CHARAN SINGH Vs. STATE

JUDGEMENT

(1.) The appellants in these two appeals are Charan Singh, Bachchu Singh, Ram Singh alias Ramlo, Sheo Nath Singh and Chhotey Singh, of whom Sheo Nath Singh and Chhotey Singh are the sons of Ramlo, while the other two are stated to be collaterals of the latter. They are Thakurs of village Udapur, which is four miles from police-station Kant in the District of Shahjahanpur. Charan Singh has been found guilty under Section 302 I. P. C. and sentenced to death, and the Sessions Judge has made the usual reference for confirmation of his death sentence. The other four appellants have been convicted under Section 302 read with Section 149 I.P.C. and awarded life imprisonment each. The appellants have also beien found guilty under Section 324 read with Section 149 I.P.C. and sentenced to three years' rigorous imprisonment each. In addition, Charan Singh, Bachchu Singh, Ramlo and Sheo Nath Singh have been awarded two years' rigorous imprisonment each under Section 148 I.P.C. while Chhotey Singh has been sentenced to one year's rigorous imprisonment under Section 147 I.P.C., the imprisonment in each case having been ordered to run concurrently.

(2.) Now, in the same village there resided a Dhanuk -- (a low caste people who inter alia keep pigs) -- family consisting of three brothers, Gopal, Gulzari and Sanwal, out of whom Gopal and Gulzari lived in the same house while Sanwal occupied am adjoining house. Laraiti is the wife, of Sanwal and Munshi their twenty-year old son. Copal's wife is Chameli. Tt is imdeniabJe that in the after-noon of the 30th September 1957 these persons (excepting Munshi) were the victims of violence. Medical evidence has proved their injuries to have been as follows:-- Gulzari: A spear wound deep into the abdominal cavity penetrating the peritoneum and lacerating the large intestine and the bladder; due to the shock and haemorrhage resulting from this injury he died almost instantaneously. Gopal: A punctured wound on the front of the left shoulder, and an abraided bruise on the left arm. Sanwal:- A two inch deep punctured wound on the back and a small incised wound on tile back of a finger of the left hand. Sm. Chameli: A 2 1/4 inch superficial incised wound on the right side of the abdomen. Sm. Laraiti: A scalp-deep contused wound, 1 1/2-inch long, on the head. The injuries of the last four persons were simple, the punctured or incised wounds being caused by spears, and the rest by a blunt weapon like a lathi.

(3.) The case against the appellants may be outlined as follows. There was no previous enmity between the, parties. On the day of the occurrence earlier in the afternoon Sanwal's son Munshi was grazing his pigs at a pond situate outside the village abadi. The appellant Chhotey Singh, who is of the same age as Munshi, came up and taxed Munshi with causing damage to his sweet-potato field with his pigs. Munshi protested that his pigs had not caused any damage and that if any loss had been suffered it must be due to same other person's animals. Chhotey Singh thereupon abused him, and after an exchange of abuse the two young men grappled and gavo each other a few blows with their hands. Munshi extricated himself from the fray, ran home and told his father and uncles about the incident. His father rebuked him and asked him to go back to his grazing and make sure that his pigs did not stray into Chhotey Singh's field. Alt the same time Chhotey Singh returned to his own home and apparently reported to his relatives the indignity of having been given blows by a Dhanuk. Half an hour later the three Dhanuk brothers were sitting at the entrance to their compound when the five appellants arrived in a body. Chhotey Singh carried a lathi while the other four were armed with spears. They demanded to know where Munshi was, to which Gulzari replied that Munshi was not at home but had gone out. The appellants insisted that Munshi was inside the house, and flung abuse. Gulzari objected to their use of abusive language. Incensed by this the five appellants made an onslaught on the three Dhanuk brothers. Charan Singh gave a spear thrust to Gulzari in the abdomen, as a result of which he fell down and died almost at once. The remaining appellants struck the other two Dhanuks. Their wives Chameli and Laraiti rushed out of the house to save their husbands, but they too were not spared, and were given the injuries which have already been described. The hue and cry attracted a number of villagers, on whose approach and rebukes the appellants ran away,