{"id":192337,"date":"1974-04-09T00:00:00","date_gmt":"1974-04-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bhajan-singh-ors-vs-state-of-u-p-on-9-april-1974"},"modified":"2016-09-09T04:55:45","modified_gmt":"2016-09-08T23:25:45","slug":"bhajan-singh-ors-vs-state-of-u-p-on-9-april-1974","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bhajan-singh-ors-vs-state-of-u-p-on-9-april-1974","title":{"rendered":"Bhajan Singh & Ors vs State Of U.P on 9 April, 1974"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Bhajan Singh & Ors vs State Of U.P on 9 April, 1974<\/div>\n
Equivalent citations: 1974 AIR 1564, \t\t 1974 SCR (3) 891<\/div>\n
Author: P Goswami<\/div>\n
Bench: Goswami, P.K.<\/div>\n
           PETITIONER:\nBHAJAN SINGH & ORS.\n\n\tVs.\n\nRESPONDENT:\nSTATE OF U.P.\n\nDATE OF JUDGMENT09\/04\/1974\n\nBENCH:\nGOSWAMI, P.K.\nBENCH:\nGOSWAMI, P.K.\nCHANDRACHUD, Y.V.\nSARKARIA, RANJIT SINGH\n\nCITATION:\n 1974 AIR 1564\t\t  1974 SCR  (3) 891\n 1974 SCC  (4) 568\n\n\nACT:\nIndian Penal Code (Act 45 of 1860), s. 149--Scope of.\nConstitution\tof   India,   1950,    Art.    136--Criminal\nappeal--Interference by Supreme Court.\n\n\n\nHEADNOTE:\nThe  three appellants and two others were convicted  for  an\noffence\t  under\t  s.  3021149,\tI.P.C.\tand   sentenced\t  to\nimprisonment  for  life\t by the High  Court,  affirming\t the\njudgment of the trial court.\nDismissing the appeal by special leave,\nHELD  : (1) In in appeal under Art. 136 of the\tConstitution\nthis  Court  is \\cry slow to interfere with  the  concurrent\nconclusions  of\t the  two  courts  below  \\with\t regard\t  to\nappreciation of evidence of the witnesses.  The accused must\nbe  able  to  make Out an extraordinary case  of  gross\t and\npalpable  injustice  to\t induce this Court to  take  a\tview\ncontrary to that arrived at by the High Court [893 E]\n(2)The\tevidence  disclosed  that the  live  accused  were\nmembers\t of an unlawful assembly with the common  object  to\nkill  the  deceased.  The manner ill which the\tdefence\t was\nconducted in the trial court shows that the accused were not\nprejudiced by the use of the word 'beat' in the charge. [893\nG-894 D]\n(3)Even if the accused were originally members of unlawful\nassembly with the common object of only hearing the deceased\nthey would be guilty under s. 302 read with the second\tlimb\nof  s. 149.  Since they came armed with deadly\tweapons\t and\nknew  that by using those deadly weapons upon  the  deceased\ndeath  would be caused.\t This is not a case where  something\nforeign.  or unknown to the original object had taken  place\nall  of a sudden.  Even assuming that the unlawful  assembly\nwas   formed  originally  only\tto  beat,  it\tis   clearly\nestablished  in the evidence that the said object  is  well-\nknit  with  what  followed as the dangerous  finale  of\t the\nbeating.   It 'was the execution of the same  common  object\nwhich assumed the fearful character implicit in the illegal'\naction undertaken by the five accused. [894 F-G; 895 A-E]\nK.C. Mathew and others v. The State of\tTravancore-Cochin<\/a>\n[1955] 3 S.C.R. 1057, followed.\n(4)  There is no circumstance in the case which can bring it\nunder s. 304' I.P.C. [894G]\n\n\n\nJUDGMENT:\n<\/pre>\n
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 10 of
\n1970.\n<\/p>\n
Appeal\tby special leave from the judgment and\torder  dated
\nthe  29th  August,  1960  of the  Allahabad  High  Court  in
\nCriminal Appeal No. 568 of 1967.\n<\/p>\n
C.   L. Sarin and R. L. Kohli, for the appellants.
\nD.   P. Uniyal and O. P. Rana, for the respondent.
