TEJ SINGH Vs. STATE

JUDGEMENT

(1.) THESE two appeals and the Criminal revision are connected and we propose to deal with them in one judgment. Appeal No. 196/-1956 is by Tej Singh and six other accused who have been convicted under secs 147 306 and 342 of the Indian Penal Code and sentenced to six months' rigorous imprisonment. Appeal No. 49/1957 is by the State against the acquittal of Balchand and four others of these offences. The revision is against Tej Singh and the other appellants of appeal No. 196/1956 for enhancement of sentences passed on them.

(2.) THE prosecution story was briefly this. Sub-inspector Heer Singh of Thana Bhimsar received information on the 12th of August, 1955 that Todarram Brahmin of village Bamania was ill and about to die and that his wife Mst. Sarswati was likely to commit Sati on his death. In consequences of this information Sub-inspector Heer Singh along with a number of police constables came to this village to stop Mst. Sarswati from committing Sati. He made enquiries from Mst. Sarswati and her relations on the 13th of August, 1955 and they apparently put him off by saying that there would be no sati, and that the rumour which was prevalent in the neighbouring villages was false. THE Sub-inspector however was not satisfied with this denial and therefore continued to stay on in village Bamania on the 14th, 15th and 16tb of August, 1955. Todarram died at 1 p. m. on the 16ih of August, 1955. THE Sub inspector immediately went to Todarram's house and found the people crying. Even at that time he seems to have been assured that there would be no Sati. At about 2-30 p. m. or 3 p. m. the Sub inspector came to know that Mst. Sarswati would become Sati and that arrangements were being made for the purpose. He also came to know that people from neighbouring villages were also collecting in Bamania for that purpose. In consequences, he went to the house of Todarram again. At that time he found Daluram, Jeeyaram, Maluram, Bal-chand and Askaran at the house. THE first three are brothers and the last two are sons of Todarram. Besides these, Padmaram, Udaram, Gidaram and Rawat Singh accused who have been convicted were also present along with two or three others. THE Sub-inspector came to know that information had been sent to neighbouring villages to collect people. He enquired from these nine persons and few others who were there whether Mst. Sarswati would become Sati any they said yes. THE Sub-inspector then enquired from Mst. Sarswati and she said nothing in reply. THE Sub inspector tried to reason with these people, but they said that Mst. Sarswati would certainly become Sati, as this news had already gone about all over the villages and she was bound to honour it. THEreafter these persons started shouting sati-ki-jai. Other people also, who had collected near about the house, took up the shouts and repeated them after these nine. It may also be mentioned that Tej Singh Bhoor Singh Rajput and Bhooraram Jat of village Chariya, who had also arrived joined these nine persons in shouting slogans and in encouraging the idea that Sati should take place. Soonafter that, the funeral procession started from the house of Todarram and Mst. Sarswati, dressed in new clothes and wearing her jewellery, led the procession. THE Sub-inspector tried to stop the procession, near the school on the way ; but by this time however there was crowd of more than 1500 people and they were shouting 'sati mata hi Jai ho, Sati hona Dharam hai. ' THE inspector was unable to stop the procession and about 1 0 to 150 people out of that procession surrounded the police party, with the result that the procession passed on and the police party could only follow behind surrounded by these persons. Eventually the dead body of Todarram was put on the funeral pyre and Mat. Sarswati sat on it. THE five relations, namely Balchand, Askaran, Daluram, Maluram and Jeeyaram took special parts which have been described by the various witnesses in setting fire to the funeral pyre. THE whole thing was over in half an hour and the dead body as well as Mst Sarswati were burnt. THEreafter the crowd went away leaving trie police, which had not been seriously molested except that it had been surrounded on all sides and not allowed to interfere with the funeral pyre and to stop Mst. Sarswati from immolating herself. THE report of the incident was immediately sent by the Sub-inspector of Thana Bhimsar. He had already sent a telegram before the funeral procession started, to the authorities concerned informing them of the seriousness of the situation. THE Circle inspector arrived on the scene the same night, but long after Sati had taken place. He therefore took over investigation and eventually these twelve persons were sent up for trial under secs. 306, 342 and 147 of the Indian Penal Code.