ABSTRACT OF FIRST INFORMATION REPORT (F.I.R.) DATED 14 DEC 1931
FIR NO. 353
YEARLY NO. 87
DATE 14-12-1931
POLICE STATION KOTWALI
DISTRICT TIPPERA
NATURE OF CRIME - MURDER
UNDER SECTION - 302/34/109/120B/307 I.P.C.
19 F OF INDIAN ARMS ACT
On 14the December 1931 at about 10 a.m. two girls called on Mr. Stevens, District Magistrate of Tippera, in his house at Comilla and sent in a card bearing the names Illa Sen and Mira Debi. Rai Sahab Nepal Chandra Sen, SDO, was with Mr Stevens when the card was brought in, and he and Mr. Stevens went to the verandah to see what they wanted. They said that they wanted to give an exhibition of swimming. Mr. Stevens took their petition to his office room, endorsed it to the headmistress of the Girl’s School, and made it over to one of the girls, since identified as Santi Ghosh. As he did so the other girl, Suniti Chaudhury, whipped out a revolver from under her cloths and fired into Mr. Stevens chest at a distance of three feet, and fired again as Mr. Steven reeled and turned into the room. Rai Sahib Nepal Chandra Sen seized Suniti Chaudhury’s hand which had the revolver in it and both fell to the ground. While this struggle was in progress Santi Ghosh pulled out a revolver and fired at the Rai Sahib without hitting him, however Rasmat Ali chaprasi grappled with Santi Ghosh who fired at him, hitting him in the left arm but with the help of Yasin chaprasi and Nona Mia guard constable, she and Suniti Chaudhury were overpowered and their revolvers taken from them. Mr. Stevens meanwhile had fallen dead in the pantry where he made his way after being shot.
Recovery – A five-chambered 8 m / m lebel revolver (Belgian manufacture with maker’s number filed away, marked “8m/m Leb” on right side of body and “17” on the ejector rod guide and trigger), loaded with three live cartridges together with three other ‘320 Live cartridges were recovered from Suniti Chaudhury while a British bulldog ‘450 bore “Webley and Scott” five-chambered revolver (No. 5990 on the right side of body and No. 72988 on the left side, imported for Manton & Co. London & Calcutta), loaded with five cartridges of which one was live, two misfired and two fired, together with four other ‘450 live cartridges, were seized from Santi Ghosh. The latter weapon was identified later as that stolen on 19th Feb 1930, from Mr. G.H.Thomas, Government Advocate, Lucknow
One ‘320 nickel-coated bullet was, on post mortem examination, extracted from the body of Mr. Stevens. Two bullets ‘450 bore and one ‘320 bore were found on the floor of the room after occurrence.
A crime has been made out under section 302/34/307/109 I.P.C. read with section 19 F of Indian Arms Act…
Confidential
From
Rai N.C.Bose Bahadur
Offg. District Magistrate Tippera
To
The Chief Secretary
Government of Bengal , Political Department
Dated Comilla the 29th December 1931
Sir,
I have the honour to state that a charge sheet under section 302/34/109/120B/307 I.P.C. has been received against (1) Suniti Chowdhury alias Mira Debi and (2) Shanti Ghosh alias Illa Sen in connection with the murder of late Mr. Stevens. A charge under section 19F of the Indian Arms Act has also been added—against both the accused. The Superintendent of Police recommends and I agree with him, that the accused persons should be tried under the provisions of the Bengal Emergency Powers Ordinance 1931. It is unnecessary to elaborate that the murder was committed in furtherance of and in connection with the terrorist movement. There is no other explanation of the crime. I recommend that -- under section 25 of the Ordinance the Local Government be pleased to direct that the above mentioned accused persons be tried by a Special Tribunal.
2. I have already informed the Commissioner that it is very desirable that the case be tried at a place other that Comilla and preferably in Calcutta
3. Though the accused persons were caught red handed and one of them has confessed to the crime it is very likely that the case will be contested. The Superintendent of Police recommends that Babu Pankoj Kumar Ganguly of the Alipur Bar be engaged to conduct the prosecution. I donot know the gentleman and I am not aware of his professional capacity I am not therefore in a position to offer any comment on the recommendation made. I suggest that a capable lawyer, who has had experience of handling cases of similar nature, be engaged on behalf of the Crown.
I have the honour to be
Sir
Your most obedient servant
District Magistrate (Offg.)
Abstract of Judgment Dated 27th January 1932 by
SPECIAL TRIBUNAL OF CALCUTTA
(Constituted under the Bengal Emergency Powers Ordinance , 1931)
IN THE MATTER
THE CROWN VERSUS SUNITI CHAUDHURY & SHANTI GHOSH
Present for Crown : Sh. Advocate Gen. Sir Nripendra Nath Sen with
Sh. Advocate C.J.Mcore & P.K.Ganguli
Present for Defence : Sh. B.C. Chatterji with Mr N.R.Das Gupta
Sh. A. Hok, B.K. Boonga, B.C. Nag
Sh. G. Ghantech, S.B. Das Gupta & Biren Sen
When discussing the sentence to be passed their lordship remarked :-
“The outrageous nature of the crime is patent to all. These young Bengali girls planned out a cruel murder and by a mean trick decoyed Mr. Stevens in their presence. They then took advantage of the man’s natural courtesy and proceeded to shoot him and anyone else who opposed them in a most determined and ruthless manner. After committing the crime they were quite self-possessed, and in the language of the Deputy Magistrate who recorded their statements, nonchalant and quite at ease. Of any sign of remorse after this lapse of time we have had no indication, on the contrary, their demeanor in the dock has been one of cheerful disregard of consequences. Yet the fact remains that they are not more than 16 and are girls of respectable family. This sort of crime is, we believe, unprecedented. The evidence does not suggest any motive, not even the statements which the girls made after the occurrence. It may be reasonable surmise that they are instruments of sinister agencies, though that by itself would not extenuate the offence in any way.
“Youthfulness in itself is a factor which requires to taken into consideration and brought into balance along with other circumstances of the case. Having regard to principles which have been applied to young or adolescent criminals, we think that in this case capital sentence need not be inflicted and that the proper sentence would be transportation of life.
“We accordingly sentence each accused to undergo transportation for life on the charge under section 302 (murder) read with section 34 of the Indian Penal Code. We do not think it necessary to pass separate sentence in respect of convictions on the other charges. As to the future treatment of these prisoners we draw the attention of the local Government to their case and recommend that due regard be paid to their antecedents and subsequent behaviour. Beyond this we do not think it necessary to give any special directions.”
s/d
This day of 27th January 1932 Mr. Justice Pearson (President)
Mr. Justice S.C. Malik (Member)
Mr. Justice S.K.Ghose ( Member)
OBITUARY
Extract from the proceeding of West Bengal , Legislative Assembly held on 29th march 1989
Mr Speaker:-
Before taking up the business of the day, I raise to perform a melancholy duty to refer to the sad demise of Smt. Shanti Das freedom fighter and former member of this legislature who expired on the 28th March 1989. She was 73. Born in Calcutta in 1916, Smt Das was educated from Comilla Faizunessa Government Girls High School and women’s college Calcutta
She was member of West Bengal Legislative Assembly council from 1952-1962 & 1962-1967 & 1967-1968. At the demise of Smt Shanti Das the country has lost a great patriot.
Now I requested the Hon’ble member’s to rise in their seats for two minutes as a mark of respect to deceased.
After two Minutes
Thank you ladies and gentlemen, secretary will send the message of condolence to the members of bereaved family of the deceased.
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