Mahatma Gandhi Assasination case

On January 30, 1948, Mahatma Gandhi was assassinated. The Trial Court judgment in Crown vs Nathuram Vinayak Godse & Ors.

In Mahatma Gandhi assassination case, the accused were:
1. Nathuram V. Godse
2. Narayan D. Apte
3. Vishnu R. Karkare
4. Madanlal K. Pahwa
5. Shankar Kistayya
6. Gopal V. Godse
7. Vinayak D. Savarkar
8. Dattatraya S. Parchure
9. Gangadhar S. Dandawate
10.Gangadhar Jadhav
11.Suryadeo Sharma
12. Digamber R Badge (the accused-approver)
A Special Court was constituted under notification No. 54/1/48-Political, Government of India, Ministry of Home Affairs, dated 4-5-48, u/ss 10 and 11 of the Bombay Public Security Measures Act, 1947, as extended to the Province of Delhi, and the case was made over to the Court for trial, under notification No. 54/1/48-Political, Government of India, Ministry of Home Affairs, May 13, 1948.

Atma Charan, Esq., I.C.S. was appointed Special judge. The Court held its sittings in a hall on the upper storey of a building in the Red Fort. Nathuram V. Godse, Narayan D. Apte, Vishnu R. Karkare, Digambar R. Badge, Madanlal K. Pahwa, Shankar Kistayya, Gopal V.
Godse and Vinayak D. Savarkar, who were present at Bombay, and Dattatraya S. Parchure, who was then at Gwalior, were all brought to Delhi before the commencement of the trial, and were lodged in the Red Fort in a specially selected area, which was declared to be a ‘prison’ under notification No. 54/6/48-Political, Government of India, Ministry of Home Affairs, dated May 15, 1948. The charge-sheet against the accused was submitted to the
Court on May 27, 1948. A summary of the main prosecution evidence was furnished to the defence by the prosecution before the commencement of the trial before the Court. Digambar R. Badge was tendered a pardon on June 21, 1948. The prosecution filed the sanction of the District Magistrate, dated May 18, 1948, u/s 29 of the Indian Arms Act, the sanction of the Central Government, dated May 26, 1948, u/s 7 of the Explosive Substances Act and the sanction of the Central Government, dated June 18, 1948, u/s 188 of the Cr.P.C., on June 22, 1948. The charges were then read out and explained to the accused. The accused pleaded ‘not guilty’ and pleaded to be tried.

C.K.Daphtary, Advocate-General of Bombay, appeared as Chief Public Prosecutor, and was assisted by N.K. Petigara, M.G. Vyavaharkar, J.C. Shah and Jwala Prasad. Savarkar was represented by L.B. Bhopatkar, Jumnadas Mehta, Ganpat Rai, K.L. Bhopatkar, B. Banerji, J.P. Mitter and N.P. Aiyer.

Although u/s 13(2) of the Bombay Public Security Measures Act extended to the Province of Delhi only a memorandum of the substance of the evidence was required to be recorded by the court, but at the request of all the accused and their counsel and with the
approval of the counsel for the prosecution, a complete record of the evidence was maintained in English for the convenience of all concerned. 

The recording of the prosecution evidence began on June 24, 1948 and continued till November 6, 1948. The prosecution produced in all 149 witnesses, and their evidence consists of 720 pages. The prosecution brought on the record of the case 404 documentary exhibits and 80 material exhibits.  The recording of the statements of the accused began on November 8, 1948, and continued till November 22, 1948, and their statements consist of 106 pages. All the accused except Shankar Kistayya filed written statements and their written statements consists of 297 pages. The defence through the prosecution witnesses brought on the record of the case 119 documentary exhibits. The accused were asked whether they meant to adduce evidence in defence. All of them declined to adduce any evidence either in rebuttal of the prosecution evidence or in support of the allegations made by them. 22. Judgment and Penalties: The hearing of the arguments began on December 1, 1948 and continued till December 30, 1948. Judgement was pronounced on February 10, 1949. Nathuram Godse and Narayan Apte were sentenced to be hanged. Vishnu Karkare, Madanlal Pahwa, Gopal Godse, Shankar Kistaiya and Dr. Parchure were to suffer, inter alia, transportation for life. Vinayak Savarkar was acquitted. Digamber Badge was granted pardon and set free for having deposed against his co-accused.

All the seven convicts submitted appeals through the jail authorities to the Punjab High Court. Formerly the High Court functioned at Lahore. Nathuram vs. Godse preferred appeal against his conviction for conspiracy and other charges and not against the death sentence. Criminal Appeals Nos. 66 to 72 of 1949 Punjab High Court, (then at) Simla. Some significant record of the Mahatma Gandhi Murder Case was included in Printed Volume I and II of the case documents in Punjab High Court.

The accused were put on trial at Peterhoff, Shimla, which housed the Punjab High Court at Simla. Vinayak Savarkar was acquitted and set free due to lack of evidence. The appellant and other sources stated that two accused namely Dattatraya Parchure, and Shankar Kistaiya were acquitted. As per the records available, Shankar Kistaiya and Dattatraya
Parchure were sentenced to transportation for life. However, Bombay High Court in Gopal Vinayak Godse vs The Union of India & Ors., decided on 6 August, 1969, AIR 1971 Bom 56, (1970) mentioned that: “In appeal, the Punjab High Court acquitted two more --Dr. Parchure and Shankar Kistayya. The conviction and sentence of the five others was confirmed. Nathuram had appealed against his conviction on the charge of conspiracy only. He neither challenged his conviction for murder nor the sentence of death passed on him. The statement made by him in Trial Court under Section 342 of the Code of Criminal Procedure was proscribed by the Government of India…Nathuram and Apte were executed
in the Ambala Jail on the November 15, 1949. Gopal Godse and another accused called Karkare were transferred from the Ambala Jail to Nasik Road Central Prison in Maharashtra on the May 19, 1950. Gopal Godse was thereafter transferred to the Aurangabad Central Prison. Gopal Godse filed several petitions in the Supreme Court praying that he be directed to be released. He was sentenced by the Trial Court on February 10, 1949 and his contention was that taking into consideration the remissions earned by him he was entitled
to be released. He was eventually released from jail on October 13, 1964, during the pendency of one of such petitions, in which he was directed to be produced before the Supreme Court on the 1October 19, 1964. He was arrested again on the November 25, 1964 under the Defence of India Act. He was released from detention on the 30th November, 1965”. The records pertaining to charge-sheet show that three accused were
absconding as pointed out by the appellant.