TEK CHAND Vs. STATE

JUDGEMENT

(1.) THESE appeals (Criminal Appeals Nos. 398, 399 and 400 of 1961) arise against the orders of Shri B. L. Malhotra, Additional Sessions, Judge, Gurgaon dated the 20th April, 1961, by which he convicted the nine appellants, namely Tek Chand, Dev Nath, Hakam Chand, Jagatari Lal, Deep Singh, Mulkh Raj Premi, Anup Singh, Karan Singh and Rup Chand, all residents of New Township Faridabad, District Gurgaon, under section 332/149, 333/149 and 147, Indian Penal Code, and sentenced each of them to one year's, two years' and three months ' rigorous imprisonment under the respective counts. Mulkh Raj Premi was further convicted and sentenced to imprisonment for life under S. 302, Indian Penal Code. This appellant and Tek Chand were also convicted under S. 19 (f) of the Indian Arms Act and sentenced to six months' rigorous imprisonment each. All the sentences were, however, ordered to run concurrently. Besides the nine appellants, 19 others were also convicted by the trial Judge under sections 332 and 333, read with section 149, and section 147, Indian Penal Code, but were sentenced only to the period of confinement suffered by them as under trial prisoners. Criminal Revision No. 98 of 1961 has been filed by the State against all the 28 accused for the enhancement of their sentence. All these matters will be disposed of by the judgment.

(2.) THE story for the prosecution as given by Shri Ram Labhaya (P. W. 39) and others briefly runs as under: The Rehabilitation Ministry, Government of India, had built quarters at Faridabad New Township, a highly industrial area near Delhi, for allotment to the displaced and other person on certain conditions. If, however, those conditions were not fulfilled and the payment and other charges were not deposited in due time the allotment in favour of the defaulter had to be cancelled and the quarter put to auction. Besides such quarters there were some plots of land also to be sold. On the 28th June 1960, eight such quarters has to be sold by auction under the supervision of P. W. S. Shri Tiwani, Assistant Settlement Officer-cum-Managing Officer, Ministry of Rehabilitation Delhi. He accordingly reached the site of auction in Neighbourhood No. 1 at 9. 45 a. m. and found a crowd of about 1100 persons or even more collected there. They were raising slogans "sawan Singh Mardabad". Some of them were carrying red flags in their hands and were heard raising slogans that they would not permit the quarters to be auctioned. Ram Labhaya Station House Officer, and Moti Ram, Assistant Sub-Inspector (P. W. 33), besides some constables in uniform were present there and so was Shri Sawan Singh, Assistant Settlement Commissioner (P. W. 49 ). Shri Sawan Singh and other officials apprehended some trouble from the Mazdoor Ekta Committee who had issued posters some days before that opposing the above auction. Shri Sawan Singh, therefore, feeling the crowd to be in a violent mood, consulted the other officials of the department who were there and postponed the auction of the quarters. Then Shri Tiwani along with Shri Sawan Singh besides some police officials went to Sawan Singh's office followed by a crowd of about 200 persons or so. They were heard shouting slogans 'mazdoor Ekta Committee Zindabad" and that "the auction of the quarters would not be permitted. " At this shri Sawan Singh sent for five representatives of the Mazdoor Ekta Committee in order to find out their demands. Tek Chand, Hakam Chand and Dev Nath and Karan Singh appellants were amongst them. The representatives of the Mazdoor Ekta Committee put forward certain demands which were conveyed by Shri Sawan Singh to the Ministry as a result of which it was decided that the auction of the quarters which was schedule to take place on the 29th June, 1960 should be postponed. On 29th June Shri Tiwani along with Shri Sawan Singh and others went to Neighbourhood No. 1 where they noticed a crowd of 1000 and 1500 persons. Shri Sawan Singh announced to the crowd the order passed by the Regional Settlement Commissioner with regard to the cancellation of the auction of the quarters. It was, however, announced that the vacant plots would be put to auction in Neighbourhood No. III on that day and that the persons interested in purchasing those plots should turn up there. This announcement was made known through Shri Sushil Rattan P. W. 9. At this the crowd raised slogans of Mazdoor Ekta Committee Zindabad and that by their unity the object was achieved. The members of the crowd were then seen depressing and Shri Sawan Singh along with Shri Tiwani and others came back to Shri Sawan Singh's office.

