MEHTAB SINGH Vs. STATE

JUDGEMENT

(1.) THE incident pertains to the Nagrotta Refugee Camp and the bone of contention is a woman by name Raj Kaur who it seems does not dislike the idea of having some romance, though at the expense of causing mental agony to her husband and lot of hardship to others. The story of the prosecution is that on 1st Baisakh 2007 she had gone to her mother residing in the same camp with the permission of her husband. She, it seems, left her mother's place on the same day and was later on seen in the company of the accused and his father near the check-post Nagrotta. She was on the way towards Jammu, when her husband Kala Singh was apprised of this fact and he ran post-haste towards the check-post where he caught hold of his wife and brought her back to his bent. The accused Mehtab Singh did not, it seems, like that his attempt at carrying away the woman should have been frustrated so easily and next day at about 10 in the night he accompanied by his father namely Pratap Singh, his brother by name Teja Singh and another person of the name of Dayal Singh went towards that part of the camp where Kala Singh had his tent. While the accused persons were on their way to the place of occurrence, they were noticed using filthy and indecent language with respect to Kala Singh and others, and when they reached near the lent of Kala Singh, they were accosted by Sher Singh who is described as the monitor of that part of the camp. Sher Singh tried to dissuade them from acting in a disorderly manner and asked them to go back with the assurances that if they had any grievance against Kala Singh, that could be attended to next morning. A scuffle is said to have ensued between Sher Singh and Mehtab Singh accused appellant in which Mehtab Singh gave a deadly blow on the head of Sher Singh which caused his death a few days later. Mehtab Singh and his associates were proceeded against in the Court of the Munsiff Magistrate Jammu who committed them to the Sessions. The other three accused by name, Pratap Singh, Teja. Singh and Dayal Singh have gone into abscondance and I believe proceedings under Section 512, Criminal Procedure Code have been taken against them. Mehtab Singh was found guilty under Section 304(ii) and was sentenced to three years' rigorous imprisonment and to a fine of Rs. 50/-, and in default to undergo rigorous imprisonment for a further period of three months. He was also found guilty under Section 323, R. P. C. for causing hurt to one Jawahar Singh witness and was sentenced to three months' rigorous imprisonment. Mehtab Singh has now come up in first appeal to this Court.

(2.) THE case of the prosecution is that on 2nd Baisakh 2007 the accused persons went over to that side of the camp where Kala Singh lived with a view to abduct the woman Raj Kaur. There is no evidence that the common intention of the accused persons was to carry away the woman by force or fraud on that evening. It does not stand to reason that the accused persons should have gone in a crowded part of the camp at a time when the residents are expected to be inside their tents, to abduct a woman from that place. It is just possible that Mehtab Singh, as already stated, felt frustrated the previous day and then he accompanied by his other friends and associates did go to either over-awe Kala Singh by threats and indecent abuses or even by giving him a beating. But there is ample evidence in the case that these accused persons did go to that part of the camp when they were met by Sher Singh who objected to their presence in such an unruly manner in that part of the camp. A quarrel ensued and of this quarrel we have two versions. One version we find in the F.I.R. which is to the effect that the accused persons came to the camp with the intention of abducting Raj Kaur when Sher Singh objected to their presence on which the accused persons assaulted Sher Singh with lathis and gave him a beating and left him senseless. From the version in the F.I.R. it is clear that all the four accused are described as assailants who gave a concerted beating to Sher Singh. But later on at the trial this version seems to have been altered to this extent that the actual assailant who caused the only and the fatal injury to Sher Singh is described as Mehtab Singh. No part is assigned to any accused so far as Sher Singh is concerned. The same responsibility is being fastened on them for having caused injuries to some other prosecution witnesses but none to Sher Singh. It is further stated at the trial that Mehtab Singh in addition to Sher Singh gave one or two blows to Jawahar Singh as well.

(3.) (After discussing some further evidence his Lordship proceeded :) From the statements of these witnesses - even though one were to take them at their face-value - it does not become clear as to what were the exact circumstances under which Sher Singh was beaten and how many blows were as a matter of fact given to him. My finding in this behalf, therefore, is that Sher Singh died as a result of not only one blow by Mehtab Singh, but as a result of more than one blow which may have been given to him either by Mehtab Singh himself or by his associates. But who gave the fatal blow, we cannot know with the help of the evidence produced in this case.