DALGANJAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) Dalganjan of village Swasa Bujurg, within the police station of Benwar in the district of Hamirpur along with his three sons, Kamta, Saheb and Ganesh, was assigned before the Sessions Judge, Hamirpur, for the murder of Babu Singh of their village and the attempted murder of his brother, Suraj Pal Singh, on June 9, 1976. On conclusion of the trial, the learned trial Judge convicted Kamta under Sec. 302 of the Indian Penal Code and the other three under Sec. 302/34 of the Indian Penal Code and sentenced each of them to imprisonment for life. Kamta, Saheb and Ganesh were also convicted under Sec. 307 of the Indian Penal Code and their father was convicted under Sec. 307/34 of the Indian Penal Code. For such conviction, they were sentenced to suffer rigorous imprisonment for four years, each with a direction that the sentences impose upon each of the accused shall run concurrently. Aggrieved thereby, they filed the instant appeal.

(2.) During the pendency of the appeal, Dalganjan and Ganesh died and as such the appeal, so far as they are concerned, has abated. For all intends and purposes, therefore, in this appeal, we are only concerned with the question whether the order of conviction and sentence recorded against Kamta and Saheb can be sustained or not.

(3.) The case for the prosecution is that the accused Dalganjan had taken grains on loan from Suraj Pal Singh (P.W. 1) undertaking to return it in the month of Chaitra preceding the date of the incident. He, however, returned only a part of the grains taken on loan. To press their claim in respect of the balance quantity, Suraj Pal Singh and his brother Babu Singh (deceased) went to the house of Dalganjan at or about 9.00 p.m. on 9.6.76 and demanded the same. Dalganjan refused to comply with the demand and gave out that Suraj Pal Singh was at liberty to do whatever he liked. Then Dalganjan asked his son Kamta to kill Babu Singh and Suraj Pal Singh and immediately thereupon, Kamta fired a shot aiming Babu Singh. Saheb and Ganesh then assaulted Suraj Pal Singh also with an Iron Sang and a Lathi respectively and then Kamta again fired at Suraj Pal Singh. Owing to firing. Babu Singh fell down dead, but Suraj Pal Singh, escaped with only some injuries on his person.