BALDEV SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants, Rasal Singh and Baldev Singh have been found guilty by Sessions Judge, Jammu, of having murdered one Sansar Singh, the real son of appellant Rasal Singh, and the real brother of appellant Baldev Singh on 26-4-1977 at village Thalwal Tehsil, Jammu. He has convicted both of them Under Section 302 R. P. C. and sentenced them to imprisonment for life and a fine of Rs. 500/-each. The appellants have appealed against their conviction and sentence. Alongside the Sessions Judge has also made a reference for confirmation of the sentence of imprisonment for life imposed on them. This judgment will dispose of the appeal as well as the reference.

(2.) APPELLANT Rasal Singh, as the prosecution story goes, had partitioned his property amongst himself and his three sons, Karnail Singh, Sansar Singh and Baldev Singh. One room which had fallen to the share of Baldev Singh had, however, remained in possession of Karnail Singh where he had stocked hay, He not having vacated the said room, a Panchayat was called by the appellants on 26-4-77 in the village. Among others, it was attended by Sant Singh, Lakhan Chowkidar, Karnail Singh, Sansar Singh and Gulzar Singh, The Panchayat, however, failed to bring about the desired result and appellant Rasal Singh was compelled to declare that he would refer the matter to police and get the room vacated through their help. The Panchayat dispersed and the appellants also left for their houses. Soon thereafter, they came back armed with weapons. Hardly had Sansar Singh and Lakha Chowkidar moved up to the heap of cow-dung which was lying at a short distance from the place where the Panchayat had convened its meeting Sansar Singh was accosted by the appellants who declared that it was he who was at the bottom of all the trouble. Appellant Baldev Singh who was holding an axe (Chhavi) in his hand inflicted a blow with it on the head of Sansar Singh which sent him reeling on to the ground. While he was about to fall, appellant Rasal Singh who was having a sword with him took it out from the sheath and inflicted a blow on Sansar Singh which landed on his face. He inflicted two or three more blows with the sword on his chest while he lay flat on the ground. Mst. Boli wife of appellant Baldev Singh and Sansaro wife of appellant Rasal Singh were also accompanying the appellants. Mst. Boli had a stick (Danda) in her hand. While Gulzar Singh was trying to snatch away the stick from her, Baldev Singh appellant inflicted an axe blow on his head but no injury could be caused to him and only the towel which he was wearing on his head was cut. Two or three more blows were inflicted on him which also he could save with the help of the stick he was trying to snatch away from Mst. Boli, though in the process he received a minor injury on his left hand thumb. Kamail Singh caught hold of appellant Rasal Singh and took both his hand into his fold. Boli gave one blow with the stick to Kamail Singh on his back and hurled another blow at him which incidentally landed on the head of appellant Rasal Singh. Appellant Rasal Singh tried to free his arms from the grip of Karnail Singh and in the process sustained two injuries on his legs with the sword he was holding in his hand. Appellant Baldev Singh having seen Sansar Singh lying in a dangerous condition, ran away from the place of occurrence. Gulzar Singh succeeded in snatching away the sword from appellant Rasal Singh. Both Gulzar Singh and Lakha Chowkidar who had witnessed the whole occurrence, went to the police station Sadar, Jammu, and lodged a verbal report of the occurrence with it on the same day at 7-45 P. M. A case Under Section 307 R. P. C. was registered against the appellants. Gulzar Singh also produced the sword he had snatched away from appellant Rasal Singh which was seized and also sealed by the police. The injured Sansar Singh who had been admitted to S. M. G. S. Hospital Jammu, ultimately succumbed to his injuries. Consequently offence Under Section 307 R. P. C. under which a case was initially registered against the appellant was converted into 302. R. P. C.

(3.) ON the same day another case Under Sections 324 and 325 R. P. C. was also registered with the same police station against Gulzar Singh and Karnail Singh on the report lodged by appellant Baldev Singh. The police 1982 Cri. L. J. /69 swung into action. Statements of a number of witnesses including the four eye witnesses, namely, Gulzar Singh, Karnail Singh, Lakha Chowkidar and Mst. Kamla were recorded Under Section 161 Cr. P. Code. The deceased Sansar Singh while he was still alive was got examined by Dr. Prithvi Raj Sharma Casualty Medical Officer, S. M. G. i S. Hospital, Jammu, who found the following injuries on his person: