BHAGAT SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by ten persons. During pendency of the appeal appellants-Nawab Singh and Bhagat Singh have died and the appeal has abated in respect of them. The other appellants are, Pritam Singh, Chhotey Singh, Malkhan Singh, Kaptan Singh, Rajpal Singh, Ganga Singh, Jeet Singh alias Jeewan Singh and Babu Ram and the appeal has been heard on their behalf. All the abovementioned accused appellants were held guilty of offences under Ss. 302/149, and 307/149, I.P.C. and sentenced to imprisonment for life and imprisonment for three years under the two counts. Appellants Jeet Singh, Kaptan Singh, Rajpal Singh, Ganga Singh and Babu Ram were also held guilty of rioting under S. 148, I.P.C. and sentenced to R.I. for two years while appellants Nawab Singh, Bhagat Singh, Pritam Singh, Chhotey Singh and Malkhan Singh were sentenced to R. I. of 1 l/2 years each under S. 147, I.P.C.

(2.) An occurrence had taken place in village Indrakha Jagania, P. S. Sindhauli, District Shahjahanpur in the morning of 5-2-76, in which one Teja Singh was murdered and few others had received injuries. Two reports were lodged in respect of the occurrence one by Balwant Singh, which relates to this case and the other by Jeet Singh alias Jeewan Singh who is an accused appellant. The report of Balwant Singh was under Ss. 148, 452, 302, I.P.C. While that of Jeet Singh was in respect of the offences under Ss. 147, 148 and 324, I.P.C. Both the reports were lodged within a reasonable time and, in fact, there has not been any dispute about the time and place of the occurrence, which was around 8 a.m.

(3.) In order to properly appreciate the respective versions, it will be worthwhile to show the inter se relationship of the assailants, deceased, other injured of the case and the witnesses. One Atar Singh had two sons if not more namely, Santa Singh and Bhagat Singh (accused dead). Santa Singh had five sons, if not more. They are Pritam Singh, Jeet Singh alias Jeewan Singh accused, Teja Singh deceased and Phumman Singh and Balwant Singh P.W. 2 and P.W. 8. Balwant Singh was also informant. Kishan Singh is also an uncle of Teja Singh and has at least one son Balkar Singh. Both Kishan Singh and Balkar Singh were mentioned to have come from Sitapur on the date of occurrence but they have not been examined. The presence of these two -father and son - is quite clear from the fact that they were mentioned as accused in the first information report Ex. Ka-9 of Jeet Singh.