\nThe Judgment of the Court was delivered by
\nGoswami,  J.  This  criminal  appeal  by  special  leave  is
\ndirected’  against the judgment of the Allahabad High  Court
\naffirming  the\tconviction of the  five\t appellants,  Bhajan
\nSingh,\tChain Singh, Baldeo Singh Jagat Singh and  Gurbachan
\nSingh under section 302\/f49 I.P. C. and’
\n892<\/span>
\nsentence  of imprisonment for life on each of them.   Bhajan
\nSingh,\tChain  Singh  and  Jagat  Singh\t have  further\tbeen
\nconvicted  under  section  147 I. P.  C.  and  sentenced  to
\nrigorous  imprisonment for one year each ,and the two  other
\nappellants have also been convicted under section 148 1.  P.
\nC. and sentenced to one and a half years rigorous, imprison-
\nment  each.  Special leave was refused to Baldev  Singh\t and
\nGurbachan Singh.\n<\/p>\n
The prosecution case may briefly be stated
\nChain Singh and Baldeo Singh are sons of Bhajan Singh,\tGur-
\nbachan\tSingh  is the son of Jagat Singh.  The\tdeceased  is
\nBakhsheesh  Singh, who was the brother of Major Singh and  a
\ncousin\t of  appellant,\t Bhajan\t Singh.\t  Major\t Singh\t had
\npurchased  some land in their village Paivandkheri from\t one
\nSohan  Singh and Gurbachan Singh was in unlawful  possession
\nof  over  15  to  16 bighas of the  said  land.\t  There\t was
\nlitigation  between  Gurbachan\tSingh  and  Major  Singh  in
\nrespect of this land.  Gurbachan Singh subsequently sold his
\nentire\tland  including the disputed area to  Bhajan  Singh.
\nThereafter  Major  Singh and his father Ujagar\tSingh  asked
\nBhajan\tSingh to give up possession over the land  purchased
\nby  Major Singh and, on the day before the occurrence,\tsu.-
\ngested to him that, they should go to the Patwari and settle
\nthe  matter to which Bhajan Singh agreed. On  September\t 17,
\n1964, at about 11.30 A.M. Bakhsheesh started on a cycle\t for
\nthe house of the Patwari with papers in connection with\t the
\ndisputed  land.\t  He was followed on foot,  by\this  father,
\nUjagar Singh and brother Major Singh.  When Bakhsheesh Singh
\nhad hardly gone a distance of about 20 or 25 paces from\t his
\nhouse,\tthe five appellants accosted him, Baldeo  Singh\t was
\narmed  with a spear and Gurbachan Singh with a\tgandasa\t and
\nthe   three  other  appellants\twere  armed   with   lathis.
\nBakhsheesh  Singh got down from the cycle and  Bhaian  Singh
\ncaught hold of him and incited the other :appellants to beat
\nhim.  Baksheesh Singh requested the appellants to  accompany
\nhim  to the Patwari to settle the dispute, but\tJagat  Singh
\nsaid  that they would settle it on the spot.   Baldev  Singh
\nthen give a ,spear blow to Bakhsheesh Singh, Gurbachan Singh
\ngave him a gandasa blow on the head and Chain Singh beat him
\nwith  his lathi.  Thereafter the appellants ran\t away.\t The
\noccurrence  was\t witnessed by Ujagar Singh (P.W.  3),  Major
\nSingh  (P.W.  2) and Jogendar Kaur, widow  of  the  deceased
\n(P.W.  4) and Sadhu Singh, Sardari Singh and Prakash  Singh,
\nwho  were  servants of Ujagar Singh.  Bakhsheesh  Singh\t was
\ninjured\t in  the abdomen and his intestines came  out.\t The
\ninjury\twas  bandaged with the turbans of the  deceased\t and
\nUjagar\tSingh  and  he\twas taken  to  the  police  Station,
\nAfzalgarh,  where a first information report was  lodged  by
\nMajor  Singh  at  12.45 P.M. The police\t sent  ‘him  to\t the
\nhospital  at  Sherkot where Dr. Yogendra Pal (PW  4  in\t the
\nCommitting Court) examined him.\t From there he was taken  to
\nthe  District  Hospital,  Bijnor.   As\this  condition\t was
\nserious,  a  dying declaration (Ex.  Ke-8) was\trecorded  at
\n9.30  P.M.  by the Tahsildar Magistrate, Shri  Balbir  Singh
\n(P.W.  1).   Bakhsheesh Singh died next day,  September\t 18,
\n1964,\tin  the\t afternoon.   Postmortem   examination\t was
\nperformed  by  Dr. P. P. Agarwal on  19th  September,  1964.
