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1957 Supreme(Raj) 228

WANCHOO, DAVE
Tej Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
Shrikishanmal, for Appellants; L.N. Chhangani, Govt. Advocate, for State

Judgement Key Points

Based on the provided legal document, the key points regarding the case are as follows:

  1. The case involves the abetment of Sati, which is a criminal offense under the Indian Penal Code, specifically under section 306 (!) (!) .

  2. The prosecution's evidence primarily relied on the testimonies of police officers, who were believed by the trial court, and the evidence was consistent with the initial report (!) (!) .

  3. The accused persons, including Tej Singh and others, actively participated in encouraging and facilitating the Sati procession, which was aimed at aiding Mst. Sarswati in her decision to commit Sati (!) (!) .

  4. The court found that the crowd, led by the accused, formed an unlawful assembly with the common object of preventing police interference and aiding Sarswati in her act, thus fulfilling the criteria of abetment (!) .

  5. The court held that the actions of the accused, including raising slogans, joining the procession, surrounding the police, and setting fire to the funeral pyre, constituted aiding and abetting the act of Sati (!) .

  6. The sentences initially awarded by the trial court were deemed inadequate given the gravity of the offense. The appellate court emphasized that Sati is a barbarous act that has been outlawed for over a century, and a more deterrent sentence is necessary (!) .

  7. The appellate court sentenced the convicted accused, including Balchand, Askaran, Maluram, Daluram, and Jeeyaram, to five years of rigorous imprisonment under section 306, with sentences for other sections running concurrently (!) .

  8. The appeal of Tej Singh and other accused was dismissed, but their sentences were enhanced to a total of five years of rigorous imprisonment, also to run concurrently (!) .

  9. The court directed the District Magistrate to take steps for the arrest and detention of the accused to serve their sentences.

Overall, the judgment underscores the criminal liability of those who aid, encourage, or facilitate the act of Sati, affirming that such acts are unlawful and punishable by law, with appropriate deterrent sentencing.


Wanchoo, C.J.—These two appeals and the Criminal revision are connected and we propose to deal with them in one judgment. Appeal No. 196/-1956 is by Tej Singh and six other accused who have been convicted under secs 147 306 and 342 of the Indian Penal Code and sentenced to six months rigorous imprisonment. Appeal No. 49/1957 is by the State against the acquittal of Balchand and four others of these offences. The revision is against Tej Singh and the other appellants of appeal No. 196/1956 for enhancement of sentences passed on them.

2 The prosecution story was briefly this. Sub-inspector Heer Singh of Thana Bhimsar received information on the 12th of August, 1955 that Todarram Brahmin of village Bamania was ill and about to die and that his wife Mst.Sarswati was likely to commit Sati on his death. In consequences of this information Sub-inspector Heer Singh along with a number of police constables came to this village to stop Mst. Sarswati from committing Sati. He made enquiries from Mst. Sarswati and her relations on the 13th of August, 1955 and they apparently put him off by saying that there would be no sati, and that the rumour which was prevalent in the neighbouring villages wa













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