GHANSA SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants Ghansasingh, Harbans Singh, Pyarasingh, Niranjansingh, Singarasingh and Lalsingh were challaned in the court of the Second Extra Magistrate, First Class, Alwar, for riot, murder and charges of grievous and simple hurts under various sections of the Indian Penal Code. All the appellants are Majhabi Sikhs and it is alleged that the appellant Lalsingh resided in a portion of the same house in which Atmasingh, also a Majhabi Sikh, resided with his son Kandharasingh, his wire Mst. Isar Kaur and his daughter Surendra Kaur in village Jhareda, district Alwar.

(2.) A report Ex. P. 1/A was lodged at the police station, Govindgarh at about 6 -30 PM., on the very day of the occurrence by Narain Singh, who is said to be an eye -witness of the occurrence and alleged to have been present on the well where the offence took place. Sri Durjansingh, S. H. O. Govindgarh at once proceeded to the spot for investigation. He found Jogasingh's dead body in the way near the well. He then proceeded to village Jhareda and is said to have found Kandharasingh tied with a rope to a Neem tree at the house of Rudhsingh and got him released from there. Then he returned to the scene of the occurrence and prepared the inquest report Ex. P. 1 in respect of Jogasingh deceased. He also prepared a site plan Ex. P. 32 of the scene of occurrence. He took into possession some earth appearing to be blood stained from the place where Jogasingh's dead body was lying and prepared a memo Ex. P. 3. Jogasingh's dead body was sent to Lachmangarh Dispensary with the constable Chandulal P. W. 5.

(3.) AFTER investigation the case was challaned in the Court of the Second Extra Magistrate First Class, Alwar who committed all the six appellants to take their trial before the Sessions Court at Alwar for the following offences :