RAJKISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave by nine appellants is directed against the common judgment of the High Court of Judicature at Patna dismissing two criminal appeals (Nos. 457 and 481 of 1965) from the judgment of the first Additional Sessions Judge, Chapra:(l) convicting Rajkishore Singh, Bindheyachal Singh and Ram Bachan Bhar:(a) under Ss. 302/34, I. P. C., for the murder of Raj Ballabh Dubey and sentencing them to imprisonment for life, and (b) under Section 148, I. P. C. and sentencing them to rigorous imprisonment for two years:(2) convicting Dhup Narayan Singh, Bhikari Singh, Suresh Singh, Kirpal Singh, Behram Singh and Dudnath Singh (a) under Ss. 326/149, I. P. C. and sentencing them to rigorous imprisonment for six years. (b) under S. 323, I.P.C. and sentencing them to rigorous imprisonment for one year and (c) under S. 147, I. P. C. but imposing no sentence:(3) convicting Dhup Narayan Singh, Bhikari Singh Suresh Singh, Rajkishore Singh, Bindheyachal Singh and Ram Bachan Bhar under S. 201, I.P.C. and sentencing them to rigorous imprisonment for two years with a fine of Rs. 100 each:in default of payment of fine they were to undergo rigorous imprisonment for six months. All the sentences were to run concurrently.

(2.) Before narrating the prosecution story the relationship of the appellants inter se may be broadly stated. Ramkishore Singh, Bindheyachal Singh, Dhup Narayan Singh and Suresh Singh, appellants 1, 2, 4 and 6 respectively are closely related to one another. Rajkishore Singh is son of Nagina Singh whereas Dhup Narayan Singh and Bindheyachal Singh are sons of Ram Das, brother of Nagina Singh. Suresh Singh is the son of Bindheyachal Singh. Bhika Singh is related to Nagina Singh and Ram Bachan Bhar is his ploughman. These six appellants belong to village Atmapur also known as Adampur. The remaining three appellants belong to village Santhi. Kirpal Singh and Bali Ram Singh are brothers and Dudhnath Singh is their pattidar. We may now turn to the broad features of the background of the prosecution story. Khata no. 100 in village Sandhi consists of a number of plots including plots nos. 2245 and 2246. The total area of this Khata consists of 7 bighas, 8 kathas and 3 dhuria. The landlords of this Khata were Bal Bhadra Prasad and others and the recorded tenants Jang, Bahadur Rai and Bal Govind Rai. Its rent having fallen into arrears the entire holding was sold in execution and purchased by the landlords themselves sometime in September, 1932. Notwithstanding this sale in favour of the landlords the tenants continued in possession of plots nos. 2245 and 2246 where the present occurrence took place. The tenants also obtained Sada Hukumnama from the landlords sometime in August, 1934 and paid rent to them. When the Zamindari vested in the State Government the owners mentioned Bal Govind and Jang Bahadur as their tenants being entered in the jamabandi in 1963. Nagina Singh applied to the Land Revenue Department for correction of the jamabandi entries basing his claim on the allegation that Raghunath Rai, Ramdhari Rai and others were zarpeshigidars of the Malkiat interest of Khata no. 100 and for arrears of rent the zarpeshigidars had obtained a decree and in its execution in September, 1922 had purchased the khata and secured its possession. Out of the Khata one bigha and 19 dhuria appertaining to plots nos. 2245 and 2246 were settled with Ram Das Singh, brother of Nagina Singh. This was claimed on the basis of a registered patta and it was on the footing of this document that Nagina Singh and the members of his family laid claim to the possession of the said two plots. These proceedings were still pending when the occurrence in question took place.

(3.) The prosecution version of the occurrence may now be briefly stated. The two plots nos. 2245 and 2246 which have been amalgamated belong to Banke Singh son of Jang Bahadur (P.W. 1) and Bal Govind Singh (PW. 6) as their kasht (cultivation) and they claimed to have been in possession all along. Three days prior to the occurrence in question which took place on October 23, 1963 Banke Singh had ploughed and harrowed the land. On the date of occurrence at 6 a.m. Banke Singh and Bal Govind went to the field to sow jow and korse crops. As they were about to finish the sowing operations Rajkishore Singh came there and suggested that sowing should be done only after the settlement of the dispute. Bal Govind suggested that a panchayati should be called to decide this matter. Rajkishore thereupon went to call the panchas. Bal Govind also asked Banke Singh to call Radha Kishen from village Santhi and Raj Ballabh Dubey who was upmukhia (who lost his life in the occurrence) from village Basantpur. Kashi Dubey (P.W. 3) and Balram Dubey (P.W. 8) and one Kapil Dev Tiwari were with Raj Ballabh Dubey at that tune. On being apprised of the controversy Raj Ballabh Dubey agreed to act as pancha. He took a blank piece of paper and a pencil with him and also persuaded the three persons mentioned above to accompany him. On arrival at the spot Bankey Singh found his uncle and Radha Kishan near the eastern side of the disputed field and Rajkishore Singh along with 40 or 50 persons variously armed towards the southwest corner of the field. An altercation appeared to be going on between the two parties. On Raj Ballabh Dubey's arrival Rajkishore Singh enquired from him as to why he had come there, to which Raj Ballabh Dubey replied that he had come to do panchayati. Rajkishore retorted that the field belonged to him and there was no question of a panchayati. This being refuted by Raj Ballabh Dubey there was exchange of hot words. Thereupon Rajkishore Singh and his partymen started throwing brickbats with the result that Bal Govind, Raj Ballabh Dubey and others began running towards north east. They were chased by the party of Rajkishore Singh. Raj Ballabh Dubey appears to have lagged behind. Rajkishore Singh gave him a bhalla blow in the stomach. This was followed by another bhalla blow by Bindheyachal Singh on the left side of his stomach. Raj Ballabh Dubey as a result fell clown in 'the field of Ram Chandra Singh. Thereafter Ram Bachan Bhar gave a blow on his chest. In consequence of these blows Raj Ballabh Dubey died. Kapil Dev Tiwari protested but he too was assaulted by Dhup Narayan Singh and Bhikari with lathis felling him down. On protest being raised by Baliram against this high-handedness he also received lathi blows. Kripal, Dudhnath, Baliram and Suresh thereafter struck him with lathis and felled him down. Thereafter Rajkishore Singh, Bindheyachal Singh, Bhikari and Dhup Narayan Singh tied Raj Ballabh Dubey in a green chadar belonging to him and carried him away tied on a lathi towards the river Sarjoo. They threw the dead body into the river. The dead body was, however' not recovered in spite of search with the result that no post-mortem examination could take place.