BALBIR SINGH DEAD Vs. STATE

JUDGEMENT

(1.) Balbir Singh and five others have filed this appeal against the judgment and order of the Second Additional Sessions Judge, Muzaffarnagar dated 7-61978 in Sessions Trial No. 302 of 1977 wherein the appellants were convicted and sentenced as under:

(2.) The charge against the appellants was that on 13-4-1977 at about 9 a.m. All the appellants formed an unlawful assembly in village Kallarpur falling within Police Station Kotwali, district Muzaffarnagar being armed with sharp-edged and blunt weapons and in prosecution of the common object caused the death of Karam Singh and caused injuries to Raja Ram, Amar Singh and Smt. Sushila, Consequently the charges u/Ss. 147, 148 I.P.C. were framed against the appellants in accordance with the weapons with which they were armed Balbir Singh, Niranjan Singh and Ompal were alleged to have been armed with lathi, Ashok was armed with a Bhala and Jaipal and Molhar alias Krishnapal were armed with Ballams.

(3.) The prosecution allegation is that the appellants Balbir and Niranjan are brothers Ashok and Ompal are sons of Niranjan while Molhar and Jaipal are nephews of Balbir Singh and Niranjan. The deceased Karam Singh was father of P.W. 1 Subhash Chand, Raja Ram, P.W. 2, and Amar Singh, the two injured, are uncles of Subhash Chand and Smt. Sushila (P.W. 3) is sister in-law (Bhabhi) of Subhash Chand. The agricultural plots of the accused and deceased Karam Singh are adjoining. The accused wanted to purchase the plot of Karam Singh but Karam Singh and Subhash Chand had not agreed. The accused had broken the partitioning wall (Mend) and included certain portions of Karam Singh's field into their field. Lobia crop was sown in the field of Karam Singh. The accused had extended threat. On 13-4-1977 Subhash Chand (P.W. 1), Raja Ram (P.W. 2) and Amar Singh along with Karam Singh had gone for sowing sugarcane at about 6 a.m. which continued till 8 a.m. when the appellant Balbir Singh placed his cart (Baggi) in the field of Kiram Singh damaging the lobia plants. Seeing this, Karam Singh protested and came to Balbir Singh to say that he should remove his Buggi. The appellants abused Subhash Chand and Raja Ram had come at the altercation between Karam Singh and Balbir Singh appellant, Niranjan Singh and Balbir Singh started beating Karam Singh with lathis when Karam Singh plied Paini (small lathi) in self-defence. Amar Singh, the uncle of Subhash had also reached there raising an alarm. Balbir Singh and Niranjan Singh appellants left the place threatening that Karam Singh would have to face the consequences as nobody had challenged them so far. The deceased Karam Singh, Subhash Chand, Amar Singh and Raja Ram returned to their houses. By about 9 a.m. the six appellants armed with the weapons mentioned above, came to the house of Karam Singh and started beating him over the chabuotra. Amar Singh was dragged from his Dubri and was beaten. Raja Ram too was beaten inside the Dubri. Subhash Chand informant, saw this incident from the terrace. The accused then broke the Chaukhat and the door of the Kotha of Karam Singh and appellant Ashok entered inside it and gave a beating to Smt. Sushila (P.W. 3). At the alarm being raised Kaloo, Ghanshyam and several others of the village had collected. Subhash Chand brought the three injured and deceased Karam Singh to the hospital. On the way, however, Karam Singh died. Therefore, instead of going to the hospital Subhash Chand decided to go to the police Station where he lodged an oral first information report at 12-30 p.m. on 13-4-1977. Kedar Singh, head-moharrir, made the necessary entries in the general diary and registered the case and directed Amar Singh and Raja Ram to be sent for medical examination. Amar Singh was medically examined by Dr. D. P. Arora on 13-4-1977 at 1-15 p.m. while Raja Ram was medically examined at 1-35 p.m. reports whereof were prepared and duly proved as E.x. Ka-3 and Ex. Ka-4. Amar Singh had one lacerated wound, four confusions and an abrasion. Raja Ram had three lacerated wounds and an abraded contusion.