by Kabil Ali, APS
(The author was then theDeputy Superintendent Police, Khasi Hills District, Shillong. This article was first published on the Assan Police Training College Magazine. 15th Nov. 1973)
Poverty and circumstances contribute a lot in forming the character of a person, These are the common factors which drag a person to crime. Poverty may not be responsible alone if circumstances do not contribute a helping hand. Once a person becomes the victims of these factors and commit crime, he cannot come back again unless and until he is brought correction after removing these factors.
Here I am going to write a story of a young man named Karmalal Brahmo alias Lengra which will go a long way to prove the above theory. This young illiterate man was borned in the village Hatipuda under Sidli P.S., District Goalpara in the year 1937. His father Hengra Bora was very poor and could not give education to Karmalal who grew up without any proper training and guidance. His father had no other alternative but to engage him as a cow-boy in the house of village Headman. Karmalal thus earned a little amount of Rs.10 per month and this amount had to be given to his parents to save them from starvation.He had to struggle much for survival and his miseries grew day by day along with his age. At the age of 20 he married the sister of Ramani Brahmo, a notorious dacoit who is a B.C. of Sidli P.S. Incidentally his wife was much more aged than him, and Karmalal Brahmo found himself helpless to maintain his newly married wife with no income of his own. He had to borrow money at the time of his marriage from his master with the "Bandabost" that he would serve under him for a year without any remuneration. His position in the circumstances, was more worst, Ramani Brahmo was not a fool to miss this opportunity. Thus young Karmalal, now the Brother in law of Ramani Brahmo was compelled to take advice from the later. Ramani Brahmo called him oneday and tactfully put a proposal to Karmalal about the prospect of getting money overnight by forging currency notes with the help of medicinal herbs known as "Pan-Aloo"(root of Betel nut plants). Kamarlal immediately agreed and went put with his brother in law Ramani to nearby Betel nut leaf garden. They searched for the root throughout the night and thereby caused extensive damage to the garden but failed to get the the wanted root. Ramani Brahmo advised Karmalal to be dis-heartened and made him understood that failure was the pillar of success in life. After a few days of this incident Karmalal was again called by Ramani Brahmo to meet him in a house at mid-night. Accordingly Karmalal met Ramani Brahmo at a house where he found 4/5 others who were all notorious known dacoits. There he saw a gun and some deadly weapons in the hands of the inmates. Karmalal was asked to accompany them upto a house at Runikhata. They all took country liquor and started for their destination uttering the words "Jai Ma Ki". At Runikhata they committed dacoity and looted cash, clothes and ornaments in a house of a Nepali Mahajan after torturing the inmates inhumanly, Karmalal was given a big share of the looted booty as he was found to be very courageous and jubilant.Karmalal now found himself much relieved of his past worries. His young wife was found more happy and this was the main cause why Karmalal got encouragement to commit another 4 dacoity within a shortest possible period in the year 1960 without the help of his master Ramani Brahmo. Karmalal found himself now a solvent person and he spent his days happily. He has reached a stage by this time wherefrom nobody could bring him back. The young desperado committed depredation at various places and the villages were fed-up and arranged extensive patrolling to apprehend him. Once he was surrounded by the villagers in his house by laying ambush patrol while Karmalal was resting in his house with some of the members of dacoits.The villagers encircled him armed with bows and arms. As a result there was a fight in between them and Karmalal escaped with his members by opening gun fire and injuring one of the villagers, namely, Hiralal Mahato. The elders since then persuaded him more vigorously till they could find out Karmalal in a house of a Muslim, working as a day laborer assuming the name of a Muslim. He was produced before Police. Karmalal was tried and sentenced R.I. for 1 year on 17-10-1962 and put to Dhubri Jail where incidently he found his old associates Anil Brahmo and Khitish Brahmo undergoing imprisonment for 5 years in a dacoity case of Sidli P.S. vide 2(6)60 U/S 395/397 I.P.C. It was during this 1 year period of imprisonment Karmalal recieved all instructions about the formation of a gang from his experienced associates Anil and Khitish in the jail. Karmalal was released on 12-12-1963 did not go back to his village and met one Daniel Basumatary immediately after his released from jail as instructed by Anil and Khitish. It was Daniel who introduced other members of the gang to Karmalal at Runikhata where he was staying in a camp. The members of the gang were camping there posing themselves as day laborers in the newly constructed road near Bhutan border. Karmalal stayed there for sometime posing himself as a day laborer. All night-fall they used to commit dacoities in the neighboring places. There after they moved from place to place and committed series of dacoities in the districts of Kamrup, Goalpara, Nowgong, Darrang and Lakhimpur and few other cases in Bhutan within the period of 2 years till he was traced out and arrested on 14-7-1965 while he was resting underneath a tree near Bongaigaon being guarded by stalwart Rebang Basumatary from the top of the tree. Karmalal and four other associates were arrested on the same day by the I/O after a hot chase with the help of the villagers. A looted gun having no butt including 8 live cartridges were recovered from the possession of Karmalal. The butt end of the gun was subsequently recovered from the possession of another stalwart Tillow @ Tilak Basumatary.
