CHAND SINGH Vs. STATE

JUDGEMENT

(1.) THIS judgment will dispose of two appeals one by the nine convicts Chand singh, Nek Singh son of Budha Singh Inder Singh, Bhan singh, Sarwan singh alias Sarbha, Bachitta singh, Nek Singh son of Ishar Singh, Bachan Singh and Besakha Singh (Criminal Appeal No. 521 of 1963) from the convictions and sentences under sections 304 (II), 324, 326 and 323, Indian Penal code and the other by the State directed against the acquittal of these convicts under Ss. 302/ 149, 148, and 452 Indian Penal Code (Criminal Appeal No. 738 of 1963 ).

(2.) ALL the convict-appellants reside in village Barhe and their houses are very near to that of Mohna Singh P. W. ; indeed the house of Bhan singh appellant is just opposite to that of Mohna Singh. Nek Singh and Bachan Singh appellants are brothers. Inder Singh and the other Nek Singh are also brothers and bhan singh and Besakha Singh are also brothers while the remaining three appellants, Chand Singh Sarwan Singh and Bachittar Singh are not related to each other, though according to the prosecution all the nine convicts belong to one party and are collateral's. The only common bond between the appellants is the close proximity of their houses and the cause of the entire trouble which culminated in the death of Sarwan Singh son of Mohna Singh P. W. was the wall which was being erected by the deceased his father brothers and sister- a structure which would have stopped the passage of the appellant from the lane in front of Mohna Singh's house.

(3.) ACCORDING to the prosecution the nine appellants of whom Nek Singh son of Budha Singh, Besakha Singh son of deva Singh and Bachittar Singh were armed with gandasas and the others with barchhas, went to the house of Mohna Singh at 10 a. m on 18th of December, 1962 where he was sitting with his sons Sarwan Singh deceased, Surjan Singh, Mohar Singh and his daughter Chetan Kaur. Chand Singh exclaimed: "laharo tusin the Kimen Kandh banande ho" (O' Loharo; how are you building a wall here ). Sarwan Singh alias Sarbha caught hold of Sarwan Singh deceased by his arms and Besakha Singh gave a gandasa blow with its sharp side on this leg. Thereafter, Sarwan Singh was dragged out from his house while Mohna Singh Surjan Singh Mohar Singh and Chetan Kaur tried invasion to rescue him. After Sarwan Singh has been brought out of his house, Bhan Singh gave a barchha blow on the right side of Sarwan Singh. Bachan Singh appellant gave blows to Sarwan Singh and Sarbha wielded his barchha which caused a scratch on his left thigh. Further blows were given by the other appellants to Sarwan Singh deceased, Chetan Kaur and surjan Singh. After the accused had run away, Sarwan Singh was taken inside the house in apprecarious condition. No resident of the lane came there as the neighbors did not like Mohna Singh erecting a wall outside his house to obstruct their passage. Mohna Singh accompanied by Sucha Chowkidar went to Pokcie Station Boha which is at a distance of five miles from village Bareh and the report (Exhibit P. A.) was lodged at 1-30 p. m. while some constables returned to the village with Mohna Singh the Sub-Inspector reached the place of occurrence on the noon of 19th December 1962, and recovered bloodstained earth both from inside and outside the house of Mohna Singh. On the 20th of December 1962, all the nine convicts surrendered themselves and were taken under arrest. As a result of the disclosure statements made by them, recoveries of three barchhas and three gandasa were made form Bachhan Singh, Bachittar Singh, Nek Singh son of Budh Singh, Besakha Singh Inder Singh and Chand Singh. Except the barchha which was recovered from Bachha Singh memo Exhibit P. N. 1, all the other weapons were not found at the time of their recovery according to the different memos prepared at that item to be stained with blood. The barchha recovered as a result of disclosure statement made by Bachan Singh was found stained with blood. All these recoveries were made in presence of Mal Singh, Inder Singh and Jagir Singh. According to the report of the Serologist however two of the gandasas and one of the spears recovered and sent to him for examination with the earth etc. were found to be stained with human blood.