STATE Vs. RAMLAL SINGH

JUDGEMENT

(1.) THIS judgment covers three proceedings, namely death reference No. 3 of 1958 by tile learned Additional Sessions Judge of Shajapur, Appeal No. 69 of 1937 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, Karansingh s/o Devisingh, Ghisasingh s/o Devisingh, Amarsingh, Harisingh sons of Karansingh and Pooriva sons of Prithwisingh who is a servant, Halwaha, of the family have all been convicted under section 302 read with section 19 I.P.C. and sentenced to (sic) imprisonment. His reason for awarding the lesser sentence is the youth of Harisingh and Anarsingh and the fact that if Ghisasingh and Karan has 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 (sic) read with section 149 I.P.C. for attempting to murder Kesharsingh 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 the 19th July 1955 there was a fight between one or more of the member of the family of Devi Singh on the one side, and some of the family members of his brother Kesharsingh on the other, at their village Kolikhera about three miles away from the police Thana at Machalpur. How the quarred 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 outing instrument, and a scratch, on the back of Ramlalsingh, the eldest member of the Devisinghs family. On the other side, of Kesharsingh's family, two members, namely, Jagannathsingh and Fatel Singh sons of Kesharsingh were killed, by a number of head injuries inflicted by cutting weapons. Their father Kesharsingh received four injuries (three on the head) by cutting weapons and a few swelling and contusions; however, he survived.

(3.) ONE of the ladies also recollects that Ramlal Singh further said that he was going to the Thana. Whatever may be the truth of this. Ramlal Singh did arrive at the Thana at about 6 p.m. He gave a statement which has been exhibited by the prosecution, and which is admissible except for one sentence. It may be mentioned even here, that this led to a charge sheet against Keshar singh, and his two sons, though they were dead; otherwise, nothing came out of Ramlal Singh's statement at the Thana, not even any curiosity displayed by the Thana police, or any action, till the party of Keshar Singh arrived.