HIKAYAT SINGH Vs. EMPEROR

JUDGEMENT

(1.) The six appellants were convicted and sentenced to death by the Sessions Judge of Saran for the murder on 3 September 1931 of one Mahadeo Teli at village Amnour, thana Mirzapur. Together with them was tried one Raghunath Singh who was acquitted. Two persons were clearly concerned with the appellants in the crime, namely, Kripali Singh, son of Raghunath Singh, and one Chait Raut, absconded, and have not been brought to trial. The two first-named appellants are Rajputs. Chathu Sah and Punit Sah are Telis. Sheolagan Ahir is a Goala and Chirkut Sah is a Kandu. The murdered man, Mahadeo Teli, and his three sons, Debi, Durga and Sheopujan, belong to the Teli caste and they have borne consistently a bad character. Debi and Sheopujan were wounded in the course of the same occurrence. The neighbourhood is one in which crimes of violence are prevalent.

(2.) The attack upon Mahadeo Teli and his sons which resulted in the death of Mahadeo occurred in the following manner. Some few months before Debi had instituted a criminal case under Section 324, I. P.C., against Raghunath Singh, Kripali Singh and the appellants Sukhdeo Singh, Chathu Sah and Punit Sah and several others including one Kishun Kurmi Kishun Kurmi had instituted a counter- case against Mahadeo and his three sons. The cases were pending in the Court of the Magistrate of Chapra. One Sarjug Nonia of the village was a witness for Debi Teli. Raghunath Singh, Sukhdeo Singh and others had asked Sarjug not to depose for Debi Teli and threatened him with serious consequences if he disobeyed their orders. Sarjug however appeared as a witness for Debi Teli before the Magistrate on 28 August. The persons accused by Debi Teli were highly irritated by this and threatened Sarjug that he would be killed. Sarjug filed an application mentioning this fact to the Magistrate. It also appears that the witnesses for Kishun Kurmi were Raghunath Singh and the appellants Hikayat Singh, Punit Sah and Chirkut Sah.

(3.) The circumstances of the murder of Mahadeo Teli have been proved up to the hilt and are correctly narrated in the clear and careful judgment of the Sessions Judge. They may be summarized as follows: On 3 September 1931, shortly before sunset, Sarjug Nonia came to the shop of Mahadeo and complained to him and his sons Debi and Durga that he had been assaulted by the appellants Chathu Sah and Punit Sah. Mahadeo and Debi left the shop with Sarjug and went to the bhathi of Hoti Lal Sah not far from their house to gain his support. Hoti Lal Sah was not at home so, at the request of Sarjug, Mahadeo and Debi accompanied him towards his house walking up the main street of the village towards the north. When they came to the turning to the west which leads to Sarjug's house they found the appellants together with Raghunath Singh his son Kripali Singh and Chait Raut waiting at the corner. Raghunath, Sukhdeo, Chait and Sheolagan were armed with pharsas, Kripali, Hikayat, Chathu and Punit with bhalas and Chirkut with a lathi.