CHANDRIKA AND OTHERS Vs. STATE

JUDGEMENT

(1.) CHANDRIKA , Bishambhar, Gaya Din, Ram Autar, Ram Narain and Subedar have appealed against their conviction for an offence punishable under Section 302 of the Indian Penal Code read with S. 149 of the Indian Penal Code. Each of them has been sentenced for this offence to transportation for life. In addition Bishambar, Ram Autar and Gaya Din have been convicted and sentenced to two years' rigorous imprisonment each for an offence punishable under S. 148 of the Indian Penal Code, whereas the other three Appellants Chandrika, Ram Narain and Subedar have been convicted and sentenced to one year's rigorous imprisonment for an offence punishable under Section 147 of the Indian Penal Code. The Appellant Ram Autar is known by two other names Ram Saran and Laley.

(2.) THE incident to which this case relates took place on the 13th March, 1952. The motive of the incident which has been alleged by the prosecution is previous enmity between Chandrika, the principal Appellant, and Sheoraj Singh deceased. The prosecution case is that Sheoraj Singh was the leader of one party whereas Chandrika headed the other party. The Appellants are all close relation of Chandrika, two of them Ram Narain and Subedar being his sons, Ram Autar being married to Chandrika's daughter, Gaya Din Appellant being the father of Ram Autar and Bishambhar Appellant being the brother of the son -in law of Chandrika. The principal prosecution witnesses who are alleged to have been in the company of Sheoraj Singh at the time when the incident took place are Ghasi Ram alias Ghasite, Babu and Lalta. They are said to be prominent members of the party of sheoraj Singh. A number of reports are on the record indicating that reports had been lodged by Chandrika or Gaya Din against Sheoraj Singh or other members of his patty. On the 5th January, 1952, there was some incident or marpit and in respect of it a case was started in Court with Chandrika Prasad Appellant as the complainant. In that case Sheoraj Singh, Lalta and Babu were included as accused. On the day of the incident the case in respect of that previous incident was still pending. The prosecution suggests that it was as a result of the beating which Chandrika had received and which was the subject -matter of that case that Chandrika decided that Sheoraj Singh, who was alleged to have been at the back of that beating, should be killed in order to take revenge. On the 13th March, 1952, Sheoraj Singh had gone with Ghasi Ram, Lalti and Babu to Mallawan to pay calls on various persons in connection with the Holi festival. These four persons had gone on two cycles; Babu and Sheoraj Singh were on one cycle and Ghasi Ram and Lalta on the other. They left their village Kazipur Farhatnagar at about 2 P.M. and came to Mallawan, which is at a distance of about two miles from that village. It is alleged that, as they went to Mallawan and thence from place to place, Ram Narain Appellant followed them on a cycle. At Mallawan they visited the police station where they meet the Sub -Divisional Magistrate and the Tahsildar. After spending some time there they proceeded to Bhagwantnagar. Sheoraj Singh was given a lift by the Sub -Divisional Magistrate in the pick -up From Bhagwantnagar, Sheoraj Singh and his three companions Ghasi Ram, Lalta and Babu went to village Govardhanpur and then they came back to Mallawan, there they last visited the medical officer. Thereafter they left for their own village and for some time went along the pucca road. They left the pucca road where a kachcha road branched off towards their village. As they had proceeded for a short distance along that road, it is alleged that all these six Appellants, who were lying in ambush behind a stack of bricks near a brick -kiln, rushed out and attacked them. The Appellants Chandrika, Subedar and Ram Narain were armed with lathis, Gaya Din and Ram Autar with kantas and Bishambhar with a spear. They gave blows to Sheoraj Singh, who fell down. Babu also received a blow and fell there. Sheoraj Singh ran but Chandrika incited the others to kill him so that he was pursued and beaten again. He was badly injured. Babu, Lalta and Ghasi Ram raised an alarm and kept on shouting. The two nearest persons who saw the assailants are alleged to have been Har Prasad and Kaleshwar. After these persons had also started, shouting, the assailants all ran away. The alarm that had been raised was heard in village Kazipur Farhatnagar and some people from that village arrived there including the mother of Sheoraj Singh, and Gaya Prasad, his munim. They sent a man to fetch a cot in order to carry Sheoraj Singh to the hospital, but, before the cot could arrive, it was noticed that a car was coming from the direction of village Mallawan. The car was stopped. In it were the Sub -Divisional Magistrate and the Tahsildar. The incident was related to them. The Sub -Divisional Magistrate promptly took Sheoraj Singh to the hospital but before any medical aid could be given Sheoraj Singh died. The Sub -Divisional Magistrate sent word to the station officer of police station Mallawan, who came and started investigation. In the meantime a report was dictated by Ghasi Ram to Gaya Prasad and this was handed over to the investigating officer. He sent it to the police station and there a case of murder was registered against these six Appellants. The investigating officer examined some witnesses at the hospital, prepared the inquest report and after some other work proceeded to the scene of the occurrence. He examined some witnesses there. He found one Paragi lying injured in a hut near the brick -kiln which is situate close to the scene of the occurrence. A report was handed over to him by one Kripali. After further investigation these six Appellants were sent up for committing up the murder of Sheoraj Singh while they were in the possession of the weapons mentioned above.

(3.) THE learned Sessions Judge believed the prosecution version and disbelieved the defence suggestion. He consequently convicted the Appellants and they have now come up in appeal to this Court.