BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prosecution story, in brief, is that deceased Manna Nath had a threshing ground in village Dorani. Sometime before the occurrence accused Bharat Singh raised a hut over this piece of land. THEreafter Manna Nath filed a suit against Bharat Singh in the Nyaya Panchayat. Friday, preceding the incident, was the date fixed for hearing that case. One Devi Nath (Nath Baba) gave evidence on behalf of Manna Nath. On his return to village Dorani Bharat Singh inquired of him as to what evidence he had given in the matter. Devi Nath told him that he had stated what had occurred to him. Bharat Singh then threatened him. At that time Balram, son of Manna Nath, happened to pass that way. Bharat Singh rushed towards him with a 'jeli. ' Balram, however, escaped. Next day i. e. , on the evening of January 16, 1971, Balram and Chiranji, nephew of Manna Nath, were returning home from their fields. When they reached Bharat Singh's house, Bharat Singh shouted that he would take them to task. Apprehending trouble, Balram and Chiranji changed their route and went towards Puran Brahmin's house. Bharat Singh, Avardan Singh and Arjun Singh rushed towards them and surrounded them in front of Birdha Gujar's residence. Bharat Singh & Avardan Singh were armed with lathis. Arjun Singh was empty-handed. Both Avardan Singh and Bharat Singh gave lathi blows to Chiranji Arjun Singh also participated in the beating. Devi Nath happened to come over there and beseached the accused not to beat Balram and Chiranji but they paid no heed to his advice. On hearing hue and cry Manna Nath arrived at the spot with a 'khuntiya' (a sharp-edged weapon ). On seeing Manna Nath, Bharat Singh and his associates violently advanced to wards him, whereupon Manna Nath gave a 'khutiya' blow on Bharat Singh's left hand. Bharat Singh then gave a lathi blow on Manna Nath's head. Manna Nath fell down. Avardan Singh took up the 'khuntiya' from Manna Nath's hand and gave therewith two blows to him. Arjun Singh is also said to have given a stick blow to him. Meanwhile Mst. Madhi, wife of Devi Nath, reached there. She rescued Manna Nath. Bharat Singh then gave a lathi blow to her head, as a result of which she also fell down. THEreafter accused went away from the spot. Manna Nath was moved to his house. He however, died at about mid-night Next day first information report of the occurrence (Ex. F. l ) was lodged by Bal Ram at police station, Bangod. THE police registered a case and took over investigation. Post mortem examination of the dead body of Manna Nath was conducted by Dr. R. C. Dass Gupta, Medical Officer Incharge Government Dispensary Bangod. Following two injuries were found on the person of the deceased: - (1) lacerated wound 2"x 1/2"x scalp deep 4" above the medial end of the left eye brow; and (2) lacerated wound 1/2" x 1/4" x 1/8'* on the right leg 31" below pattella. In the opinion of the Doctor Manna Nath died due to depressed fracture causing laceration of the brain.

(2.) BALRAM Was also medically examined by the same Doctor. Following two simple injuries were found on his person : (1) tender swelling of upper half of the left arm; and (2) tender swelling 3" x 2-1/2" on the neck. The injuries were caused by a blunt weapon.

(3.) IT has been established beyond reasonable doubt from the evidence of Balram, P. W. 1, Chiranji, P. W. 2, Mangilal, P. W. 4, and Kajod, P. W. 5, that Bharat Singh gave beating to Balram, Chiranji and Mst. Madhi at the initial stage of the combat. The medical evidence given by Dr. R. C. Dass Gupta corroborates this. Bharat Singh, therefore, is clearly guilty under sec. 323, I. P. C. He has been awarded six months' rigorous imprisonment for causing simple injuries and that period has already expired.