BHARAT SINGH Vs. EMPEROR

JUDGEMENT

(1.) Bharat Singh, Pattu Singh, Bishal Singh, Jhabbu Singh and Sarnam Singh were charged along with four others who were acquitted under Secs.302/149, 147, 324/149 and 148, Indian Penal Code. Bharat Singh and Puttu Singh were sentenced to death under Section 302 read with 149, Indian Penal Code. Bishal Singh, Jhabbu Singh and Sarnam Singh under the same section were sentenced to transportation for life. Under Section 147 all the appellants were sentenced to two years rigorous imprisonment and under Section 324/149 to one year's rigorous imprisonment. Pattu Singh, Bharat Singh and Sarnam Singh were sentenced to two year's imprisonment under Section 148, Indian Penal Code.

(2.) The appellants were charged under the section already mentioned along with four others, namely, Chhotey Singh, Badshah Singh, Multan Singh and Dip Singh. The four however were acquitted by the learned Sessions Judge. The charge against the accused was that on 21 May 1933, in the village Lilapur, District Farrukhabad, they formed an illegal assembly whose common object was to murder one Jhunni Singh, and in pursuance of this common object they attacked him armed with deadly weapons and murdered him, and further that they inflicted grievous injuries upon one Nathu Singh. There is no dispute about the fact that Jhunni Singh was murdered on 21 May 1933. The post-mortem examination disclosed that he had sustained seven punctured or incised wounds: (1) Incised and punctured wound ?" ? ?" deep down to chest in front of right chest 1" from the middle line above the level of nipple. (2) Punctured and incised wound 1" ? ?" deep down to abdomen on right side of abdomen on level with the 11 right rib. (3) Punctured wound 1" ? ?" and deep down to abdomen on right side between the ribs and iliac crest. (4) Incised would 1" ? ?" ? 4" inner side of upper part of left thigh below the groin. (5) Tncised wound 2" x ?" x 1" centre of back of chest in middle line.

(3.) There were further two incised wounds, one on the middle of right middle finger in front, and one on the centre of left middle finger in front. Death is certified by the Civil Surgeon, who conducted the post-mortem examination, to have been caused by puncture of right lung right kidney and abdomen. The injuries-in his opinion were caused by some sharp-pointed weapon like a spear. It is beyond dispute further that Nathu sustained injuries on the same date. Nathu was examined on the 23 May and he was found to have sustained five injuries, all of which were simple, with the exception of one punctured wound 1?" ? ?" ? ?" on the right buttock. All the injuries, with the exception of this grievous injury, were probably inflicted, according to the medical officer, with some blunt weapon.