DIDAR SINGH NIHALA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal of Didar Singh, Bhag Singh and Surjit Singh, who have been convicted under Part I of Section 304 read with Section 34 of the Indian Penal Code, for haying caused the death of Risala on 21st of August, 1962, as a result of injuries inflicted on him at the time of sunset on 20th of August, 1962, in village Kaleram. Each of them has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/ each.

(2.) THERE is not much dispute on facts which may briefly be narrated. The appellant Bhag Singh and Phagu are brothers and after the death of their father Moman, there were some differences between them with regard to the partition of land as a result of which Bhae Singh would not permit his brother Phagu to use his toddler cutting machine. Phagu accordingly started using the machine of Risala deceased and did so for 20 or 25 days. Two days prior to the occurrence, Bhag Singh asked Resale not to permit his brother Fhagu to use his fodder cutting machine. Risala did not agree to this. On this, challenges were exchanged between Bhag Singh and Resale. It is not denied that Bhag Singh and the other two appellants are eighth degree collaterals of Resale.

(3.) AT about sunset time on 20th of August, 1962, Resale and his brother Mannha were sitting in front of their nauhra while the appellant Surjit Singh, Bhag Singh and Didar Singh were sitting in front of their nauhra of Didar Singh, Daya Chand and Siri Chand P. Ws. were also sitting in front of their nauhra. All of them were smoking huqqas at the time. Suddenly, Page came to the nature of Resale with a load of green fodder and on seeing him Bhag Singh showered a filthy abuse at Resale. and told him that although he (Bhag Singh) had requested him not to permit Page to use the fodder cutting machine, he (Resale) had paid no heed to it. Risala retaliated in the same language. The appellants Bhag Singh, Didar Singh and Surjit Singh then left the place and went to nauhra of Didar Singh and reappeared armed with lathes. They further shouted a lalkara challenging Risala and Mannha to get ready. They all started abus ing Risala. Mannha and Risala also picked up lathis. Surjit Singh and Bhag Singh gave lathi blows to Risala on his head while Mannha gave a lathi blow to Didar Singh and also to Bhag Singh. Didar Singh gave a lathi blow to Mannha P. W. on his head. Bhag Singh gave a lathi blow to Mannha on the left shoulder; then Surjit Singh gave a lathi blow to Mannha on his right leg. Daya Chand and Siri Chand, who were sitting in the nearby nauhra raised an alarm and the appellants ran away. Risala, who had fallen down on receiving the injuries, was picked up. He was bleeding, Risala was put in a position of repose in his baithak as he had become unconscious and could not speak. Indeed, he never regained consciousness and died on the following day at 12 noon.