(3.) ON the 29th June at about 9 a. m. Shri Ram Labhaya, Station House Officer, received a telephonic message from the office of the Assistant Settlement Commissioner Shri Sawan Singh that a mob had collected in front of his office and that the Station House Officer should reach there. Shri Ram Labhaya accordingly along with Shri Mohinder Singh and Shri Moti Ram, Assistant Sub-Inspector, besides 8 or 9 police constables reached the office at 10. 30 a. m. The three police officers were armed with revolves while the constables carried Lathis and handcuffs. On reaching there Shri Ram Labhaya found a huge crowd of about 2000 to 2500 persons collected there who were raising slogans. Shri Sawan Singh, however, announced to the crown that the auction of the quarters had a writing to that auction of the quarters had been postponed but the mob wanted him to give a writing to that effect. This demand was not conceded and the mob was then heard raising anti-auction and anti-police slogans. Tek Chand, Rup Chand, Hakam Chand, Karam Singh, Moti Ram, Dev Nath, Hem Raj, Madan Lal and Prem Singh who were raising such slogans were known to Shri Ram Labhaya before. After this announcement Shri Tiwani along with other officers went to Neighbourhood No. 3 for holding the auction of the vacant plots. Shri Ram Labhaya S. H. O. along with the police force mentioned above also accompanied the said officers. A tent had been pitched on one of the plots to be sold in order to provide shade for the bidders and auctioneers. Some 20 bidders were seen under the Shamiana. The auction started at about 11 a. m. . Soon after the auction started, at about 20 or 25 persons on bicycles reached there in any angry mood raising slogans of "kill or be killed but do not permit the auction to be conducted. " They were followed by a crowd of about 2000 to 2500 persons. Shri Ram Labhaya told the members of the mob that they should behave lawfully as their demand has been concellation of the auction if the quarters had been conceded and that they should not interfere with the sale of the plots, and instructed the mob to keep behind a drain at some distance from the Shamiana, but in spite of these instructions, Hem Raj, Madan Lal and Prem Singh, three persons out of the crowd crossed the drain and manhandled the officials of the auction-party. Shri Ram Labhaya and other police officers arrested these three persons and sent them to the police station in a car. Tek Chand, Rup Chand and Karam Singh appellants, the leaders of the mob went on exciting the crowd and asked them to resort to violence. As a result of this the situation became tense. Apprehending danger, Shri Ram Labhaya sent Moti Ram A. S. I. to Faridabad in order to bring more help. Some members of the mob then began pelting stones towards the police party and the officials if the auctions party and the officials of the auction party as a result of which the situation went out of control. Shri Tiwani along with the other officers who were holding the auction went and took refuge. In a nearly house. Some of the members of the crowd followed them there and caused them injuries by brick-bats. The police party, however in order to save themselves entered into the compound of the houses of ram Chandar and Baksh Ram including Ram Labhaya, Mohinder Singh A. S. I. , Duli Chand, Shiv Kumar, Bakhtawar Singh and Harbans Sings constables. The mob, however chased them there and started throwing stones at them as a result of which quite a number of the police officials received injuries. All the attempts made by the police to pacify the crowd failed. the mob shouted that the police official should not be allowed to escape and that they should be killed. On finding that the situation was extremely grave, Mohinder Singh A. S. I. from behind followed by another who caught him by his long hair. Yet another person format he mob who was a non-Sikh, namely Mulkh Raj Premi, snatched the revolver from Mohinder Singh and fired the same at the latter. The mob all these time kept on throwing stones Singh A. S. I. fell down. Ram Labhaya S. H. O. also then fired three shots with his revolver on the crows. One members of the mob, however snatched his revolver and ran away while another snatched away his hoisted containing live cartridges, Still another member of the mob pulled away his wrist watch and disappeared. Shri Ram Labhaya Also received a number of injuries at the hands of the crows. He was given support by Shiv Dayal P. W. and Duli Chand constable and removed to a neighbouring house from where he was taken in a truck to Badshah Khan Hospital by Moti Ram A. S. I. who had by then arrived with help at the spot. Shri Moti Ram A. S. I. recorded the statement of Shri Ram Labhaya (Exhibit P. A. T,) at the hospital after getting a certificate from the doctor that the injured was in fit condition to make the statement. Shri Ram Labhaya in the truck, succumbed to this injuries before reaching the hospital.