HARIDWAR PARSAD SINGH @ H.P. SINGH Vs. STATE

JUDGEMENT

(1.) Union rivalry of employees of the Food Corporation of India led to a civil dispute in which one H.P.Singh was restrained by an injunction issued by a learned Single Judge of this Court from holding himself out as the General Secretary of the Union as also from addressing any gathering within the precincts of the premises of the Corporation.

(2.) It was 1st Jan. of the year 2000, and the joyous occasion of celebrating new year turned into a battle ground. Admittedly, iron rods, bricks, stones and wooden sticks were liberally used by the H.P.Singh's faction and the rival J.S.Jaina faction. The place was FCI ground in Narela. Concededly a fight took place. Injuries were sustained by members of the two factions on either side.

(3.) Conceding as aforesaid, because it emerges from the evidence, learned counsel for the appellants concedes that a fight took place between members of two groups, and thus, the only issue which arises for consideration is : Whether it was pre-meditated, with the rival factions, anticipating trouble and arriving at the venue after forming an unlawful assembly and rioting using wooden sticks, iron rods, stones and bricks, or the fight suddenly erupted and it became : free for all. For if it is the latter, the appellants would be liable to be convicted, not as a group, but for the individual acts committed by each, because concededly the legal position is that if a fight suddenly erupts and it is a free for all, there is neither a common intention nor a common object and thus it is each one to himself and his God above.