RAM SAIYA Vs. EMPEROR

JUDGEMENT

(1.) Five persons Gobind, Ram Singh alias Ram Saiya, Buddhi, Maika and Chhutta appeal against their convictions under Section 302. I.P.C. Gobind was sentenced to death and Ram Saiya to transportation for life. Others were sentenced to different terms of imprisonment The learned Sessions Judge has made the usual reference to this Court for the confirmation of sentence on Gobind.

(2.) The prosecution case very briefly is set out in the first information report which was made by one of the witnesses for the prosecution Makrand Singh who happens to be the younger brother of the deceased Dwarka Singh. The incident took place on 6 October 1946, at about noon time. The first information report was made at police station Kant at 5 P.M. The distance from the scene of occurrence in village Sarthauli to the police station is 7 miles. The first report pets out the case that has been given out in Court by the witnesses for the prosecution and it would be convenient to refer to the first information report almost in extenso: I live in village Sarthauli. Today at sunrise I engaged Gobind and Bam Saiya Kaobbia, sons of Puran, as labourers to bring mud on payment of eight annas per day and brought them from their hut. Subsequently a little after sunrise I gave them sattua to eat. They went to their hut to eat the same. When they did not return for a long time, my brother Dwarka Singh went to bring triem from the hut at noon. They were not willing to return to work. Thereupon a quarrel and fight ensued between them. At this time, Chbutta Kacbhi, son of Bbola, and Buddhi Kanhhi, son of Nangu, and Maika Kachhi, son of Laltu, who belong to the family of Gobind-these five men-began to make assault on my brother, Dwarka Singh, with lathia and kasi. His cry attracted my cousin, Dban Singh, to the spot. They then began to beat him also. On hearing this hue and cry Ganesh Gadaria and Marjad Singh Thakur of my village and Subedar Singh Thakur of Bhitoli and many other persona of the village reached there. They all witnessed my brother, Dwarka Singh and Dhan Singh being beaten. I then also reached there. I found Dwarka Singh lying dead and Dhan Singh injured. They all old me about the assault made by those five Kachhis. My brother has received many injuries. I have come leaving his dead body at the hut of Gobind...I charge the five Kachhis, named above, with killing my brother, Dwarka Singh and assaulting my cousin Dhan Singh. Dhan Singh has also received injuries caused with a kasi. The report may be recorded and investigation made.

(3.) At the time that this report was made there was no police Sub-inspector in the police station. The station officer and the second officer both were away and head constable Hikmat Ullah was in charge of the police station. On receipt of the report Hikmat Ullah proceeded to village Sarthauli and found the dead body of Dwarka Singh in the hut of the appellants. He also found kasi, Ex. Ml and gandasa, Ex. M2 near the dead body and noticed blood stains on them. He sent the dead body to the mortuary for postmortem examination.