BALWANT RAI Vs. STATE

JUDGEMENT

(1.) THESE two appeal are against the conviction and sentence of Balwant Rai who was tried alonwith his father for offence punishable under section 302 read with section 34 R.P.C. In a short judgement pronounced on 26 -12 -1983, we allowed the appeals and set aside the conviction and sentence against him. Our reasoned Judgement follows : -

(2.) NAND Lal and his two sons Balwant Rai and Karan Singh were accused of having committed five murders. According to the prosecution, there was long standing enemity between Nand Lal on the one hand and Bua Ditta and Tarsem Lal on the other. There was an attempt to settle the disputes between them and accordingly a meeting was convened on 26 -4 -1975 at 7pm at the resident of Mela Ram Chand, Kans Raj, Jhalla Ram and Balwant Rai participated. When the talks of compromise were going on, Karan Singh came to the place and took Balwant Rai with him. After some time Karan Singh came again and asked Bua Ditta to accompany him to the Haveli to see his father Bua Ditta left the meeting and went alongwith Karan Singh. After a short while Nand Lal came and asked Resal Chand to accompany with him telling that Bua Ditta was calling him. Resal Chand left the place with Nand Lal Bua Ditta and Reasal Chand did not thereafter come back. On this Tula Ram sent Kans Raj to enquire about them. Kans Raj also did not come back. Those present at the meeting thereupon went to the Haveli of Nand Lal. Then they saw the dead bodies of Master Bua Ditta and Resal Chand cut wounds on their neck lying under the cots in a pool of blood. They proceed to the Police post they saw Nand Lal and Balwant Rai. On enquiry Nand Lal told them that he , Balwant Rai and Karan Singh had Killed Bua Ditta, Reasal Chand, Lohari Ram, Sansar Chand and Kans Raj Balwant Rai admitted before them that he and other accused had killed the above -mentioned persons.

(3.) TULA Ram, Tej Ram, Vikal Chand, Hans Raj. Bishan Dass and Moti Ram, reported the matter to the police post. They produced Nand Lal and Balwant Rai before the police. The report was made at 20 -30 hrs. At 22 -30 hrs on the same day Sansar Chand S/o Ram Krishan had made a report to the same police post to the effect that he, his father and Lohari Ram had seen Nand Lal and his son Karan Singh one Killometer from the bus stand. Karan Singh had a rifle with him. He and Nand Lal threatned to settle the dispute between them then and there Karan Singh Immediately fired at Lohari Ram who fell on Sansar Chand, Sansar Chand Caught hold of Nand Lal when Karan Singh fired another round on Lahori Ram which hit him and he fell on the ground Though Ram Krishan pleaded with Karan Singh not to kill his father, Karan Singh threatned him with the same fate whereupon Ram Krishan ran and hide himself under the bushes. He heared another fire shot and shriekes of his father He Immediatly ran to the police post to report the matter.