JODH SINGH & OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and order dated 12th of November 1982 passed by VI Additional Sessions Judge, Agra whereby all the appellants were convicted under Section 307 read with Section 149 I.P.C. and sentenced to undergo ten years rigorous imprisonment; all the appellants were further convicted under Section 147 I.P.C. and sentenced to undergo one years' rigorous imprisonment; appellants Jodh Singh, Raghu Raj Singh and Ram Prakash were convicted under Section 148 I.P.C. and sentenced to undergo two years' rigorous imprisonment and these three appellants were further convicted under Section 302 I.P.C. and each of them were sentenced to undergo imprisonment for life; and Rajendra Singh, Gopal Singh, Dev Prakash, Vijay Pal Singh, Rachh Pal, Mahesh Pal and Veerey were convicted and sentenced to undergo imprisonment for life, however, these seven appellants were acquitted of the charge under Section 148 I.P.C.

(2.) Appeal preferred by appellants Jodh Singh, Raghuraj Singh, Rajendra Singh, Gopal Singh, Vijay Pal Singh, Rachh Pal, stood abated, vide order dated 3.4.2017 of the Court, as they have died. Therefore, the appeal, now survives only as against appellants Ram Prakash, Dev Prakash , Mahesh Pal and Veerey.

(3.) The broad essential fact of the prosecution are that the first informant, namely, Om Prakash, resident of Hasanpur, P.S. Khandauli, District Agra submitted a written report to Station House Officer, P.S. Kandauli, District Agra mentioning therein that on 20.5.1979 a quarrel had broken out between his cousin Ram Gopal and Raghuraj Singh-appellant no.3 (since deceased) and his son Mahesh Pal Singh- appellant no.9 for transportation of bricks by mule. Being enraged by this incident of previous day regarding which already a report was given, on 21.5.1979 at 10 a.m. appellants, namely, Jodh Singh armed with gun, Ram Prakash and Raghuraj armed with country made pistols, Rajendra Singh, Gopal Singh, Dev Prakash, Rachh Pal, Mahesh Pal and Vijay Pal and Veerey armed with lathis, sharing common object, came near the gher of his uncle Bhoori Singh and exhorted Bhoori Singh, Khushi Ram son of Bhoori Singh and his uncles Bhampola and Ram Nath, who were already present, uttering loudly you washermen have crossed all the limits by refusing to carry bricks, thus, now they would be taught a lesson and began to beat them with lathis upon which Ram Katori wife of Bhampola Ram, Ram Sewak son of Khushi Ram, Premwati wife of Khushi Ram rushed to the spot in their rescue who were also assaulted with lathis.