RAMSINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave from a judgment and order of the Allahabad High court upholding the conviction of the appellant under section 302 of the Penal Code imposed upon him in the Sessions trial and accepting the reference made by the Sessions Judge. The appeal to the high court was presented not only by Ram Singh, the appellant before us, but also by three other persons, Sabha Singh, Arjun Singh and Hari Shankar. The last three were convicted by the Sessions Judge under S. 326 and 323, I. P. C. read with Section 34, Indian Penal Code and had been sentenced to various terms of rigorous imprisonment, the sentences to run concurrently. The persons who figured as accused in the Sessions trial included four other persons who were given the benefit of doubt by the Sessions Judge.

(2.) The facts are as follows : On the outskirts of the village Barji there is a well known as the well of Maharani Din. The age of the well is not known. At about 5 p. m. on 1/04/1966, there was an incident near the well as a result of which one Baj Bahadur lost his life. The case for the prosecution was that the said deceased along with Kallu, Kandhai Lal and vishwanath were irrigating their fields from the said well from early morning of the day. At about 5 p. m. the appellants came to that well Of the appellants, Ram Singh and Arjun Singh were brothers. The accused Sabha singh was their cousin. They were also accompanied by Hari Shanker who was a grandson of Maharani Din, his father being one Tulsiram, aged about 70 years at that time. According to the prosecution case, the accused sabha Singh asked Vishwanath and his group to stop irrigating from the well. This was resisted and Vishwanath and others said that they would complete the irrigation of the fields which they had taken up. The accuser started abusing them when Vishwanath protested. At this all the accused rushed towards Vishwanath and others to beat them. Vishwanath and Baj bahadur ran away from the well in one direction while Kallu and Kandhai lal took another. Vishwanath and Baj Bahadur were not pursued but the accused surrounded Kallu and Kandhai Lal in the field of Tulsiram which was adjacent to the well and started beating them with Lathis. Ram Singh was armed with a Pharsa while the others had Lathis in their hands. Ram singh did not take any part in the beating of Kallu and Kandhai Lal but kept quiet. Baj Bahadur and one Mata Gulam came to the rescue of kallu and Kandhai Lal whereupon Ram Singh gave a Pharsa blow on the head of Baj Bahadur and Sabha Singh administered a blow on his head with a Lathi. Arjun Singh and Hari Shanker started beating Mata Gulam. A number of persons had collected there and the appellants ran away. Baj bahadur died on the way to the police station which was at a distance of six miles. The first information was lodged by Vishwanath. Kallu, Kandhai lal and Mata Gulam were examined but the injuries on their bodies were found to be quite simple. The post-mortem examination of Baj Bahadurshowed that he had suffered an incised wound 41/2 x 3/4" brain deep on the right side of the head which had cut through the head bone and exposed the brain. He had also received a lacerated wound l" x 1/4" scalp deep on the left side of his head. Blood was found in the field of Tulsiram which also showed signs of a fight having taken place there.

(3.) The accused denied their part in the crime and stated that they had been implicated on account of enmity between Vishwanath and Sabha singh.