DHARAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants and Prithviraj singh were tried by the Sessions Judge, Hamirpur, the former for offences under s. 302 read with s. 149 and s. 201 read with s. 149 and of them some under s. 147 and others under s. 148 and the latter under s. 201 read with s. 149 of the Indian Penal Code. From amongst the accused persons Nathu Singh was acquitted and so was Prithviraj Singh but ten others were convicted under s. 302 read with s. 149 and s. 201 read with s. 149 and two of them were convicted under s. 147 and others under s. 148. The Sessions Judge sentenced the convicted persons to imprisonment for life under s. 302 read with s. 149, to three years' rigorous imprisonment under s. 201 read with s. 149, two of them to two years' rigorous imprisonment under a. 147 and others to three years' rigorous imprisonment under s. 148 but all the sentences were concurrent. Against that order the convicted persons took an appeal to the high Court at Allahabad and the State appealed against the acquittal of Nathu Singh and also applied for enhancement of sentences against the convicted persona. The High Court dismissed the appeal of the convicted persons and allowed the appeal against Nathu Singh. Thus 11 persons were convicted and sentenced to imprisonment for life and to other concurrent sentences and they have appealed to this court by special leave.

(2.) The appellants and Prithviraj Singh are residents of village Kharela and they were on terms of enmity with the deceased Raja Ram Singh. On July 28, 1957, at about 3-30 p. m. the appellants collected in front of the house of Kali Charan appellant, two of them armed with lathis, two with pharsas and seven of them had spears. Dharam Singh appellant asked Kaja Ram Singh as to why he had been abusing him to which the reply given by Rajaram singh was that he was not in the habit of abusing any body at his back and if he felt like abusing any body he would do so to his face and he fixed his spear in the ground and stood there. Appellant dharam Singh threw away the spear, rushed towards Kajaram Singh, caught hold of him by the waist and asked his ten companions to beat the enemy. Rajaram Singh was thereupon attacked with various weapons as a result or which he fell down severely injured. He was still alive when appellants Sheo Rattan Singh and Gulab Singh struck on his neck with pharsas and partially severed it. At the instance of Dharam Singh, his cart was brought by others and Prithviraj Singh also arrived at the spot. Dharam Singh asked him to go home and bring his (Dharam Singh's) gun which prithviraj Singh did and handed over the gun and the bandolier of cartridges to Dharam Singh who loaded the gun, put the dead body of the deceased on the bullock cart and the ten accused persons then took away the dead body from the village and it is alleged that they left it in a nullah near village Jataura.

(3.) There is a police post in the village of which head Constable Shivsewak Singh is incharge and there is also an armed guard there. At 3-45 p. m. Shyam Lal who is the brother-in-law (wife's brother) of Kajaram Singh made a report at the police post and at 7-30 p. m. he made a report at the police station Muskara which is 8 miles away from village Kharela. This occurrence was witnessed by five persons P. W. Babu Singh. P. W. Shivnath Singh, P. W. Ram Narain, P. W. Mulain Singh and P. W. Brij Rani. While the corpse was being taken in the bullock cart three witnesses deposed to having seen it being carried in the cart. They are Ram Nath P. W. 21, tijiwa P. W. 22 and Jurkhan P. W. 23.