HUKUM SINGH Vs. STATE

JUDGEMENT

(1.) Hukum Singh, Surajbhan, Sher Jang, Bhartu and Ram Chandra have filed this appeal against their conviction and the sentences awarded to them by the learned Sessions Judge of Saharanpur. All the five of them have been convicted under Section 302 read with Section 149. Indian Penal Code, and have been sentenced to imprisonment for life. They all have also been convicted under Section 323 read with Section 149, Indian Penal Code and have been sentenced to rigorous imprisonment for one year. Ram Chandra has been further convicted under Section 148, Indian Penal Code, and sentenced to one year's rigorous imprisonment whereas the remaining four appellants, namely Hukum Singh, Suraj Bhan, Sher Jang and Bhartu, have been convicted under Section 147, Indian Penal Code, and have been sentenced to six months rigorous imprisonment. The learned Sessions Judge has directed the sentences to run concurrently.

(2.) The charge against the appellants was that they on 12-12-1954 at about 9 A.M. in the wheat and gram field of Harphool in village Kurali, police station Rampur, district Saharanpur, committed rioting and in pursuance of the common object of the assembly, which was to take their bullock-carts forcibly through a number of fields including the field of Harphool committed the murder of Harphool and caused simple injuries to Lal Singh, Tara and Peeru. Ram Chandra appellant had also been charged under Section 148, Indian Penal Code, for having been armed with a deadly weapon, namely kulhari. The other appellants were charged under Section 147, Indian Penal Code as they are said to have been armed with lathis. The appellants are Raiputs and are inter-related.

(3.) In order to understand the prosecution case it is necessary to give very briefly the topography of the place of occurrence. Surajbhan appellant had a sugar cane field in Sona Arjunpur measuring about ten bighas. To the east of the sugar cane field of Surajbhan there are a number of fields belonging to Sainis and, after about ten or eleven fields lies the field of Harphool (deceased). On the extreme east adjoining this field there is a public thoroughfare which is described by the witnesses as a 'Gohar'. According to the evidence led by the prosecution, there were crops such as peas, sugar cane and gram in all these fields.