Substances Act read with Section 6 of the Act, (6) under Section 3 of the Explosive Substances Act read with Section 6 of the Act; (7) under Section 115 of the Indian Penal Code read with Section 302 of the Indian Penal Code and (8) u/s 302 of the Indian Penal Code.
'Narayan D. Apte accordingly is "guilty" (1) under Section 120-B of the India Penal Code read with Section 302 of the Code, (2) under Section 19(c) of the Indian Arms Act in the alternative under Section 114 of the Indian Penal Code read with Section 19(c) of the Indian Arms Act, (3) under Section 144 of the Indian Penal Code read with Section 19(f) of the India Arms Act, (4) under Section 5 of the Explosive Substances Act or in the alternative under Section 5 of the Explosive Substances Act read with Section 6 of the Act, (5) under Section 4(b) of the Explosive Substances Act read with Section 6 of the Act, (6) under Section 3 of the Explosive Substances Act read with Section 6 of the Act, (7) under Section 115 of the Indian Penal Code read with Section 302 of the Code and (8) under Section 109 of the Indian Penal Code read with Section 302 of the Code.
'Vishnu R. Karkare accordingly is "guilty" (1) under Section 120-B of the Indian Penal Code read with Section 302 of the Code, (2) u/ s 114 of the Indian Penal Cod
e read with Section 19 (f) of the Indian Arms Act, (3) u/s 5 of the Explosive Substances Act or in the alternative u/s 5 of the Explosive Substances Act read with Section 6 of the Act, (4) u/s 4(b) of the Explosive Substances Act read with Section 6 of the Act, (5) u/s 3 of the Explosive Substance Act read with Section 6 of the Act, (6) u/s 115 of the Indian Penal Code read with Section 302 of the Code and (7) u/s 109 of the Indian Penal Code read with Section 302 of the Code.
'Madanlal K. Pahwa accordingly is "guilty" (1) u/s 120-B of the Indian Penal Code read with Section 302 of the Code. (2) u/s 5 of the Explosive Substances Act or in the alternative u/s 5 of the Explosive Substances Act read with Section 6 of the Act, (2) u/s 4(b) of the Explosive Substances Act read with Section 6 of the Act, (4) u/s 3 of the Explosive Substances Act and (5) u/s 115 of the Indian Penal Code read with Section 302 of the Code.
'Shankar Kistayya accordingly is "guilty" (1) u/s 120-B of the Indian Penal Code read with Section 302 of the Code, (2) u/s 5 of the Explosive Substances Act or in the alternative u./s 3 of the Explosive Substances Act read with Section 6 of the Act, (3) u/s 4(b) of the Explosive Substances Act read with Section 6 of the Act, (4) u/s 3 of the Explosive Substances Act read with Section 6 of the Act and (5) u/s 115 of the Indian Penal Code read with Section 302 of the Code.
'Gopal V. Godse accordingly is "guilty" (1) u/s 120-B of the Indian Penal Code read with Section 302 of the Code, (2) u/s 5 of the Explosive Substances Act read with Section 6 of the Act, (3) u/s 4(b) of the Explosive Substances Act read with Section 6 of the Act, (4) u/s 3 or in the alternative u/s 5 of the explosive Substances Act read with Section 6 of the Act, (5) u/s 115 of the Indian Penal Code read with Section 302 of the Code and (6) u/s 109 of the Indian Penal Code read with Section 362 of the Code.
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