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SUPREME COURT OF INDIA
O.Chinnappa Reddy : R.S.Sarkaria
Nath Singh: Dilbagh Singh
Versus
State Of U.P.
Case No. : 186 of 1974,187 of 1974
Date of Decision : 3/5/80
Indian Penal Code, 1860 - Sections 307, 147, 148, 149, 300, 504 and 506 - Attempted Murder – Killed – Death - Appellants were also examined their medico-legal reports - According to these reports had two incised wounds both of which were bone deep and one of them was located on head - There was also a minor abrasion on his left forearm - Similarly had one contused wound on head one incised wound on back of forearm and one abrasion on right thigh - All these injuries were simple - Prosecution examined among others public witness 1 public witness 2 and public witness 3 last three being eyewitnesses of incident - PW4 was also examined to show that and his party including deceased persons went of appellants at invitation to settle dispute by holding discussions - During his examination at trial accused admitted that there was a sharp altercation between him and in morning over passage - He however denied that had come to his place or that he had invited and party for talks - Held, Therefore if he wanted to execute his design of killing and destroying his supporters successfully he would require assistance of men who by their superiority in numbers and arms could overwhelm and his companions - Plan made and his brothers and father being to annihilate and his companions it was but natural that should collect his relations and men armed with lethal weapons and to concert with them beforehand as to how plan should be executed - All appellants actually participated in assault at least in assault on deceased persons and in removing their dead bodies into house and his sons - inference was therefore irresistible that they all acted pursuant to a pre-arranged plan and a common object - All appellants were therefore equally liable by operation for murders and attempted murder – Appeals are dismissed.
R.S.Sarkaria, J.
(1) THESE appeals arise out of the same judgment, dated 20/09/1973, of the High court of Allahabad. The prosecution story, as it emerges from the record, is as follows:
(2) IN the year 1965, Ratan Singh purchased 54. 37 acres of agricultural land in the area of village Sitarampur. He built jhala (thatched huts) in the land. Subsequently, Nath Singh, appellant, also, purchased land situated towards the north and south of the farm of Ratan Singh. The farm of Ratan Singh was bounded on both sides by nallas. For going to his field, Nath Singh used to pass through the land of Ratan Singh. Ratan Singh objected to this. A few panchayats were, also convened to settle the dispute. One of such panchayats directed Nath Singh to go to his land along the nalla to the west. During rainy season, when the nalla was swollen, Ratan Singh allowed Nath Singh to pass through his farm. Nath Singh did not accept the decision of the panchayat.
(3) ON 11/11/1968 in the morning, Ratan Singh was in his farm for the purpose of supervising the ploughing which was being done by a tractor driven by Dharamraj. He saw Nath Singh passing through his ploughed land. Ratan Singh stopped Nath Singh and asked him to go by the western passage along the nalla in accordance with the decision of the panchayat reminding him that it was not rainy season. Nath Singh retaliated by hurling filthy abuses. A sharp altercation ensued between the two, and in spite of Ratan Singhs objection, Nath Singh went through the formers land to his plot.
(4) SOME time later in the day, Pandit Khyali Ram who had good rela- tions with Ratan Singh came to the latters farm to hire his tractor. Ratan Singh narrated the incident to Khyali Ram and requested the latter to go and suggest to Nath Singh to sort out and settle this long standing dispute amicably by mutual discussion. Accordingly, Khyali Ram went to the jhala of Nath Singh, which was located in the latters land towards the north. Khyali Ram communicated the message to Nath Singh. Nath Singh consulted his father Mangal Singh and uncle Ganga Singh and then informed Khyali Ram that since during the day they would not get free time, Ratan Singh could come at 8 or 9 oclock in the night for talks. Khyali Ram returned to Ratan Singhs farm and accordingly informed Ratan Singh in the presence and hearing of Dharamraj (Public Witness 3) that Nath Singh had invited him to come over to the ihala at about 9 p.m. for the purpose of settling the dispute by negotiation. He further told Ratan Singh that Nath Singh had given this message after consulting his men. In the evening, Ratan Singh called his brother-in-law, Prakash Singh, who was living in his neighbouring field of 10 acres. He apprised Prakash Singh about the dispute and asked him to accompany him so that the matter could be talked over and settled with the accused. Nek Singh, who was then sitting with Prakash Singh, also agreed to accompany Ratan Singh and so did Sewak Singh, a boy of 15 or 16 years. At about 9 p.m., Ratan Singh, Prakash Singh (deceased), Nek Singh (deceased), Sewak Singh, Bidhi Singh, Munshi Chandan Singh and Charan Singh seated themselves in the trailer of Ratan Singhs tractor, which was then driven by Dharamraj, driver, to the jhala of Nath Singh. Excepting Prakash Singh and Nek Singh who were carrying a lathi and a kirpan respectively, none of them had any weapon with him. The tractor with its headlights on was stopped in front of the jhala of Nath Singh. A burning lantern was hanging in the chappar adjacent to the jhala. All the ten accused were sitting in that chappar. While the driver Dharamraj remained sitting on the tractor, Ratan Singh and his companions alighted and proceed- ed towards the chappar of Nath Singh. No sooner than they got down from the trailer, Nath Singh and Niranjan Singh armed with guns, Bhag Singh with barcha (spear), Dilbagh Singh, Ganga Singh and Mahendra Singh with kirpans (swords) a
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