P.0.W. British Ary.

P.0.W. British Army.

F.0.4. British Army.

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Julicial Decision

Corporal (Indian) MAJCHET SAJAIK, aged 24, of "MAJIRA" Village "SHARUKOTO" Prefecture, PUNJAB Province.

HONGKONG P.

W. Camp.

Sergeant (Indian) "ASUGARI" ALI, aged 27, of "NOSHIARIA" Village, "GIHIRADO" Prefecture, PUNJAB Province.

HONGKONG P.0. W. Camp.

Private (Indian) "SHIAFUGATO" ALI, aged 20, of "NOSHIAIRA” Village "QUCHIRADO" Prefecture, Punjab Provime,

HONGKONG 2.0.7.

The above three accused were guilty of an offence against the 7.0.W. Penal Code, Judgment was delivered by the Court Martial, with the Public Prosecutor Army legal officer Major FUUKI, Kamo present. The verdict was as follows : ---

The three defendents MAH(MET SAJAI, *ASUGAHJ" ALI, "SHIAFUGATO" ALI are sentenced to death,

Grounds

The three defendents were posted with British Army units in HONGKONG and took part in the fighting against the Japanese Army when the war broke out 8th December, 1941. They surrendered on the 25 Dec, and were placed in.......... T.O.. Camp. In August 1942, the accused were attached as labourers to the HONGKONG Branch Deot of the South Chim Field Ordnance Depot. Because of refusal to obey orders they frequently had to be admonished and punished by the P.C.W. Guard at the Branch Depot, Leading Private TAKEUCHI, Kyosuke. Enraged by this, on 18 April 1943, the accused, at the instigation of ASUGARU ALI, conspired together and decided that if the opportunity arose they would administer a beating to the above-mentioned leading private.

It so happened that about half past five in the afternoon of the following day, the 19th April, the above-mentioned leading Private TAKEUCHI had occasion to direct the three accused amongst others into a room to receive an admonition. The leading private thereupon caused all the P,0.Ws to be assembled in the corridor of the P.0.W. dormitory in the presence of Leading Private KUNISAKI, SHINJU and Superior Private NAGAI, TEIZO and others who were also P.0W guarda. Turning to SAJAIK, he asked him whether or not he intended to obey the order and enter the room. He replied to the effect that he would please himself. Whether the leading private used violence at this stage is not clear; but the accused "ASUGARI" ALI suddenly went for him with his fists and struck him several times on the left side of the face. Seeing this, the accused "SHLAFUGATO" ALI and MAHCHET SAJAIK, in the spirit of their previous decision, went for the leading Private, heading Private KUNISAKE and Superior Private NAGAI with their fists, and then beat them about the head and body with a rifle and an iron cobbler's last which they got from the dormitory. As a result TAKKEUCHI Kyosuke sustained bruises about the mouth, KUNISAKE Shunju was wounded and bruised on the upper arm and shoulder, and NAGAI Tiso mustained a black eye. These injuries took about a week to heal.

1.

The above facts are attested by :-

Not only the extent and nature of the injuries inflicted but by the fact that the depositions of the judicial department of the open court tally in the case of each of the accused,

2.

The statement taken by the army legal police officer from TAKEUCHI, Kyosuke; KUNISAKI Shunju, and NAGAI, Teiso.

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