AMBIKA SINGH Vs. STATE

JUDGEMENT

(1.) The six appellants, Ghulab, Ambika, Chandrika, Amarnath, Trilakdharj and Krishna, were convicted by the learned Sessions Judge, Mirzapur, as a result of an occurrence which took place on 9-9-1959 in which Ajmer deceased lost his life. Ambika was convicted of murder and sentenced to death. The other five were also held guilty of murder with the aid of Section 149 of the Penal Code but sentenced to imprisonment for life. These 5 accused were also convicted of rioting and sentenced to two years' rigorous imprisonment each. Ambika was also convicted under Section 148 I. P. C. of the offence of rioting armed with deadly weapon and awarded rigorous imprisonment for three years, All of them have appealed against their conviction and sentences.

(2.) The prosecution case against the appellants very briefly was as follows:

(3.) All the accused were charged with murder and other offences. Ghulab admitted that he was at the scene of occurrence and that a fight did take place, but he gave a different version of it. He alleged that the land in dispute did not belong to Ajmer and was never in his possession, nor had he sown any crop over it. The land was his and he had sown the crop which was standing on it on 9-9-1959. On that date he went to the field with one Sarwaha and two ploughmen. Ghulab admitted that he and the ploughmen were armed with a Danda and the Sarwaha with a spear (Ballam), but denied that any of the other five accused were there. His party of four found Ajmer with 10 or 12 others engaged in uprooting the crop which had previously been sown by him. He protested whereupon Aimer and his companions shouted "Maro Sale Ko'. One of them gave him a lathi blow which he parried with his own lathi, and as a result of the impact his lathi dropped from his hand and he took to his heels. His companions, however, remained behind and he did not know what happened after he had left.