SAHEB SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) Saheb Singh has been convicted under Sec. 429 I.P.C. and has been sentenced to six months' rigorous imprisonment by the Temporary Sessions Judge, Aligarh. Mahabir and Ram Das have each been convicted under Sec. 324, I.P.C. and have been sentenced to eighteen months' rigorous imprisonment and Aram Singh has been convicted under Sec. 325, I.P.C. and sentenced to two years' rigorous imprisonment. They have filed the present appeal against their conviction and sentence.

(2.) It appears that there was a dispute between Teg Singh Ahir and some Thakurs over plot No. 389 of 20 bighas situated in village Sikandarpur in the district of Aligarh. The Ahirs had filed a suit against Girwar Singh and other Thakurs for ejectment but their suit was dismissed and at the time of the occurrence an appeal was pending against that decision. The case for the prosecution was that a day before the occurrence the Thakurs had ploughed this field and on the day of the occurrence the Ahirs went to plough it and had already ploughed and sown a major portion of it when the accused came there armed with guns spears and lathis and attacked them, that they shot dead the bullock of Girwar Singh Ahir which was being used for ploughing the field, that thereupon Girwar Singh complained to Bhikey that his bullock had been shot dead, that while Bhikey was proceeding towards the accused to protest against their wrongful act he was shot dead by Girwar Singh, that thereupon the Ahirs started running away when the accused Mahabir fired a shot with the result that Ram Singh fell down immediately after although the shot did not strike him and that after he had fallen down he was struck with spears and lathis by the accused and numerous injuries were caused to him and then the accused ran away. The report of the occurrence was made the same day on 17th July, 1950 at 11 a.m. in the morning about three hours of the occurrence at P.S. Dadon which is at a distance of seven miles to the east of the place of occurrence. This report was made by Teg Singh Ahir. The names of all the 20 accused were mentioned in this report. It was registered under Ss. 148, 302 and 429 I.P.C. and also under Sec. 19(f) of the Arms Act. Girwar, Chob Singh, Teg Singh, Chhattar and Ran Singh, who were all injured, were sent for medical examination. Bhikey who had died on the spot as a result of the gunshot injury was sent for post -mortem examination which was performed on 18th July, 1950. Girwar had 10 injuries on his person which were all abrasions of different dimensions. Chob Singh had two lacerated wounds on the right index finger. Teg Singh had a lacerated wound on the left side of back of head and a bruise on the left side on the back. Chhattar had a bruise and two lacerated wounds both of which were on the head. Ran Singh had 19 injuries on his person consisting of incised wounds, bruises, lacerated wounds and compound fracture of the lower end of the humerus bone. Bhikey who had died on the spot had three gun -shot wounds and one incised wound. As a result of the investigation 20 persons were sent up for trial under Ss. 147, 302, 307, 326, 323 and 429 I.P.C.

(3.) The prosecution examined 24 witnesses in support of the case. The witnesses of the occurrence are mostly Ahirs who were present at the scene of the incident.