LAKSHMI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these criminal appeals Nos.284 and 285 of 1971 by special leave, seven persons, namely, Lakshmi Singh. Jagdhari Singh, Jagdish Singh, Chhathu Singh, Dasrath Singh, Ramprasad Singh alias Ramprasad Sah and Ramsagar Singh had been put on trial for the murder of two persons, namely, Chulhai and Brahmdeo and were tried by the Sessions Judge, Muzaffarpur, who by his order dated November 30, 1968 convicted the appellant Lakshmi Singh under Section 302, I.P.C. to imprisonment for life. All the other accused were convicted under Section 302/149, I.P.C. and sentenced to imprisonment for life. Accused Jagdhari Singh was convicted under Section 325, I.P.C. and sentences to six months' regroups imprisonment, while the accused Ramsagar Singh, Lakshmi Singh and Dasrath Singh were convicted under Section 148 I.P.C. and sentenced to one year's rigorous imprisonment. Ramprasad Sah, Jagdhari Singh, Jagdish Singh and Chhathu Singh were further convicted under Section 147, I.P.C. and sentenced to six months' rigorous imprisonment, The learned Sessions Judge ordered all the sentences to run concurrently. The appellants filed two separate appeals before the High Court of Patna which dismissed the appeals and affirmed the convictions as also the sentences passed against the appellants. Appellants Lakshmi Singh, Jagdhari Singh, Jagdish Singh, Ramsagar Singh and Dasrath Singh have filed Criminal Appeal No.284 while Chhathu Singh and Ramprasad Singh alias Ramprasad Sah have filed Appeal No.285. As however both the appeals arise out of the same judgement, we propose to decide these appeals by one judgement.

(2.) This is an unfortunate case in which two persons appear to have lost their lives over a very petty and trivial dispute. On a perusal of the evidence and the circumstances of the case, we feel that the prosecution has not come out with the true version and the result is that the murder of the two persons has to go unpunished, and this is yet another misfortune of the case, but if the prosecution dose not choose to put forward the true version it is to be itself squarely blamed for the failure of the case.

(3.) Briefly put, the facts may be summarised as follows: Appellant Ramsagar Singh and his brother Dasrath Singhwere full brothers being sons of Maharaj Singh. They were resident of village Alipur Hatha, police station Mohnar. The deceased Chulhai and one Ramasray were the first cousins of these two persons and the deceased Brahmdeo was a nephew of Chulhai. It appears from the prosecution case that the two families were living together in the same house in different portions having a common courtyard. There was some sort of partition between the two cousins and their children in which portions of the house were allotted to eachbranch. Jaiwanti daughter of Ramdayal Singh one of the sons Chulhai Singh was married on April 18, 1968 and Dasain Singh and others had fixed a Marwa (marriage platform) in their common court-yard. The marriage passed off peacefully and the appellants Ramsagar Singh and Dasrath Singh never objected either to the marriage being held in the court-yard orto the construction of the Marwa. Three days later i.e. on April 21, 1966, which according to the prosecution happened to be the day when the Chuthari ceremony had been performed at about 4 P.M. when Dasain Singh his father Chulhai Singh and others were sitting in the house the appellants Ramsagar Singh and Dasrath Singh armed with Bhala and Bana respectively appeared on the scene and asked Chauhai Singh and Dasain Singh to demolish the Marwa. Chulhai Singh, however, protested and refused to demolish the Marwa because it was customaryin the family not to demolish the Marwa until 1 1/2 months from the date of the marriage has elapsed. This led to an exchange of hot words and an altercation in the course of which other five appellants namely, Lakshami Singh, Ramprasad Singh. Jagdhari Singh, Jagdish Singh and Chhathu Singh joined the two appellants Ramsagar Singh and Dasrath Singh and made a common cause with them in assaulting the two deceased persons Chulhai Singh and Brahmdeo. According to the prosecution, Jagdhari Singh haveorders for assaulting the prosecution party and thereupon Ramsagar Singh assaulted Brahmdeo Singh with a Bhala on his head, Dasrath Singh hit him with the lathi portion of his Bana while Jagdish Singh and Jagdhari Singh assaulted him with lathis. Lakshmi Singh is said to have assaulted Chulhai Singh with a bhala in his abdomen and when he fell down he was assaulted with lathis by Chhathu Singh and Ramprasad Sah. Dasain Singh was also assaulted by Jagdhari Singh when he tried to intervene. Thereafter all the accused persons filed away. Dasain Singh and his brother Dangroo Singh carried the two deceased persons to Mahnar Hospital on rikshaw, where they were admitted. The A.S.I. attached at the Mahnar Police Station reached the Hospital at 7.55 p.m. on receiving a slip from the Doctor In-charge of the Manhar Hospital and found Brahmdeo Singh and Chulhai Singh unconscious. The ASI recorded the further statement ofDasain Singh which was treated as the First Information Report. Brahmdeo Singh however succumbed to his injuries at Mahnar Hospital, while Chulhai Singh was advised to be taken to a bigger hospital at Hajipur and there he died the next day. After the usual investigation, the police submitted charge sheet againstthe seven accused who were put on trial and were convicted as indicated above.