RAM BALI Vs. STATE

JUDGEMENT

(1.) Ram Bali Singh, Harbans Singh and Param Sukh Lal appeal from a judgment of a Civil and Sessions Judge of Banaras convicting them under Section 302, Penal Code, and sentencing the first to death and the others to transportation for life. The appellants live in village Thana and are said to be friends. The first two are Thakurs but no relationship exists between them, and the third is a Kayastha. Achaibar Singh, mukhia of the village, is a collateral of Harbans Singh and has disputes with him over joint land. The disputes were referred for arbitration of a Panchayat consisting of five men. Harbans Singh claimed the right to nominate all the five panches himself but was made to agree that one Panch at least should be nominated by Achaibar Singh. Accordingly Harbans Singh nominated four Panches one of whom was Uma Shankar while Achaibar Singh nominated Nankoo Singh deceased. There is a Gram Sudhar and Panchayat in the village of which Param Sukh Lal was the Vice-President and P. W. Mohammad Akil the Secretary. Nankoo Singh had previougly been a member of the Panchayat but was not a member at the time when the occurrence took place. He was, however, a very peace-loving educated man who would try to settle all differences between the villagers. He was respected for this by the whole village. The five Panchas met on 26-11-1948, to settle the disputes between Harbans Singh and Achaibar Singh but did not succeed; on the other hand, there is evidence that some hot words were exchanged between Nankoo Singh and two of the nominees of Harbans Singh. On the next day Harbans Singh and others cut away Achaibar Singh's paddy crop after beating him. Achaibar Singh lodged a complaint against them on 1-12-1948 citing Batuk Singh, Tilak Singh, Laldhari Singh and Mohammad Akil and four others as his witnesses. Out of those only Tilak Singh and three of the others were actually examined as prosecution witnesses. (The complaint was dismissed after the murder of Nankoo Singh.)

(2.) Param Sukh Lal was an autocrat in the Gram Sudhar Panchayat and liked to do everything according to his desire. The public was dissatisfied with him on account of his method of working. Thus Nankoo Singh was an eye sore to Harbans Singh and Param Sukh Lal. The third appellant Ram Bali Singh had no direct enmity with Nankoo Singh but since he was a friend of Harbans Singh he also did not like Nankoo Singh.

(3.) On 5-12-1948, at about 7 P. M. when there was moon in the sky, Harbans Singh and Uma Shankar went to the house of Nankoo Singh and asked him to go to the house of Harbans Singh to settle the dispute between him and Achaibar Singh about the cutting of the paddy crop. Nankoo Singh was disinclined at first but was persuaded by Uma Shankar to go and so he accompanied them to the house of Harbans Singh which is at a distance of about seven houses from his own. On the way they passed by the house of P. W. Katwaroo who accompanied them. Arriving at the door of Harbans Singh's house they found Ram Bali Singh and Param Sukh Lal sitting on the Chabutra of a Nim tree just in front of Harbans Singh's house. Below the Chabutra was a fire. Nankoo Singh, Harbans Singh, Uma Shankar and Katwaroo sat round the fire. Marjadi, mother of Harbans Singh, was at her door. Harbans Singh told Nankoo Singh that he had brought him to have the matter about the cutting of the paddy crop compromised. Nankoo Singh replied that he should return the paddy and the expenses of the complaint to Achaibar Singh and then live peacefully with him. Harbana Singh did not give any reply to this suggestion. Ram Bali Singh went inside the house of Harbans Singh and came out after short time and sat down on the Chabutra again covering himself with a black cloth, described by two witnesses as a blanket and another as a cotton Chaddar. When Nankoo Singh did not receive any reply from Harbans Singh he got up saying that it was no use waiting there. Others also got up ail the same time and Param Sukh Lal and Harbans Singh shouted that he should be struck. Immediately Ram Bali Singh threw off the cloth and plunged a knife into the abdomen of Nankoo Singh, extracted it and ran away along with Harbans Singh and Param Sukh Lal. Nankoo Singh fell down. The crime was witnessed not only by Uma Sankar and Katwaroo but also by Batuk Singh and Sheikh Nazir Hasan. Batuk Singh was at that moment returning to his house from a pond after answering the call of nature while Sheikh Nazir Hasan was returning home after collecting arus leaves from a place behind the house of Harbans Singh. Both were witnesses of the instigation by two of the appellants and the stabbing by the third. Batuk Singh shouted as soon as he saw the stabbing and there was uproar also, hearing which Ram Iqbal (younger brother of Nankoo Singh), Lal Dhari Singh (their uncle), Jhuro Singh, Tilak Singh and Mohammad Akil arrived there. Nankoo Singh said to them that he had been stabbed by Ram Bali Singh on being instigated by Harbans Singh and Param Sukh Lal. Achaibar Singh also arrived there and suggested that Nankoo Singh should be taken to the police station which is less than a mile by foot path and a report be lodged there. But Nankoo Singh who was in great pain said that he should be taken at once to the hospital in village Pindra which is about two miles from the village. So he was carried on a cot by Lal Dhari Singh and others to the hospital where they arrived at about 8-30 P. m. Dr. Paul, the Medical Officer at the hospital, cleaned and dressed the wound in the abdomen and advised that Nankoo Singh be taken at once to the King Edward Hospital, Banaras, about 18 miles away. Nankoo Singh was then in senses but restless. Lal Dhari Singh got a report of the occurrence scribed by Tulsi (of village Pindrai which is about a mile from the hospital) and took it to the police station which is about two miles from there while Nankoo Singh was taken in a motor vehicle to Banaras. Lal Dhari Singh handed over the written report at the police station at 10-30 P. M.