\nAccording  to  the  Doctor  death  was\tdue  to\t shock\t and
\nhaemorrhage from the injuries.\n<\/p>\n
893<\/span><\/p>\n
It  appears  that Gurbachan Singh and Chain Singh  had\tsome
\nSimple\tinjuries on their person but they did not report  to
\nthe police nor were they examined by Dr. K. C. Gupta (D.  W.\n<\/p>\n
4) earlier than September 20, 1964, at 4.00 P. M.
\nThe  defence  plea is’ an absolute denial by  Bhajan  Singh,
\nBaldeo Singh and Jagat Singh while Chain Singh and Gurbachan
\nSingh gave a different version of the occurrence.  According
\nto  Chain  Singh he and Gurbachan Singh were  grazing  their
\ncattle\tby the side of the canal when one Sardar  Singh\t and
\nBakhsheesh  Singh came there.  Bakhsheesh Singh abused\tthem
\nand  there  was grappling with him.  Major Singh  came\tfrom
\nbehind with a karauli and gave him a blow with it.  When for
\nthe  second time Major Singh tried to assault him  with\t the
\nkarauli in struck Bakhsheesh Singh.  According to  Gurbachan
\nSingh  he tried to intervene and received lathi\t blows\tfrom
\nSardar Singh.\n<\/p>\n
The  prosecution relies upon, besides the medical  evidence,
\nthe  evidence  of  the three eye witnesses  as\tnoted  above
\nnamely,\t PW 2, PW 3 and PW 4 and also upon the statement  of
\nSadhu  singh  recorded\tin  the’  court\t of  the  Committing
\nMagistrate  and\t admitted  in the Court\t of  Sessions  under
\nsection\t 33  of the Evidence Act as well as upon  the  dying
\ndeclaration  of Bakhsheesh Singh to establish  the  charges.
\nThe  High  Court has relied, as the Sessions  Judge  earlier
\ndid,  upon the evidence of the three eye witnesses  and\t has
\nfound  that  their evidence was corroborated  by  the  dying
\ndeclaration as well as by the medical’ evidence, as properly
\nscanned by the courts.\n<\/p>\n
In  an\tappeal under Article 136 of  the  Constitution\tthis
\nCourt  is  very\t slow  to  interfere  with  the\t  concurrent
\nconclusions  of\t the  two courts below with  regard  to\t the
\nappreciation of evidence of the witnesses.  The accused must
\nbe  able  to  make out an extraordinary case  of  gross\t and
\npalpable injustice to induce us to take a contrary view from
\nthat arrived at by the High Court in this case.
\nEven so, the learned counsel for the appellants submits that
\nthe  High Court has erred in relying upon the, testimony  of
\nthese  partisan witnesses since they are all related to\t the
\ndeceased.   But\t even  the deceased is\tthe  cousin  of\t the
\nappellant, Dhajan Singh.\n<\/p>\n
We have perused the evidence of the three eye witnesses\t and
\ncould  not  find any ground to disbelieve  their  testimony.
