BALBIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Balbir Singh was tried alongwith his mother Smt. Viran for causing the murder of Sabu Singh with whom Smt. Viran is alleged to have performed Nata Marriage. It appears that after the dissolution of her first marriage by which Smt. Viran had given birth to three sons and a daughter. She Married the deceased Sabu Singh about seven years before the occurrence which took place on 4th Aug., 1969 at about 8 P.M. in the house of Sabu Singh in village Surewala situated at a distance of about 16 miles from village Surewala. The accused Balbir Singh is one of the three Sons born to Smt. Viran by her first husband. A fourth son named Satham was born to Smt. Viran out of her wedlock with Sabu Singb. It is said that Balbir Singh was a boy of bad character and used to quarrel with Sabu Singh frequently. It is also the prosecution case that the relations between the deceased Sabu Singh and Smt. Viran were not happy. The prosecution case is that on 4th Aug., 1969 at about 8 P.M. on hearing the wails of his brother Sabu Singh coming from Sabu Singh's house, PW 1 Labh Singh went into the house of the deceased and saw that Smt. Viran had caught hold of Sabu Singh by the tuft of his hair and Balbir Singh gave a blow with a knife in Sabu Singh's chest, as a result of which Sabu Singh fell dead. PW 6 Dayal Singh, PW 7 Ranjha Singh and PW 2 Bahadur Singh are also alleged to have come to the spot at that time. Labh Singh and Dayal Singh caught hold of Balbir Singh and tied him with a rope and then took him in a jeep to the Police Station Tibi where PW 1 Labh Singh lodged a verbal report of the occurrence to the Station House Officer, Police Station Tibi PW 4 Sumer Singh. He was accompanied by Dayal Singh and Bahadur Singh, all of whom arrested him. The Investigation Officer proceeded to the spot. He recovered a knife suspected to be stained with human blood from the house of Sabu Singh and after carrying out necessary investigation prosecuted the appellant Balbir Singh as well as his mother Smt. Viran in the court of Munsiff Magistrate First Class, Hanumangarh who committed both the accused for trial to the court of Additional Sessions Judge No. 2. Sri Ganganagar.

(2.) Both the accused denied their complicity in the alleged murder of Sabu Singh. The learned Additional Sessions Judge No. 2, Sri Ganganagar by bis judgment dated 10th Aug., 1970 acquitted Smt. Viran of the offence under section 302 read with section 109 Penal Code but convicted the appellant under section 302 Penal Code and sentenced him to imprisonment for life and a fine of Rs. 10.00 only.

(3.) We have heard Dr. S.S. Bhandawat, Amicus Curiae on behalf of the appellant. He has urged that PW 1 Labh Singh on whom reliance has been placed by the learned Additional Sessions Judge is not a reliable witness. He has also argued in the alternative that it is proved on the record that the deceased Sabu Singh under the effect of liquor began to throttle Smt. Viran and getting a genuine apprehension that Sabu Singh may put Smt. Viran to death, the appellant Balbir Singh in order to save his mother, took up a knife lying nearby and caused only one injury to Sabu Singh. His contention is that the act of Balbir Singh fell within the general exception contained in section 100 IPC.