SURRINDER SINGH Vs. STATE

JUDGEMENT

(1.) SIXTEEN persons, namely, Chain Singh, Krishen Singh, Puren Chand, Banka Ram, Surrinder Singh, Tara Chand, Mohan Lal, Wuryam Singh, Paras Ram and Ram Lal, were tried in the court of the Sessions Judge, Jammu, on various charges arising out of an occurrence in which one person, Balwant Singh, lost his life and several others persons got injured. On consideration of the evidence, the learned Sessions Judge, convicted Surrinder Singh, Sindhoor Singh, Banka Ram and Tara Chand under Section 302 R. P. C. read with Section 34 R. P. C. and sentenced each of them to imprisonment for life. Accused Mohan Lal, Paras Ram and Puran Chand have been convicted under Section 326 R. P. C. and each of them has been sentenced to undergo imprisonment for four years and pay a fine of Rs. 20/ -, in default, to suffer further imprisonment for two days. They have been further convicted under Section 148 R. P. C. and sentenced to two years imprisonment each. Ajit Singh and Chain Singh have been convicted under Section 324 R. P. C. and sentenced to two years rigorous imprisonment each. The accused have been convicted under Section 323 R. P. C. and sentenced to one years rigorous imprisonment each. They have been further convicted under Section 148 R. P. C. and sentenced to under go two years rigorous imprisonment each. The learned Sessions Judge has ordered that the sentences in each case shall run concurrently. The accused have filed two separate appeals Nos 9 and 10 of 1978, and, challenged the convictions and sentences imposed on them. Along side the learned Sessions Judge has made a reference, being reference No 32 of 1978, for confirmation of the sentenced of life imprisonment imposed on Tara Chand, Surinder Singh and Banka Ram As the two appeals and the reference arise out of the same judgment, they were heard together and will be disposed of by this single Judgment.

(2.) THE prosecution case unfolded in the first information report is as follows; Janak Singh, complainant, is an ordinary resident of village Musa Chak. He owns a house there. He has another house and, moreover, some allotted land in village Agwan. On 29 -7 -1973, at about 8.33 A.M. the complainant Janak Singh, accompanied by his deceased brother Balwant Singh and another brother, Nasib Singh P. W. and cousin brother Gian Singh P. W. and cousin brother Gian Singh P. W. came to the village Agwan for plainting paddy seedlings in the land. His companions went on the land he himself came to his house for getting the plough. The accused Chain Singh and others had assembled in the house of Ram Lal just opposite the complainants house. They were armed with axes, lathies and swords. The complainant had hardly opened the door of his house when Chain Singh tried out come with me let us settle things" and there upon, he together with Ram Lal Krishen Singh Munshi Ram and Puran Chand trespassed into to the complainants compound and assulted him with lathis and axes, on the complainants right elbow and others be laboured him with the lathis. Puran Singh unsuccessfully tried to hit him with his sword. The complainants raised an alarm. His alarm attaracted Balwant Singh, Gian Singh and Nasib Singh to the spot. On seeing them, Banka, Pritam Lal, Surinder Singh, Ajit Singh, Mohan Indru, Sindhoor Singh, Wuryam Singh, Janak Singh, and Munshi Ram trespassed into the compound of the complainant and attacked them with swords, axes, and Lathis. Banka accused inflicted one blow with his axe on the right arm of Balwant Singh. Sindhoor Singh accused dealt one blow with the sword on the back side of his neck. Surrinder Singh inflicted two blows on his head with an axe. Tara Chand inflicted one blow on his right leg with an axe Balwant Singh fell down on the ground and, while he was still trembling, Munshi accused strack yet another blow on his left fore -arm with an axe. In the meantime, Puran Chand attacked Gian Singh with his sword Gian Singh warded off the attack with the help of Kehi (pick axe). Puran Chand fell down on the ground. Thereupon, Gian Singh inflicted blows with his Kehi on the head of Puran Chand Ajit Singh assaulted Nasib Singh and inflicted one blow on his right arm with his axe. Indru and Pritam Lal belaboured him with lathis. On hearing the noise, the sister of the complainant namely, Krishen Devi, and three more persons namely Dwarika Nath, Devi Singh and Jagdev Singh arrived on the spot. Jagdev Singh implored the accused not to beat the complainant party but they did not heed the request and felt rather offended so much that they openly declared to kill him. Thereupon Jagdev Singh snatched the axe from Krishen Singh while the latter was picking up the injured Puran Singh from the ground and started waiving it in order to scare away the accused flee for safety The accused however, followed him close on his heals. His sword touched wuryam Singh and few other accused persons and caused injures to them. The injured Balwant Singh Gian Singh Nasib Singh were removed to the hospital at R. S. Pura On 30 -7 -1973 at about 1.30 A. M. Balwant Singh succumbed to the injuries and passed away. It has been suggested that certain disputes existed between Ram Lal accused and the complainant, Janak Singh, which had embitterted and bespoiled the relation between the parties. One such dispute concerned the right of way, Ram Lal had claimed a right of way over the compound of Janak Singh for his house. Janak Singh had refused to accept the claim and the controversy had become the subject matter of litigation in the court of the Tehsildar. The other dispute related to the alloted land left by one, Hari Chand deceased, under survey Nos. 277 and 278 in village Agwan. Upon the death of Hari Chand the land had been kept on Superdnama with Hari Singh, the father of the complainant. The land was in the cultivating possession of Janak Singh who held it in such possession even during the life time of the deceased Hari Chand. Ram Lal wanted to occupy the land forcibly and grab it. He was able to enlist the support of the other accused and all of them together embarked upon and enacted the criminal venture on the fateful day.

(3.) THE defence version, as given by Sindhoor Singh, Paras Ram, Krishen Singh, Ram Lal, Puran Chand and Wuryan Singh was that on the fateful day a quarrel arose over the disputed "Rasta" between Ram Lal and the complainant -party consisting of Gian Singh, Nasib Singh, Janak Singh, Jagdev Singh, Dwarika Nath, and Krishena Devi. The complainant party attacked the accused Ram Lal with lathis and axes. Ram Lal raised an alarm. His alarm attracted Krishen Singh, Puran Chand, Wuryam Singh, Paras Ram and Sindhoor Singh to the spot. They tried to rescue Ram Lal accused, but the complainant party beat them and caused them injuries. The other accused persons have pleaded, alibi.