KALUSINGH MOTISINGH Vs. STATE OF M P

JUDGEMENT

(1.) ALL the three proceedings arise out of the Judgment of 30-6-1962 by the learned additional Sessions Judge, Ujjain, in the trials numbered 24 to 28 of 1962, on the consolidation of five separate commitments by the First Class Magistrate Khach rod, relating to a serious incident, on the 2oth September, 1961, at village called bhilsuda, in the police station area of Nagda. The death reference has been made for the confirmation of the sentence of death under Section 302 read with 149 indian Penal Code on six persons, namely, Kalusingh, Nir-bhayasingh, Ambaram, jujharsingh, Ratansingh son of Hindusingh, and Chhatarsingh. They, as well as ten others, namely, Anarsingh son of Ramsingh, Bagdiram son of Bherusingh, bherusingh son of Rupaji, Ramsingh son of Fakkaji, Pyarji son of Ghasi, onkarsingh son of Bherusingh, Ratansingh son of Amarsingh, Hindusingh son of narsingh, Navalsingh son of Sewaji and Dhanna son of Bheru-singh have appealed in two batches. Those who have not been sentenced to death, have also been convicted under Section 302 with 149 Indian Penal Code and awarded imprisonment for life. In addition, there are convictions of all these persons under sections 147 and 149 Indian Penal Code with sentences respectively for two years and three years which are to run concurrently with the sentences under Sections 302/149. All the charges here, it may be noted, (are) as recast in the Sessions court. One more accused was on trial, she being Nandibai wife of Hindusingh. She was acquitted by the learned Sessions Judge; but she will be referred in course of the Judgment in connection with the facts.

(2.) THESE sixteen appellants are all Bhils most of them closely inter-related and fall into three groups, the most important and numerous being that of Hindusingh and including Hindusingh himself and his two sons Ratansingh and Chhatarsingh and his two nephews Ambaram and Jujharsingh sons of his brother Tamsingh, and kalusingh another nephew being the grandson of a first cousin, and Pyarji son of ghansi who is the brother-in-law of Jujharsingh; the group of Bherusingh including bherusingh himself and his three sons Dhanna, Bagdifam and Onkarsingh; in the same group there id Navalsingh who is Bherusingh's uncle and Anar-aingh bherusing's' first cousin through another uncle. The appellants Pyarji and jujharsingh are also related to this group, having married two cousins of navalsingh. The remaining three namely, Ramsingh son of Fakkaji, Nirbhayasingh son of Bhag-wansingh and Ratansingh son of Amarsingh, are not directly interrelated but are connected indirectly with members of one or the other of the two main groups, that is, Ratansingh son of Amarsingh is the brother-in-law of nirbhayasingh who is a relation by marriage of the Hindusingh family. Eamsingh son of Fakkaji is a foster brother of Kalusingh's wife having ceremoniously tied a rakhi to her which in this group is said to imply brotherly loyalty. Of the whole lot, the Hindusingh group and Hindusingh personally, are the virtual leaders and are spoken of as the patel's family and the patel, though it is not clear whether the particular office is held by Hindusingh himself or one of his brothers. The largest element in the village are the Bhils who unlike their fellow tribesmen elsewhere in the State, are here a settled agricultural population with some modicum, of literacy; the point is that they claim to be, high caste Hindus, not much inferior to the Rajput Thakurs. Next in numbers in that village come the bagris who are considered to be a much lower caste; besides, they are comparative new-comers to the village and the evidence shows that they are looked upon by the Bhils with some dislike and general unfriendliness; but till this incident the differences between the two groups in general have been little more than the usual type of village quarrels about cattle trespass and the like. The bagris had throughout tacitly accepted a position of inferiority to the Bhils who, for their part, had been treating them with the contempt by no means unusual in a caste-ridden society. Besides the two castes, there do appear to be a few families in the village belonging to other castes like Balais, who also acquiesce in being treated as low in the scale as the Bagris, and a few artisans shopkeepers etc. As far as the other castes are concerned, we have three witnesses of comparatively little consequence, belonging to them; otherwise this story concerns Bhils and bagris alone.

(3.) FROM Bhilsuda to the thana head-quarters at Nagda 6 to 8 miles away, the shortest means of approach is by a footpath across the fields going more or less due north. There is also something like a road but then one has to go somewhat to the east to another village and take a detour. Similarly, it is possible to cover part of the way by train going a few miles to a railway station at Piploda and then entraining to Nagda. The difficulty, however, is that trains are few and far between on that line, and anybody wanting to save himself the trouble of walking 5 or 6 or 8 miles, may have to wait for hours.