MATHRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On June 7, 1960 a tragic occurrence took place at a village called Mohangarh over the delivery of possession of certain lands in execution of decrees for ejectment obtained by landlords. Twelve persons lost their lives and several others received serious injuries. Among the injured were some members of the police force who had gone there to assist in the delivery of possession. Thirtynine persons were sent up to the Sessions Court for trial for offences under S. 148, S. 302/149 and S. 307/149 of the Indian Penal Code.

(2.) The prosecution case was that thought the warrants for delivery of possession in execution of several decrees in favour of the several decree-holders had been issued as early as April 5, 1960 repeated attempts by Revenue Officers to execute the decrees were unsuccessful. It was when further attempt was being made on June 7, 1960 to execute those warrants that the villages including the tenants who were to be dispossessed of their lands, and their friends and sympathisers attacked the decree-holders' men and the police party who had accompanied them to the field. It is said that on behalf of the decree-holders. Rattan Singh and his four companions Dharam Singh, Abbey Ram Bharat Singh and Nihal Singh entered with field of Prabhu, one of the judgment-debtors with two ploughs yoked to two teams of bullocks. Hardly had they gone a short distance into the field when a mob, about 200 strong, consisting of men and women armed with lathis, jailis and gandasas came up shouting "Kill Rattan Singh and do not allow possession to be taken". The Sub-Divisional Magistrate Sangrur, who was with the party then announced over a loud speaker that the declared the mob an unlawful assembly and called upon it to disperse. A large number out of the mob however managed to reach Rattan Singh and his party and thought Nihal Singh was able to get away the other four were attacked by several persons in the mob. On the order of the Sub-Divisional Magistrate, the police made a lath charge on the mob but the mob counter-attacked. In the course of the attack the Assistant Sub-Inspector Gurdial Singh received an injury and some of rioters tried to carry him away. In an attempt to save the situation Sub-Inspector Sitaram fired two shots from his revolver. The Sub-Divisional Magistrate then ordered the police to fire. A party of four fired two volleys. It was when after this 14 policemen fired the volleys that the mob ran away, leaving ten of their members dead and some injured on their field. Rattan Singh and his three companions also lay injured on the field.

(3.) Rattan Singh and Dharam Singh died of their injuries. Some of the policemen also received injuries. All the ten appellants are said to have been found lying injured in the field. They are a large number of other persons were arrested and ultimately, as already stated thirtynine persons were sent up to the Sessions Court for trial.