Back
Rajasthan High Court
Wanchoo CJ. & Dave, J.
Tej Singh - Appellant
Versus
The State - Respondents
Criminal Revision No.57 of 1957
Decided On : October 10, 1957
Based on the provided legal document, the key points regarding the case are as follows:
The case involves the abetment of Sati, which is a criminal offense under the Indian Penal Code, specifically under section 306 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) .
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 (!) .
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 (!) .
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 (!) .
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 (!) .
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.
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 was false. The Sub-inspector however was not satisfied with this denial and therefore continued to stay on in village Bamania on the 14th, 15th and 16tb of August, 1955. Todarram died at 1 p.m. on the 16ih of August, 1955. The Sub inspector immediately went to Todarrams house and found the people crying. Even at that time he seems to have been assured that there would be no Sati. At about 2-30 p.m. or 3 p.m. the Sub inspector came to know that Mst. Sarswati would become Sati and that arrangements were being made for the purpose. He also came to know that people from neighbouring villages were also collecting in Bamania for that purpose. In consequences, he went to the house of Todarram again. At that time he found Daluram, Jeeyaram, Maluram, Bal-chand and Askaran at the house. The first three are brothers and the last two are sons of Todarram. Besides these, Padmaram, Udaram, Gidaram and Rawat Singh accused who have been convicted were also present along with two or three others. The Sub-inspector came to know that information had been sent to neighbouring villages to collect people. He enquired from these nine persons and few others who were there whether Mst. Sarswati would become Sati any they said yes. The Sub-inspector then enquired from Mst. Sarswati and she said nothing in reply. The Sub inspector tried to reason with these people, but they said that Mst. Sarswati would certainly become Sati, as this news had already gone about all over the villages and she was bound to honour it. Thereafter these persons started shouting sati-ki-jai. Other people also, who had collected near about the house, took up the shouts and repeated them after these nine. It may also be mentioned that Tej Singh Bhoor Singh Rajput and Bhooraram Jat of village Chariya, who had also arrived joined these nine persons in shouting slogans and in encouraging the idea that Sati should take place. Soonafter that, the funeral procession started from the house of Todarram and Mst. Sarswati, dressed in new clothes and wearing her jewellery, led the procession. The Sub-inspector tried to stop the procession, near the school on the way ; but by this time however there was crowd of more than 1500 people and they were shouting Sati mata hi Jai ho, Sati hona Dharam hai. The inspector was unable to stop the procession and about 1 0 to 150 people out of that procession surrounded the police party, with the result that the procession passed on and the police party could only follow behind surrounded by these persons. Eventually the dead body of Todarram was put on the funeral pyre and Mat. Sarswati sat on it. The five relations, namely Balchand, Askaran, Daluram, Maluram and Jeeyaram took special parts which have been described by the various witnesses in setting fire to the funeral pyre. T
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