The arrest of Karmalal with looted gun and cartridges pave the way of the opening 1st gang case of Assam. After much interrogation by different officers Karmalal gave a clean cut confessional statement giving vivid description about their commission of series of dacoits in the districts of Goalpara, Kamrup, Nowgong, Darrang, Lakhimpur and in some parts of areas falling within Bhutan under his leadership. The statement of Karmalal Brahmo brought to light the fact that a gang of dacoits consisting of about 70 persons was operating in the aforesaid districts under his leadership and guidance. It was further revealed that this gang was responsible for 52 dacoity cases during the period from 12-12-1963 to 14-7-1965 of these fifty-two cases, ten were armed dacoities, two were dacoities with rape, one was dacoity with murder and the rest were dacoities with grievous or simple hurt.The statement further gave clear descriptions as to how and when the gang was formed, how he came to be the leader of the gang, how the gang operated and also about the specific cases of dacoities committed by them. He disclosed fully in his statement that the gang was in existance from about 1960 and it was being led by Anil and Khitish Brahmo initially. It was during the Anil and Khitish Kamarlal under their advice re-organised the gang and took the leadership himself and committed dacoities in different districts in different groups. Karmalal, the leader, himself took part in 36 dacoities during this period.
The statement of Karmalal Brahmo was thoroughly verified locally by different Magistrates in different districts. He led Magistrates to every house where dacoity was committed by him or his party and on enquiry, the Magistrates found them perfectly correct. During the follow-up actions all the members were arrested out of which 15 other members made judicial confession before Magistrates to be the members of Karmalal's gang and to have committed specific dacoities membering 52 in all the whole of Assam Valley districts. Besides 10 others, in an extra Judicial confessions made before the leading persons of the village, implicated themselves and proved that they all belonged to the same gang organised for the purpose of committing dacoities. They also in their extra Judicial confession a limited to have committed several dacoities along with other members of the gang.
Another stalwart, namely, Kamaleswar Mashuhari made a confessional statement before Magistrate implicating himself which revealed that he was the 2nd in command and led the gang in different places whenever, their leader Karmalal could not attend. He committed about 12 dacoities including dacoity with murder after the gang was re-organised. In all these cases either he or his leader Karmalal lead the party while committing dacoity. His statement was verified thoroughly and found correct.
During investigation of the case it came to the light that all the members numbering 70 belonged to a gang of persons associated for the purpose of habitually committing dacoity. All the members of the gang headed by Karmalal became so desperate and dangerous to the community that the aggrieved persons dared not bring some of their criminal activities timely to the notice of police or any other authority. In many of these dacoities guns were used and in several cases the inmates were either killed or tortured inhumanly to extort money. They formed into various groups for the purpose of committing dacoities in different areas, used to assemble during the bazar days to make their plans and committed dacoities in the selected localities specially in the early part of the night when the inmates of the house were either busy in gossiping, taking meals or were indifferent due to day's exhaustion. The gang members attacked the innocent inmates like a storm and after frightening them away by firing one or two gun shots, they ransacked the house and decamp with the boot. The primary object of the gang members for raiding the house in the early part of the night, was to secure arms and ammunition by making sudden attack when the inmates were indifferent and did not have the slightest expectation about the occurrence. Sometimes they used to create artificial alarm by freeing the cattle from the cow-shed or throwing stones on the C.I. sheeted roots etc. when the inmates were asleep. As soon as the inmates opened the door, the gang members used to rush into the house and after tying and torturing the inmates they used to extort confession about the hidden property and then looted the same. While torturing they used to put burning charcoal on the private parts of the inmates and thus extorted confession about the hidden treasury.The most heinous activities of the gang was that they did not even have the slightest hesitation to shoot their associates to death who were injured as a result of resistance offered by the inmates in order to avoid detection. Immediately after the commission of the dacoities they used to assemble in a jungle and equally shared the booty under the direct supervision of their leader of the group. The arms ammunition however were by them for future use under the direct direction of Karmalal Brahmo.
In this case altogether 400 witnesses from different districts, both official and unofficial, were examined. Whenever we visited any village, we found the villagers very much eager to co-operate with the police in bringing the gang to the book. We were given all help and villagers came forward to tell their untold stories about the activities of the gang. Altogether 7 guns, 8 cartridges including some empty cartridges were recovered from the possession of the different members of the gang. Besides 1 table clock and some other articles were also recovered. All these guns and articles were found to be the looted property of the different dacoity cases committed by the gang. A note book recovered from the place of occurrence of Case No.11(1) 65 U/S 395/397 IPC of Kokrajor P.S. subsequently helped very much in proving the existance of the gang and their movements to their different places for committing dacoity. It also contained many notes in the pages regarding expenditure of Journey, expenditure in purchasing arms and ammunition etc.
The case was registered in the month of September, 1966 and the investigation was completed in the month of January, 1967. It took about 6 months during committal proceedings and altogether 51 persons were committed to session. The special session court commenced its hearing on 20.9.67 and the judgement was delivered on 29.2.68. The case ended in conviction. The prosecution preferred appeal in the High court against the acquittal order of some of the members of the gang on benefit of doubt. The High Court convicted all the 15 persons and sentenced them to imprisonment for various terms. Altogether 31 persons were convicted, 2 accused died while in jail. Both the approvers were set at liberty.
The following were the nature of evidence tendered by prosecution in the Court of session Judge specially empowered to try the case.
Besides the prosecution, while tendering evidence, specially gave stretch to prove its case on the following line.
I
took the investigation and I was ably helped by my colleagues Shri A.Ahmed(Retd.),
Shri Kobad Ali(Retd.), Shri R.Khound and Shri S.K.Mazumdar, Shri N.Barsaikia
the then Deputy
Inspector General of Police, Range and Shri H.K.Bhattacharjee, the then Superintendent
of police, of Goalpara District were very much pleased to give their valuable
advise in conducting the investigating of the case. They were mainly responsible
fpr getting the confessional statement of Karmalal Brahmo before registraton
of the case.
The case was closely supervised by Shri S.C. Barua, the then special Superintendent of police, CID and it was due to his valuable advice I could proceed in the investigation step by step. Shri P.K. Roy, APS the then Deputy Superintendent of police,CID conducted the case very successfully and it was due to his earnest effort the members of the gang could be booked.
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