K.K.SHARMA, J. - (1.) THE appellants Ghansasingh, Harbans Singh, Pyarasingh, Niranjansingh, Singarasingh and Lalsingh were challaned in the court of the Second Extra Magistrate, First Class, Alwar, for riot, murder and charges of grievous and simple hurts under various sections of the Indian Penal Code. All the appellants are Majhabi Sikhs and it is alleged that the appellant Lalsingh resided in a portion of the same house in which Atmasingh, also a Majhabi Sikh, resided with his son Kandharasingh, his wire Mst. Isar Kaur and his daughter Surendra Kaur in village Jhareda, district Alwar. At about 2 -30 P. M. on 30 -4 -1955 Jogen -drasingh son of Lalsingh appellant had killed a cock of Atma Singh and had thrown, it away. Mst. Isar Kaur protested to Lalsingh about the conduct of his son who instead of remonstrating with his son threatened Mst. Isar Kaur that his son had only killed a cock, but ho would kill her men. Mst. Isar Kaur protested against this threat and Lalsingh asked his wife Mst. Kesar Kaur to catch hold of Mst. Isar Kaur. Both the women grappled with each other and Lalsingh called members of his family. On this the remaining five appellants came to the spot with a few others. All of them dragged Kandharasingh by his hair, gave him a beating and took him to the house of Rudhsingh, brother of Lalsingh and tied him with a rope to a Neem tree. Seeing this Surendra Kaur P. W. 4 left for a neighbouring village Dabri where Atmasingh had gone to attend a marriage at Shersingh's place. Surendra Kaur was accompanied with a boy named Chandrasingh and she informed Atmasingh about the treatment meted out to her brother by Lalsingh and his party men. Atmasingh accompanied by his son -in -law Ajeetsingh, his maternal cousin Jogasingh and Ajoefeingh's cousin Hazarasingh, son of Gangasingh immediately left for Jhareda. Atmasingh rode on a mare and the remaining companions followed him on foot. When Atmasingh had traversed a distance of about a couple of fields from the village Dabri and was passing by a well near that village, he saw the six appellants armed with Kirpans, Takwa and other weapons followed by 4 others coming from Jhareda side. Harbansingh, appellant was riding on a horse and the remaining accused were on foot. Harbansingh challenged Atmasingh by saying 'Tagra Hojao,' which according to the language of the parties, was a challenge to Atmasingh to prepare himself. Hearing this Atmasingh turned his mare back towards Dabri but Harbansingh pursuedhim and overtook him about 10 to 12 paces away from the well and gave a Kirpan blow on, the back side of his head. Atmasingh fell down From the mare and Harbansingh getting down from his mare gave another Kirpan blow on Atmasingh's arm. Meanwhile the appellants Ghansingh and Pyarasing, who were also armed with Kirpans reached near Atmasingh and inflicted Kirpan blows on him. alien Pyarasingh and Ghansasingh surrounded Jogasingh who had come to intervene and gave him Kirpan blows. Niranjansingh also reached there and he too dealt a Kirpan blow to Jogasingh on his parietal bone. Harbansingh appellant gave a Kirpan blow on the right shoulder of Jogasingh. The appellants continued dealing Kirpan blows to Jogasingh until he died on the spot. The appellants Lalsingh and Singarasingh gave blows with the blunt side of an axe with which he was armed to Ajeetsingh as a result of which the latter fell down, Hazarsingh, son of Gangasingh, who wanted to rescue Ajeetsingh, was caught hold of by Lalsingh and Singarasingh gave an axe blow on his head and thereafter Niranjansiagh gave a Kirpan blow on his face.
(2.) A report Ex. P. 1/A was lodged at the police station, Govindgarh at about 6 -30 PM., on the very day of the occurrence by Narain Singh, who is said to be an eye -witness of the occurrence and alleged to have been present on the well where the offence took place. Sri Durjansingh, S. H. O. Govindgarh at once proceeded to the spot for investigation. He found Jogasingh's dead body in the way near the well. He then proceeded to village Jhareda and is said to have found Kandharasingh tied with a rope to a Neem tree at the house of Rudhsingh and got him released from there. Then he returned to the scene of the occurrence and prepared the inquest report Ex. P. 1 in respect of Jogasingh deceased. He also prepared a site plan Ex. P. 32 of the scene of occurrence. He took into possession some earth appearing to be blood stained from the place where Jogasingh's dead body was lying and prepared a memo Ex. P. 3. Jogasingh's dead body was sent to Lachmangarh Dispensary with the constable Chandulal P. W. 5. All the six appellants along with four others were arrested on 3 -5 -1955 as till then they were said to have been untraceable. The appellants are said to have produced some Kirpans and axes from their houses. They were seized and after having been sealed were sent for chemical examination at Jaipur. Ex. P. 36 is the chemical examiner's report and Ex. P. 37 that of the serologist. The dead body of Jogasingh was subjected to post -mortem examination by Dr. Bhagwan Sahai at Lachmangarh Dispensary and it is Ex. P. 28 on the record. The persons of Hazarasingh, Atmasingh and Ajeetsingh were also medically examined by Dr. Prem Shanker P. W. 16 at Govindgarh Dispensary and injury report Ex. P. 22 relating to Hazarasingh and Ex. P. 23 relating to Atmasingh and Ajeetsingh were prepared. He also examined Mst. Isar Kaur, Kandha -rasingh and Sundersingh, father of Atmasingh and prepared injury reports Ex. P. 24 relating to Mst. Isar Kaur and Ex. P. 25 relating to Kandharasingh and Sundersingh. Hazarasingh Atmasingh and Ajeetsingh were examined on 30 -4 -1955 and Mst. Isar Kaur, Kandharasingh and Sundersingh on 1 -5 -1955. He also examined the appellants Harbanssingh, Ghansa -singh and Pyaresingh on 4th May, 1955 and prepared injury reports Ex. P -26 relating to them. He also examined Mst. Kesar Kaur, wife of Lalsingh appellant on 10th May, 1955 and the injury report relating to her is Ex. P -27.
(3.) AFTER investigation the case was challaned in the Court of the Second Extra Magistrate First Class, Alwar who committed all the six appellants to take their trial before the Sessions Court at Alwar for the following offences : 1. Niranjansingh Under Section 302, I. P. C. 2. Ghansasingh, Harbanssingh and Pyaresingh Under Section 302 read with Section 149 and Sections 326 and 324, I. P. C. 3. Singarasingh Under Section 302 read with Section 149 and Section 326, I. P. C. 4. Lalsingh Under Sections 302, 326 and 324 read with Section 149, I. P. C. and Section 323, I. P. C. ;