NIDHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Nidhan Singh son of Sher Singh has been convicted on two counts under Section 302, Indian penal code for the murders of gurnam Singh and Gurmel Singh on 6/06/1967. He was tried originally with two others, who were acquitted by the Additional Sessions Judge, ganganagar. Nidhan Singh was sentenced to death and the sentence has been confirmed by the High court while dismissing his appeal against the conviction and sentence. He now appeals to this court by special leave.

(2.) Nidhan Singh was residing in village Arayan within the circle of police Station Kesharisinghpur. He had a field bearing sq. No. 26 while gurnam Singh and Gurmel Singh had the adjacent sq. field No. 25. Relations between Nidhan Singh and his brother Mastan Singh (one of the acquitted accused) on the one hand and Gurnam Singh and Gunnel Singh on the other were strained on account of disputes over water-course and Keeker trees.

(3.) The prosecution case is that on 6/06/1967, Gurnam Singh and gunnel Singh had gone to a neighbouring village and returned in the evening at about 6.30 p. m. They were residing at their Dhani and from there gunnel Singh directed Gurnam Singh and his son Gurbachan Singh to go to the house of one Mirab to enquire about the turn of water from the water course. After meeting Mirab, Gurnam Singh and Gurbachan Singh returned to their Dhani and had to pass on the way to the house of Nidhan Singh and mastan Singh. At that time Gurnam Singh coughed in a challenging tone which was heard by Nidhan Singh. Nidhan Singh was then with one Mehar singh (other acquitted accused) , his brother Mastan Singh and another mastan Singh (P. W. 1). Nidhan Singh and these persons thereupon decided to beat Gurnam Singh and coming out of the back door of the house waylaid him. Nidhan Singh snatched the Lathi from the hand of Gurbachan singh and began belabouring Gurnam Singh. Gurbachan Singh raised an outcry and Nidhan Singh chased him but he managed to escape. He went to his uncle Gurmel Singh, who was at the Dhani with his son Kashmir singh (P. W. 2). In the mean time Nidhan Singh and others caught hold of Gurnam Singh and brought him to the house of Nidhan Singh. Nidhan singh told his companions that if Gurnam Singh was not killed he would take revenge and kill them all the next day. Gurnam Singh was then stretched on the ground and Mehar Singh sat on his belly. Mastan Singh (P. W. 1) caught his legs. Mastan Singh (brother of Nidhan Singh) then brought a spade from inside the house and Nidhan Singh struck several blows on the neck of Gurnam Singh severing the head from the trunk. After this deed Nidhan Singh said that Gurbachan Singh would go to his Dhani and report and that Gurmel Singh was certain to come to enquire what had happened to his brother. Nidhan Singh then took a sword and hid himself near the main gate while the other persons sat down behind the wall in the courtyard. As anticipated, on being told by Gurbachan Singh, Gurmel singh and his son proceeded to the house of Nidhan Singh. Gurmel Singh carried, with him a 12 bore gun while Kashmir Singh, his son, who accompanied him had no weapon. As soon as Gurmel Singh entered the gate,nidhan Singh pounced on him and struck with his sword. On receiving the blow the gun fell down and Nidhan Singh was able to continue to strike him with the sword till his head was almost severed from the trunk. After the conclusion of this dastardly deed Mehar Singh suggested that something should be done to make out a case for their protection. He then took the gun and fired one shot in the air. Taking two cartridges from the tuck of the Tahmad of Gurmel Singh he loaded the gun again and fired at a heifer and injured her. He then reloaded the gun and left it lying near the body of Gurmel Singh. On the suggestion of Mehar Singh his unlicensed pistol and some opium were left near the dead body of Gurmel Singh. Mastan Singh (P. W. 1) thereafter left the house and went to the house of one Inder Das (Inder Ram p. W. 1) where he spent the night and left the next morning for his own village. Nidhan Singh went with his sword to the house of Harnam Singh, sarpanch (P. W. 5) and informed him about the occurrence. His case was that he was seated in his house with his parents, his wife and the wife of his brother when Gurnam Singh and Gurmel Singh, who were drunk, entered his house. Gurnam Singh had a Lathi while Gurmel Singh was armed with a 12 bore gun. They started abusing him and Gurnam Singh then attempted to attack him with a Lathi which missed the mark, as he stepped back. Gurmel Singh then fired at him with the gun but missed. Fearing injury or death to himself Nidhan Singh picked up a sword and started inflicting blows on the person of Gurnam Singh. His father Sher Singh also inflicted 5 or 7 blows on the body of Gurnam Singh. Gurmel Singh fired a second shot which again missed and hit the heifer. Gurmel Singh was loading his gun again but before he could fire Nidhan Singh struck him with this sword several times and he fell down. Both Gurnam Singh and Gurmel Singh died as a result of injuries received from the sword which was wielded by Nidhan Singh in his self-defence. This story of defence as given here was adhered to by Nidhan singh at his trial. In view of the statement of Nidhan Singh that he was responsible for the injuries on the person of Gurnam Singh and Gurmel singh it is not necessary to refer to the evidence in detail. It may, however, be pointed out that Gurnam Singh and Gurmel Singh do not appear to have caused any injury to Nidhan Singh or to any of the persons present at his house. The attack on Nidhan Singh and his companions by Gurnam Singh and Gurmel Singh must, therefore, be considered to have been completely ineffective.