BIRBAL Vs. MANDAR SINGH

JUDGEMENT

(1.) This appeal has been filed against the judgment of the Additional Sessions Judge, Ferozepur, dated 30th March 1989, whereby he has acquitted the accused for an offence under Section 302 of the Indian Penal Code.

(2.) The appeal arises out of the following facts: Rati Ram deceased was a tenant in possession of about 7 killas of land belonging to Chand Kauri accused and her other two sisters, situated in village Daulatpura. Chahd Kauri and her sisters, however, got the Khasra girclawari for the Han 1987 changed in their names on which Rati Ram filed a civil suit and obtained a stay order in his favour. About 20/25 days before the occurrence, Chand Kauri sold this land to Modan Singh accused of village Daulatpura: On 4th July 1987, Birbal alongwith his wife Rameshwari, son sahib Ram, Kalawati wife of Ram Jas, his brother Balwant and Balwant's wife Morra were weeding the cotton fields while Rati Ram was sitting on one side. At about 10 A.M., two tractors one driven by Mandar Singh accused and the other by Raghbir Singh alias; Pappu accused came to their fields and while Rajinder Pal Singh alias pala, Jasbir Singh alias Bira Singh, Gurdev Singh alias Jagdev Singh, sons of Madan Singh armed with gandasis got down from one tractor, Modan Singh armed with a pistol, Inder sam armed with a dang and Chand Kauri empty handed got down from the other tractor. Soon thereafter Rajbir Singh alias Pappu and Mandar Singh accused started ploughing the cotton fields with their tractors, on which Rati Ram tried to obstruct them by standing in front of the tractor and informed them that he had a stay order of a civil Court in his favour and even produced the copy thereof and told them they should not plough the cotton crop. He was however, attacked by Jagbir Singh alias Bira, who gave a gandasi blow on his head on which he fell down on the ground. Pala Singh then gave a gandasi blow on his left shoulder whereas Gurdev Singh also caused him injuries with his gandasi on the back and the head. Parmeshwari went forward to rescue Rati Ram on which Pala Singh gave two gandasi blows to her, one of which hit her on the writs joint and the other on the left thigh. The accused then went away along the tractors. A first information report was accordingly lodged against all the accused in Police Station Khuian sarwar. During investigation however the police found that Rati Ram had, in fact, been murdered by his grandson Sahib Ram son of Birbal and for this purpose recorded the statements of Han Chand, Balwant Singh and Paramjit Singh and a challan under Section 302 I.P.C. was put up against Sahib Ram, whereas Modan Singh, Jasbir Singh, Gurdev Singh, Rajinder Pal Singh, Sukhminder Singh and Rajbir Singh were found by the investigating officer to have committed offences under Sections 148/149/447/506 I.P.C., and a challan was accordingly put in against all the accused above. Chand Kauri and Inder Sam were however found to be innocent, and their names were shown in column No.2.

(3.) As Birbal the complainant found that things were not gong their way, he also filed a complaint against the accused for having committed the murder of Rati Ram and the accused were summoned.