AJIT SINGH THAKUR SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal, preferred under the Supreme Court (Enlargement of Criminal Jurisdiction) Act, 1970, is directed against the judgment and order of the High Court of Gujarat setting aside the judgment and order of acquittal passed by the trial Court and convicting and sentencing the appellants for offences under Section 302 read with Section 34, Indian Penal Code, and under Section 326 read with Section 34 of the Code.

(2.) The appellants, Ajit Singh and Balwant Singh, are father and son. Another son is Mohan Singh. All three were charged with the murder of Manilal and with causing injuries to Parmabhai, Bhulabhai and Natwarlal. The prosecution case is that Manilal, Bhulabhai and Bhikabhai were three brothers residing in a chawl belonging to the appellant Ajit Singh that on 9th April, 1975 Manilal drew his salary from the factory where he worked and at about 6.45 p.m. on returning to his room in the chawl he was met by the appellants and Mohan Singh. They demanded payment of rent but Manilal said he would pay it only on the next day. His refusal to make immediate payment is alleged to have infuriated Balwant Singh who, it is said, inflicted two kirpan blows on him. Upon this Manilal started running away, pursued by the three accused, and headed towards the room of Parmabhai. Further kirpan blows were inflicted on him there by the appellants. Parmabhai, who had emerged from his room, was also attacked and given a kirpan blow. Manilal, meanwhile, turned and entered the house of Shanabhai. Ajit Singh is alleged to have struck him further blows there in consequence of which he fell down. Bhulabhai, who arrived on the scene was also struck a kirpan blow. Mohan Singh is alleged to have wielded a bamboo stick and hit Natwarlal on the head with it. All three accused are said to have run away from the place then, leaving their bicycles behind. Manilal was removed to the hospital and declared dead. Parmabhai was admitted as an indoor patient.

(3.) Shanabhai telephoned the police control room and informed them of the incident, and the Gomtipur police station recorded a complaint made by Bhulabhai.