STATE OF RAJASTHAN Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THE prosecution story, as accepted by the trial court, in brief, is that there was a labour Union of the workers of the Sadul Textile Mills Ganganagar. Accused Bala Prasad was its Propoganda Secretary. He was also working in the Mills. On October 6, 1965, he for some reason or other was removed from his job by the Mill -Management. This led to a labour strike. It commenced from October 11 and lasted till October 18, 1965. The Mills worked in 3 shifts of 8 hours each. The first shift started at 7 a.m. the second at 3 p. m , and the third one at 11 p.m. Workers Mahendra Shingh, P.W. 1, and Jai Kishan, P.W 3, did not join the strike. Mahendra Shingh worked in the shift, which began at 7 a. m. His brother Shital Singh and Jaikishan, P. W. 3, joined, the shift, starting at 11 p.m. On October 13, 1965 Jai Kishan went to Shital Shing's quarters at about 9 p. m. He took, as usual some rest there. At about 10.30 p. m., Jai Kishan and Shetal came out of the quarters and proceeded towards the Mills. They met Bhim Sen on their way. Mahendra Singh, P. W. 1, also followed them just to close the door of his quarters. Jaikishan, Shital and Bhim Sen hardly covered a distance about 20 ft. when they were confronted by the accused Bhagwan Singh, Tapasvi Shiv Charan, Bala Prasad, Jogendra Singh Malkan Sing, Lal Sing and 2 others, namaly, Nathu and Gingaram, who were strikers. They were armed with sticks The accused Bala Prasad told his friends that as Shital was going to the Mills with his co -workers he should be put to death There upon all the seven accused as also Nathu and Gangaram beat Shital with their sticks Mahendra Singh, P W. 1, and Jai Kishan, P. W 3, raised an alaram, whereupon the accused persons ran away. Jai Kishan, Mahendersingh, Fakir chand and Bhim Sen then took Shital to his quarters. After about 20 minutes Mr. Sondhi, an officer of the Mills, arrived on the spot in a jeep car. Shital was taken to the police station Kotwali. Ganganagar, in the vehicle. Mahendra Singh also accompanied Shital. First information report of the occurrence was lodged with the above police station that very night at about 11 Padam Singh, P.W. 8, Station House officer registered a case under Section 307/159 I. P. C, and investigation was taken in hand. Shital was sent to the Government Hospital, Ganganagar, for medical examination. Dr. S. N. Vyas, Medical Jurist, examined him that very night at 11 p. m. He found the following injuries on his person:

(2.) ON October 15, 1965, Shital breathed his last in the hospital at 11. 30 a. m. Dr. Vyas conducted the autopsy of the dead body of Shital. He noticed the following injuries on his body.

(3.) ON October 14, 1965, Dr. Vyas also medically examined Lal Singh, Bhagwan Singh and Malkan Singh. He found 8 injuries on the person of Lal Singh. Of these, injuries Nos. 2 and 3 were grievous. He found 1 simple injury on the person of Bhagwan Singh and 10 injuries, including one grievous hurt, on the body of Malkan singh. When Shital died on October 15, 1965, case under Section 307, read with Section 149, I. P. C, was altered into one under Section 302/149, I. P. C. The police prepared a site plan (Ex P. 5), recovery memo of the blood stained clothed of the injured Shital Singh (Ex P. 9), inquest report (Ex. P.10) and arrest memos of the accused Shiv Charan, Jogendra Singh, Tapasvi and Bala Prasad (Ex. P. 11 to Ex. P. 14 respectively). After the investigation was brought to a close a challan was put up by the police in the court of the Munsiff -Magistrate, Ganganagar That court conducted perliminary inquiry in accorcance with Section 207 -A. Cr. P.C , and committed the accused (J) Bhagwan Singh. (2) Tapasvi, (3) Shiv Charan, (4) Bala Prasad, (5) Jogendra Singh, (6) Malkan Singh and (7) Lal singh to the court of Sessions Judge, Ganganagar, to face trial for offences, punishable under Sections 302 and 148, I. P. C. On February 14, 1966, the trial court reframed the charges under Section 148, and S 302, read with Section 140, I. P. C , to which the accused did not plead guilty. In support of its case the prosecution examined 8 witnesses. Mahendra Singh, P.W. 1, Fakir Chand, P.W. 2, and Jai Kishan, P. W. 3, were the eye witnesses of the occurrence. P.W. 5 Dr. S.N. Vyas conducted autopsy of the dead body of Shital P.W. 4 Harvendra Singh scribed the first information report. P.W. 6 Shanker Vasisth, P.W. 7 Allah -din and P. W. 8 Padam Singh associated themselves with the investigation. In their statements, recorded under Section 342, Cr P.C., all the accused denied the indictment. Accused Bhagwan Singh further stated' that he was a member of the executive committee of the labour union. Bala Prasad was its Propaganda Secretary He was removed from his job on October 6, 1965. by the Management of the Sadul Textile Mills. This led to declaration of strike with effect from October 11, 1965. On October 13, 1965, at 10:30 p. m. Shital, Mahendra and others came to his colony. Shital hit him on his head with a stick and then took to his heels. Thereafter he went to the office of the labour union, where he narrated the whole episode to Jogendra Singh, Shiv Charan, Tapasvi and Bala Prasad. All of them, except Tapasvi, went to the colony and found the gate of Lal Singh's house wrecked. They asw Nand Kishore lying badly injured. Accused Lal Singh added to his statement of denial that he was a member of the labour union. He, Malkan Singh and others were sitting in house No. 175 on October 13, 1965, at 10.30 P. m. Shital, Mahendra Singh, Hanstaj, Deen Bandhu, Mohan and Kishan arrived there and broke open the gate of Lal Singh's quarters. They also gave beating to him and to Malkan Singh. They took him with them. On the way some one threw a brick which hit Shital on the back of his head. Shital fell down on the road with his face downwards. The associates of Shital then called him and Malkan Singh in the Mills boundary They tied their hands on their backs and threw them on the bricks. After some time Shankerlal, S, I , visited the spot and he untied their hands Shital and his companions were armed with sticks. The rest of the accused persons besides denying the charges deposed that the correct position had been unfolded by Bhagwan Singh and Lal Singh. In their defence, the accused examined D.W. 1 Kedar Nath and D.W. 2 Arjun Singh. The trial court, by its judgment, dated April 29. 1966, convicted the accused Tapasvi under Section 325, I. P.C. and sectenced him to three years, rigorous imprisonment. It also convicted him under Section 148, I. P.C , and sentenced him to six months' rigorous imprisonment. Both the sentences were directed to run concurrently. The rest of the accused were convicted under Section 148, I. P.C, and sentenced to six months' rigorous imprisonment each They were further held guilty under Section 325, read with Section 149, I. P, C and sentenced to 18 months' rigorous imprisonment. Both the sentences were ordered to run concurrently.