RAMLAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS judgment covers three proceedings, namely death reference No. 3 of 1957 by the learned Additional Sessions Judge of Shajapur, Appeal No. 69 of 1957 by the condemned man Ramlal Singh, and Appeal No. 83 of 1957 by five others who were sentenced under different sections to be presently set out. The Additional sessions Judge has convicted and sentenced the six accused thus; Ramlal s/o Devi singh under Section 302 read with section 149 I. P. C. , for the murder of Fateh singh and Jagannath Singh and sentenced him to be hanged by the neck until he is dead; the remaining five persons, Karan Singh son of Devi Singh, Ghisa Singh son of Devi Singh. Amar Singh, Hari Singh sons of Karan Singh, and Pooriyawas son of Prithvi Singh, who is a servant, halwaha of the family, have all been convicted under Section 302 read with section 149 I. P. C. , and sentenced to life imprisonment. His reason for awarding the lesser sentence is the youth of Hari Singh and Amar singh; and the fact, that if Ghisa Singh and Karan Singh had also been sentenced to the extreme penalty, "the whole family would be extinguished for ever. " All these six have been convicted in addition under Section 148 I. P. C. , and sentenced to rigorous imprisonment for one year each and under section 307 read with Section 149 I. P. C. , for attempting to murder Keshar Singh and sentenced to rigorous imprisonment for five years each. All the sentences are to run concurrently.

(2.) THE common ground in this case is that sometime in the afternoon of 19-71955, there was a fight between one or more of the members of the family of Devi singh on the one side, and some of the family, members of his brother Keshar singh on the other, at their village Kolikhera about three miles away from the police thana at Machalpur. How the quarrel started, what course it took and what individual parts were played are all the subject-matter of controversy in the present case. But the results are beyond dispute. On one side there was one incised wound on the right arm by a sharp cutting instrument, and a scratch, on the back of Ramlal singh, the eldest member of the Devi Singh's family. On the other side, of Keshar singh's family, two members, namely, jagannath Singh and Fateh Singh, sons of keshar Singn were killed, by a number of head injuries inflicted by cutting weapons. Their father Keshar Singh received four injuries (three on the head) by cutting weapons and a few swellings and confusions; however, he survived.

(3.) THE prosecution case is as follows : Near-about midday on 19-7-1955, Ramlal singh was found moving in the village with a sword threatening to attack Keshar singn and his sons; the immediate provocation or the occasion of this performance is not stated. Common relations and neighbours pacified him and in fact locked him up for a short time till his temper cooled. Ramlal Singh and his relations remained in the village for a time while Keshar Singh went to report to a common relation in a neighbouring village. After a short time Jagannath Singh and Fateh Singh went to ploughing their field at a short distance outside the village. Narayan Sindi about 12 or 13 years of age)grand-son of Keshar Singh and son of Fateh Singh is also said to have gone to the field with his father and uncle. A few hours later Ramlal Singh and the five others namely, his two brothers Ghisa and Kiran Singh, the 2 sons of Kiran Singh and their Halwala, Pure Singh were seen by some of the villagers going with weapons in the direction in which Jagannath and Fateh Singh had gone. They saw Keshar Singh also going in the same direction. But though some of them say that they saw the altercation earlier in the day and had tried to pacify the parties, they did not follow them and show the least anxiety or curiosity about these movements. A short distance outside the village, these six persons turned upon Keshar Singh, and 'attacked him with deadly weapons; Ramlal Singh with a sword, Ghisa and Karan Singh with Pharsas, and the three others Puria, Amar singh and Hari Singh with lathis. The two sons of Keshar Singh saw this from where they were ploughing and ran towards the assailants of their father. Thereupon the six assailants ran to meet them and attacked with then deadly weapons. All the three, father and the two sons fell down, the former at one place and the two latter a short distance away. The assailants came back to the village, Ramlal Singh, shouting that ho had killed all the members of the Keshar Singh's family, and boasting of his deed to the wife of Keshar Singh Jarao Bai and Gulab Bai, Jagannath's wife who were at their house. In fact, Ramlal Singh went further, heartlessly reminded them of the death, some three years before, of the eldest son of their family and gloated that their entire family was becoming extinct.