Judgment

O. CHINNAPPA REDDY, J.:- Suresh Pal, Bir Mahendra and Mahabir were tried along with three others, Yash Pal, Sohan Pal and Rajendra Singh for the murder of Charan Singh and Balbir Singh and for causing injuries to Jabar Singh (P. W. 8). All six were convicted by the learned Additional Sessions Judge, Meerut, but on appeal, the High Court of Allahabad acquitted Yash Pal, Sohan Pal and Rajendra Singh and convicted Suresh Pal, Bir Mahendra and Mahabir under Section 302 read with Section 34 Indian Penal Code and Section 323 read with Section 34 Indian Penal Code. The convicted accused have preferred these two appeals by special leave of this Court. The case of the prosecution briefly was that there was enmity between Rattan Singh and his sons (the appellants and the acquitted accused) on one side and the family of Jabar Singh on the other. It must be mentioned here that Charan Singh and Balbir Singh, the two deceased were the brothers of Jabar Singh (P. W. 8). On the day of occurrence (December 6, 1973) at about 7 p. m. Jabar Singh, Charan Singh and Balbir Singh went to their fields and were cutting the bunds in order to take water to their fields. The six accused who were hiding in their sugar-cane field came out crying "it is a good chance kill them today". Rajendra Singh had a spear, Sohan Pal had a tabal (a sort of battle axe) and the rest had lathis. All of them began to beat P. W. 8 and the two deceased. Balbir Singh and Charan Singh were beaten to death on the spot. Hearing the shouts raised by P. W. 8 and the two deceased when they were being beaten Ved Singh and Mahak Singh, P. Ws. 10 and 11 came to the scene. They also witnessed the occurrence. When they heard the shouts they were at the sugar-cane crusher of Asha Ram. After Charan Singh and Balbir Singh had fallen down dead the accused ran away. P. W. 8 then went to the village, got a report written by one Raj Singh and took it to the Police Station where he gave it to the Officer Incharge. Thereafter the usual investigation followed. The autopsy on the body of Charan Singh revealed six lacerated wounds, two contusions and multiple abrasions. The inferior orbital bone was fractured. The membrane was congested. The middle fossa of the skull was also fractured. Death, according to the Doctor was due to the head injury. The autopsy on the body of Balbir Singh revealed one incised wound, seven lacerated wounds and multiple abrasions. The occipital bone was fractured. The membrane was congested. Death was due to the head injury according to the Doctor. The Medical Officer found one lacerated wound, two bruises, a swelling and the 3 abrasions on the person of P. W. 8. All the injuries were simple.

2. The High Court doubted whether Ved Singh and Mahak Singh were witnesses to the occurrence as they had no field near the scene of occurrence and the reason given by them for their presence in the vicinity, namely, that they had gone to the sugar cane crusher of Asha Ram in order to talk to him appeared to be unconvincing since admittedly Asha Rams house was near their house and it was far easier for them to go to his house than to the sugar-cane erusher. The High Court, however, held that Jabar Singhs presence could not be doubted as he had received as many as seven injuries. Even so the High Court gave the benefit of doubt to Yash Pal, Rajendra Singh and Sohan Pal. The High Court took the view that Yash Pal was a mere boy, fourteen years of age, and was not likely to have participated in the commission of the offence. Rajendra Singh and Sohan Pal were said to be armed with a spear and a Tabal respectively. There was only one incised wound on the body of Balbir Singh and it was not possible to say whether Rajendra Singh or Sohan Pal was responsible for the injury. The High Court, therefore, thought that only one of them might have participated in the occurrence but since it was not possible to say with certitude who it was that participated, both were entitled to the benefit