ACHHAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by elght persons namely Achhar Singh, Bara Singh, Pyare Singh, Makhan Singh, Hazara Singh, Tara Singh, Pyara Singh 2nd and Santa Singh who have been convicted by the Additional Sessions Judge, Ganganagar on 30th August, 1952, under secs. 148, 302 and 307 reas with sec. 149 I. P. C. Each one of them has been sentenced to one year's rigorous imprisionment under sec. 148 I. P. C. and to transportation for life and to seven years' rigoruus imprisonment under secs. 302 and 307 reas with sec. 149 I. P. C. respectively.

(2.) THE fact giving rise to this case are that on the 15th of May, 1950 at about 12 in the noon one Karamsingh, son of Basawansingh, resident of 8 N. N. B. in the district of Ganganagar lodged a long report at the Police Station, Pandampur which is about five miles distant from the site of occurrence. THE said report, in brief, was that a murraba of land belonging to the Government was allotted to Makhansingh, Pyarasingh and Tarasingh, sons of one Jagsingh for temporary cultivation for one year. Its term of one year had expired after the last crop but these persons had cultivated kharif crop and, therefore, his father who was a mir-ab forbade them from watering that murraba until it was allotted to them again. His father had also told them that no water would be supplied to that plot and, therefore, these people had a grouse against him. On the afternoon of 13th May, 1950, he had begun watering his plot at 2 O'clock and when he had watered it! for only four hours, the flow of water began to decrease. THEreupon he went to the moga to find out the reason for the same. He found that Hazara-singh, Tarasingh, Acharsingh, Makhansingh, Pyarasingh, Barasingh, another Pyarasingh, Bantasingh and Santasingh (appellants) were standing there. THEy were armed with 'burchhas and guns' and had diverted the water in the murraba of one Amarsingh and when he asked them why they had done so, they replied that they were under the impression that it was his further's turn and, therefore they had done so because he did not allow Makhansingh, Tarasingh and Pyarasingh to take water into their murraba. THEy also asked him to send his father in order to decide the matter. He then went back and narrated the story to his father Next day at about 8 O'clock in the morning his father accompanied with Tejsingh, Kripalsingh and Sam-puransingh went to the 'moga'. He himself and his uncle Badhawasingh with Surayan-singh, Mukhtarsingh, Balwantsingh and Channasingh also accompanied them. At that time one Phangansingh was watering his filed. His father asked him (Phangansingh) why he was watering his filed when it was his turn to water his filed. THEreupon Phangansingh replied that he had taken his turn rightly after Amarsingh. At that very time Mahalsingh, Bantasingh, Santasingh, Barasingh Pyarasingh, Achharsingh, Hazarasingh, Pyarasingh, Makhansingh and Tarasingh (appellants) came there from the side of Achharsingh's house. All of them had burchhas in their hands except Mahalsingh who had a gun in his possession. As soon as they reached 'killa No. 25' belonging to Barasingh, they challenged Basawasingh's group and said that they would get the water diverted. THEreupon the arbitrators, Kripalsingh, Tejsingh and others tried to pacify but in vain, Hazarasingh challenged the opposite party to be alert and exhorted his companions to put them to death. THEreafter Mahalsingh fired the gun but it did not hit anybody. Pyarasingh thereupon took the gun from him and after loading it he shot Badhawasingh who fell down, Barasingh then gave burchha blow in Badhawasingh's stomach. Hazarasingh, Pyarasingh. Bantasingh, Tarasingh and Makhansingh (accused) attacked his father Basawasingh with burchhis and so he fell down on account of the injuries. Pyarasingh again fired at Surainsingh as a result of which he was also injured and fell down. Basawasingh's wife Guranditti tried to save her husband but Achharsingh (accused struck burchhi below on her force and hands Pyarasingh again fired at Channasingh and Mukhtayarsingh who were standing there. It was further stated that Badhawasingh, Basawa singh and Surainsingh had died and that the remaining injured persons were lying at the spot. 4

(3.) P. W. 1 Karamsingh has stated that the F. I. R. was made by him. He has narrated the same story as given above so far as the appellants' part in the fight is concerned. According to him all the appellants, together with Mahalsingh and Bantasingh, came to the tail of the canal armed with weapons. Hazarasingh appellant exhorted his companions to kill the members of the first party. Mahalsingh thereupon fired with his gun but since none was hurt, appellant Pyarasingh son of Tahalsingh took the gun from him and fired repeatedly, and as such all the gun shot wounds received by the deceased and others were caused by him. According to him it was Barasingh accused who gave a burchi blow to Badhawasingh while Pyarasingh, Tarasingh, Makhansingh. Hazarasingh, Banta-singh and Santasingh fell on his father and caused him injuries an account of which he died. When these people were attacking his father Basawasingh his mother Guranitti who had happened to come there by that time, fell down on Basawasingh in order to save him, and that the appellant Achharsingh then struck her a burcha below on her month.