MUKHA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two connected appeals arising out of the judgment of the Additional Sessions Judge No. 2, Sri Ganganagar dated 26-11-1970 whereby the learned Judge acquitted Pooran Singh and Jeet Singh altogether and convicted Mukha Singh under Section 302, I. P. C. and sentenced him to imprisonment for life. Meja Singh was acquitted under Section 302/34, I. P. C. but was convicted under Section 324, I. P. C. and sentenced to two years rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine to undergo two months further rigorous imprisonment.

(2.) BRIEFLY stated the prosecution case is that on 4-4-1970 in the afternoon the deceased Chanandas was taking grass in a bullock cart from his field to his village Kaliyan which is situated at a distance of five miles from police station Sadar Ganganagar. The accused Meja Singh was coming on foot behind the cart with a bundle of fodder on his head. He wanted to put the bundle of fodder in Chananda's cart but the latter refused saying that it might be stolen property. This led to a quarrel between the deceased Chanandas and the accused Meja Singh (who) took it to heart. On the next day i. e. 5-4-70, it is alleged that while Chanandas and his brothers P. W. 1 Howandas and P. W. 3 Dhanu Ram were working in their field, the accused Meja Singh armed with a 'barchha' and accompanied by his brothers Pooran Singh, Mukha Singh s/o Pooran Singh and Jeet Singh went to the field of the deceased and challenged Chanandas to get ready as death was awaiting him. Thereupon Chanandas tried to run away in the direction of the village but Mukha Singh accused thrust the spear which he was carrying with him into the abdomen of the deceased Chanandas as a result of whi6h Chanandas was fatally injured and died soon thereafter. His brother Howandas was also injured by the accused Meja Singh who inflicted a blow with a spear on his left cheek. Apprehending that he may also be killed, Howandas took up a Taqwa' lying nearby and attacked Meja Singh with the same. Dhanu Ram, another brother of Chanandas raised hue and cry and the accused made good their escape. It is alleged that at the time of the incident Mukha Singh was armed with a spear. Meja Singh had also a spear while Pooran Singh had a pistol and Jeet Singh was empty handed. Pooran Singh is reported to have pointed his pistol towards the complainants party. The spear struck by Mukha Singh got stuck up in the body of Chanandas who was gasping for breath. Howandas pulled out the blade of the spear from the body of Chanandas and thereafter Ohanandas expired. Then Howandas accompanied by another Dhanu Ram, Panch and Kishan Chand, Sarpnch went to the police station Sadar Ganganagar and lodged the first information report of the occurrence verbally and the same was reduced to writing by P. W. 7 Iqbal Singh, Station House Officer, Sadar Ganganagar. A copy of the same has been placed on the record and marked Ex. P/l. After completing the investigation the police prosecuted all the four accused in the court of Munsif Magistrate, Sri Ganganagar, who committed them for trial to the court of the Sessions Judge, Ganganagar, who transferred the case for trial to the Court of Additional Sessions Judge No. 2, Sri Ganganagar.

(3.) IN the course of trial the accused denied having committed any offence. The accused Meja Singh, however, appeared as a defence witness D. W. 2 and stated that he and Chanandas had a quarrel on the day previous to the occurrence. He wanted to place the bundle of fodder that he was carrying on his head in the cart of Chanandas, but Chanandas did not permit him to do so and abused him. When they reached the village, Chanandas beat him with a wooden rod. He goes on to state that on the next day i. e. 5th April, 1970 at about 12 in the noon he was going to the field of one Mohan Singh to bring fodder and while he was at a distance of 10-12 'panvdas' from the thrashing floor of Chanandas P. W. 1 Howandas, P. W. 3 Dhanu Ram and P. W. 4 Sain Datta Ram attacked him with the various weapons they were carry, ing in their hands. Chanandas had an axe, Howandas had a 'gandasi', Dhanu Ram had a 'barchha' and Sain Datta Ram had also a 'gandasi'. His case is that no doubt he struck a blow with a spear but he did so in exercise of the right of private defence of his person. He has also stated that at the time of the occurrence the accused Mukha Singh, Pooran Singh and Jeet Singh were not present at the spot. The learned Additional Sessions Judge accepted the evidence of P. W. 1 Howandas, P. W. 3 Dhanu Ram and P. W. 4 Sain Datta Ram to the extent that Chanandas and Howandas were attacked by the accused Mukha Singh and Meja Singh in the manner, stated by the prosecution, but he did not accept their evidence as against Pooran Singh, and Jeet Singh and came to the conclusion that these accused had not participated in the occurrence and have been falsely implicated. However, he found that the prosecution had failed to establish any preconcert between the two accused Mukha Singh and Meja Singh to commit the murder of Chanan-das. His finding on the point though not very clearly expressed is that Meja Singh, aggrieved of the incident which took place the previous night, suddenly launched an attack on Howandas and Mukha Singh also attacked, Chanandas of his own accord causing a fatal injury to him. To put in other words, his view seems to be that both the accused had not formed the common intention and it was just a chance encounter. In this view of the matter he held each of the accused liable for their individual acts and convicted and sentenced them as stated above. Mukha Singh was held liable for causing the murder of Chanandas and sentenced under Section 302 and Meja Singh was held liable for the injury caused to Howandas and sentenced under Section 324, I. P. C.