BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Balwant Singh (30), Pehlad Singh (30), Mukhtiar (35), Tej Singh (37), Krishan (30), Shubh Ram (20), Mange Ram (55) and Smt. Chhtoi (65), mother of Krishan, were tried in the court of Additional Sessions Judge Rohtak for offences under sections 148 and 307 read with section 149 I.P.C. and were acquitted. On appeal filed by the State, the Punjab and Haryana High Court upheld the acquittal of Chhoti by giving her the benefit of doubt. The appeal against the other seven accused was accepted, their acquittal was set aside and they were convicted under section 148 and section 326 read with section 149 Indian Penal Code. For the offence under section 326 read with section 149 I.P.C., each of those seven accused was sentenced to undergo rigorous imprisonment for a period of 18 months, while for the offence under S.148 I.P.C. each of them was sentenced to undergo rigorous imprisonment for a period of six months. The sentences were ordered to run concurrently. The seven convicted accused have now come up in appeal to this Court by special leave.

(2.) The prosecution case is that the accused are collaterals of Hari Singh, husband of Mam Kaur, Hari Singh died issuless about 29 years ago and his land measuring about 200 bighas situated near village Yaqubpur was mutated in the name of his widow Mam Kaur, Mehtab Singh (P.W.11), Attar Singh (P. W. 12) and Kabul Singh (P. W. 14) are sons of Ude Singh, brother of Mam Kaur, Attar Singh P.W. used to reside with Man Kaur and cultivate her land. About three years prior to the occurrence, Mam Kaur sold some land and a gher to Mehtab Singh P.W. and his brother Phul Singh for Rs.12,000. Mange Ram accused brought a suit by pre-emption in respect of the said land and obtained a decree. Possession of that land was thereafter delivered to Mange Ram accused. Mam Kaur thereafter sold 23 kilas of land to Mehtab Singh P.W. and his nephews, but Mange Ram got the possession of that land also after obtaining a decree for possession by pre-emption. On March 20, 1965 Mam Kaur executed a will in respect of her remaining property consisting of land and house in favour of Attar Singh P.W. The will was also got registered by Mam Kaur. The accused resented the efforts of Mam Kaur to transfer her property in favour of her nephews. The relations between the parties consequently became strained.

(3.) On the morning of June 6, 1965, it is stated, Attar Singh and Mehtab Singh P.Ws. were ploughing Mam Kaur's field known as 'Khatiwala'. Their brother Kabul Singh and cousin Dharam Singh were busy removing weeds from the same field. The eight accused then came there. Balwant Singh was armed with a ballam, while Pehlad Singh, Mukhtiar and Mange Ram were armed with jellis. Tej Singh, Krishan and Shubh Ram had lathis while Chhoti was empty handed. The seven accused-appellants attacked Mehtab Singh, Attar Singh, Kabul Singh and Dharam Singh on the exhortation of Chhoti. The accused also stated at that time that they would teach a lesson to Mehtab Singh and his brothers for having secured transfer of Mam Kaur's land in their favour. Balwant Singh opened the attack with a ballam blow on the head of Mehtab Singh. A large number of injuries were thereafter inflicted by the accused appellants on Mehtab Singh, Attar Singh and Kabul Singh . Mehtab Singh and Attar Singh had small dandas in their hands and they wielded these dandas to ward off blows aimed at them. In the process some of the accused got injured. The occurrence was witnessed by Smt. Mari (P. W. 15), wife of Attar Singh P.W. as well as by one Jage. Dharam Singh, who did not receive any serious injury, ran away from the spot towards the nearby village Kutani, and was chased by Tej Singh, Krishan and Shubh Ram accused. Bhanwar Singh (P. W. 9) and Sri Chand (P. W. 10) who are the Sarpanch and member respectively of the Gram Panchayat of Kutani were asked by Dharam Singh to rescue him. Bhanwar Singh and Sri Chand stopped Tej Singh, Krishan and Shubh Ram accused and took them into custody.