MAN SINGH Vs. STATE

JUDGEMENT

(1.) Shri S. C. Chaturvedi, Additional Sessions Judge, Delhi has convicted all the three appellants under section 302 read with section 34 of the Indian Penal Code . for the murder of Ram Mehar and has sentenced them to imprisonment for life.

(2.) There are two factions in village Surera. One party is headed by Ganpat Singh and the other by Raj Singh. The rivalries had developed on account of election disputes.

(3.) On the day of the Holi festival falling on 18-3-1973, the residents of the village Surera had collected at the 'Holi Darwaza' to celebrate the occasion. "There had been beating of drums practised by both the parties. It is alleged that at about 8 P.M. Prabhu, Man Singh, Baid Ram and Ram Phal, who belonged to Raj Singh's party, came in the verandah of Ratti Ram, duly armed with lathis and jellies. At that time Smt. Bharto Public Witness , an elderly lady, had also gone to the appointed place to offer water to the Holi fire. When she was returning she saw Ram Mehar (deceased) present there. He belonged to Ganpat's party. It is alleged that Prabhu exhorted his companions to finish him. On this Baid Ram caught hold of Ram Mehar from behind, while Ram Phal and Man Singh started giving him blows with their respective weapons. The first blow was administered on his head. On receiving the same Ram Mehar fell on the ground. More blows were given thereafter. It is further alleged that Sri Chand Public Witness tried to save the injured but he was threatened by the assailants. So he retreated. Ganga Ram Public Witness then picked up the injured on his shoulders and tried to take him away. He was, however, not allowed to do so by the assailants. He had, therefore, to leave him there. The whole occurrence was witnessed by Smt. Bharto Public Witness . Prabhu had picked up a burning stick from the 'Holi' fire and had thrown the same towards Smt. Bharto. It bit her and she fell unconscious. This incident sparkled like wild fire, aroused the passions of both the factions and engulfed them all. Thereafter exchange of blows ensued. Injuries were received on both sides. Ultimately the incident ended. Cross cases were registered with the police at the instance of both parties.