NARAIN SINGH ALIAS NARY Vs. STATE OF UP

JUDGEMENT

(1.) Accused- Narain Singh alongwith Smt. Subda, Smt. Chandra Devi, Smt. Puna Devi and Smt. Kausa Devi stood trial for the offence punishable under Section 396 of the Indian Penal Code, 1860 (for short I.P.C.) in Sessions Trial No. 30 of 1990 vide judgement and order dated 25.10.1997 passed by the Sessions Judge, Tehri Garhwal. The trial court after taking into consideration the facts and evidence available on record acquitted accused Smt. Subda, Smt. Chandra Devi, Smt. Puna Devi and Smt. Kausa Devi and convicted accused Narain Singh for the offence punishable under Section 396 of the I.P.C. and sentenced him to undergo rigorous imprisonment for ten years.

(2.) The facts in brief are that complainant Sundru (PW- 1) submitted written report Ex. Ka-1 stating therein that on 28th June 1987 at about 10-11 a.m. his son Ram Dayal was going to fetch water from the public water tap in two brass pots (Banta). Meanwhile accused Mor Singh alias Bangolia came there in an annoyed mood and threw away the pots and slapped Ram Dayal stating that "Sale Domre (Harijan) pani bharne wale Bara bana hua hai." On hearing the noise his brother Kirti also reached the spot. The matter with regard to untouchability and drawing water from the tap was resolved and all the persons went back to their house. Thereafter on the same day Ram Dayal went to draw water from the alleged public tap at about 11:30 p.m., he was carrying a torch also. Even wife of complainant, Bindra Devi and Shira Devi also went to fetch water. When they were filling their pots with water accused Guthiaru alias Kaur Singh and Surat Singh reached there. Surat Singh stated that these scheduled castes be not allowed to draw water (Domro Ko Pani Mat Bharne Do). On saying this accused Surat Singh threw away the half filled pots in the fields. Accused Surat Singh and Guthiaru alias Kaur Singh carrying lathis in their hands followed his son and sisters in laws and entered the courtyard of their house. Surat Singh caused injuries on the head, breast and back of Jumla Devi wife of the complainant who was standing in the courtyard. Meanwhile accused Mehar Sikngh alias Bhuria and Naru alias Narain Singh (present appellant) having lathi in their hands also reached there and caused injuries to Bhagirathu, the brother of the complainant. Meanwhile Pulam Singh having axe in his hands also reached the place of occurrence. Thereupon Guthiaru alias Kaur Singh exhorted Pulam Singh and Narain Singh that `these scheduled castes be killed' (Domro ko maar do). Out of fear Bhagirathu entered inside the room and bolted the door from inside. Accused Pulam Singh broke open the door and entered the room along with Mehar Singh alias Bhuria, Naru alias Narain Singh and Guthiaru alias Kaur Singh, a lamp was lighting in the room. Accused Mehar Singh alias Bhuria, snatched axe from Pulam Singh and caused injuries on the head of Bhagirathu with an intention to kill him. Meanwhile appellant Naru alias Narain Singh snatched Darati from the hand of Pulam Singh and caused injuries to Bhagirathu. Meanwhile accused Smt. Subda, Smt. Chandra Devi, Smt. Kausa Devi, Gabbar Singh, Harish Chandra, Baishakh Singh, Gwanu, Mukand Singh, Bachhan Singh, Jogi alias Jogeshwar, Nathi Singh Shurbeer Singh, Smt. Soni Devi, Smt. Heema Devi Smt. Ludra Devi Smt. Darshani, Smt. Banni Devi, Smt. Bimla Devi and Pushkar Singh carring lathis, stones, Daranti and axe in their hands reached the courtyard and encircled the entire family in order to kill them. Meanwhile Mehar Singh, Naru alias Narain Singh, Guthiaru and Pulam Singh came out of the room then accused Gabbar Singh, Harish Chandra along with some other persons entered the room where Bhagirathu was lying in a serious injured condition. Gabbar Singh and Harish Chandra threw boxes having jewelleary and money in the courtyard. Accused Pushkar Singh broke open the boxes and other articles with the stones and looted Rs. 2000/- in cash, two wristwatches, one silver necklace (Kanthi) weighing 80 tola, one pair of silver Dhagule weighing 60 tola, a gold nose ring weighing one tola and a gold nose pin. The other co-accused damaged the tape-recorder- cum-radio by pelting stones, which was lying in the verandah. Thereafter the accused persons climbed roof of the house and started removing pathalia and fromthere some of them entered the other room of the house of the complainant and broke open a wooden box out of which they looted Rs. 2,700/-, a gold nose ring weighing 4 tola, 4 silver Gulsari weighing 20 tola. Complainant and children raised an alarm but no one come to their rescue. However, the accused persons threatened them with dire consequences. On account of the threat and out of fear the complainant and his family members remained hidden in their fields outside the village. Thereafter the complainant went to the house and found his brother in a serious condition and removed him to primary heath center Chham. The doctor referred him and advised to remove his brother Bhagirathu to Government Hospital Tehri where all the family members as well as Bhagirathu were medically examined. Thereafter complainant Sundru (PW-1) got the report scribed and submitted the same (Ex. Ka-1) before the Patwari Halka, on the basis of which Chick F.I.R. Ex. Ka-3 was recorded on 1st July 1987 at 6:00 p.m. The entry in this regard was made in G.D. (Ex. Ka-4).

(3.) Investigation was initially handed over to Patwari Vidya Dutt Chamoli (PW-6), which was later on transferred to Sub Inspector Inder Jeet Singh (PW-7). Injured Bhagirathu was medico legally examined by Dr. M.S. Bhandari (PW-4), who prepared his medico legal report Ex. Ka-2. Other injured persons were also examined by the same medical officer vide medico legal reports Ex. Ka-3 to Ka-7. Bhagirathu succumbed to his injuries on 1st July 1987. This injury report (Ex. Ka-10) was in the other sessions trial along with documents Ex. Ka-11 and Ka-12. The dead body was sent for postmortem, which was conducted on 2nd July 1987 at 1:20 p.m. by Dr. J.M. Chamoli (PW-5).