\nThe learned counsel also could not draw our attention to any
\nserious\t infirmity  in the  evidence  except  characterising
\ntheir testimony as interested.\tCounsel further submits that
\ntheir statements are falsified by the medical evidence.\t  He
\nalso  submits  that  the eye witnesses have  not  given\t any
\nexplanation  for the injuries received by the  accused\tand,
\ntherefore,  their  evidence should  be\trejected.   The-same
\ngrounds\t were  also pressed into service  before  the  trial
\ncourt and in the High Court and both the courts repelled the
\nsame with good reasons with which we concur.
\nThe  learned counsel contends that the common object of\t the
\nunlawful  assembly is only to beat Bakhsheesh Singh and\t not
\nto kill him.  He submits that even ‘on the evidence accepted
\nby  the High Court charge under section 302\/149\t I.P.C.\t has
\nnot  been  established\tagainst the  accused.\tThe  learned
\ncounsel draws our attention to the word ‘maro’
\n894<\/span>
\nused  by the witnesses before the assault started.   On\t the
\nother  hand, our attention is drawn by the  learned  counsel
\nfor  the  State, to the F.I.R. where it\t is  mentioned\tthat
\nJagat Singh said “let us settle the matter here.  What\twill
\nthe  Patwari do?  Kill the sala”.  Nothing turns  decisively
\non the word ‘maro’ used by the witnesses and we have to\t see
\nthe entire surrounding circumstances and the quick  sequence
\nof events that immediately followed thereafter.\t It is clear
\nthat all the five accused came armed with deadly weapons and
\none  of\t them, namely, Bhajan Singh was the first  to  catch
\nbold  of  the deceased and shouted “beat  the  sala”,  while
\naccused\t Jagat\tSingh  said that they would not\t go  to\t the
\nPatwari\t and  decide the matter on the spot.  He  also\tsaid
\n“beat thissala”.  Thereupon Baldeo Singh gave a barchhi blow
\nwhich  hit the deceased’s abdomen.  It is, therefore,  clear
\nfrom  the  above  version, which has been  accepted  by\t the
\ncourts below and which we have no reason to disbelieve, that
\nthe  five accused were members of an unlawful assembly\twith
\nthe common object to kill Bakhsheesh Singh. .We do not\tgive
\nmuch  importance  to the word ‘beat’ used in the  charge  in
\nthis  case and we do, not think that the accused have,\tbeen
\nprejudiced  by such a recital in the charge from the  manner
\nin  which  the defence was conducted in the trial  court  in
\nanswer to the evidence addressed by the prosecution.
\nThe  learned counsel strenuously contends that\tthe  accused
\ncannot\tbe  convicted under section 3021\/t49 I.P.C.  as\t the
\ncommon object of the assembly was not to kill the  deceased.
\nThe  learned  counsel, however., fails to take note  of\t the
\nfact that section 149 has got two limbs;\n<\/p>\n
\t      “If  an offence is committed by any member  of
\n\t      an  unlawful  assembly in prosecution  of\t the
\n\t      common object of that assembly, or such as the
\n\t      members of that assembly knew to be likely  to
\n\t      be  committed in prosecution of  that  object,
\n\t      every   person  who,  at\tthe  time   of\t the
\n\t      committing of that offence, is a member of the
\n\t      same assembly, is guilty of that offence”.\n<\/p><\/blockquote>\n
Even  if, therefore, the accused were originally members  of
\nan-unlawful assembly with the common object of only  beating
\nBakhsheesh Singh having come armed with deadly weapons, some
\nwith  spear  and  gandaisa  and some  with  lathis,  in\t the
\ndesperate  manner they have done, and if the members of\t the
\nassembly  knew that by using these weapons  upon  Bakhsheesh
\nSingh death would be caused, they are guilty of section\t 302
\nread  with section 149 I.P.C. There is not  circumstance  in
\nthe case which can bring down this case to one under section
\n304 I.P.C. The intention was clear to kill Bakhsheesh  Singh
\nand all the accused are guilty of the offence charge namely,
\nsection 302\/149 I.P.C.\n<\/p>\n
The learned counsel relied upon a decision of this court  in
\nShambhu Nath Singh and Others v. State of Bihar(1) and\talso
\nupon  another  decision\t in  The  Queen\t v.  Sabid  Ali\t and
\nOthers(2).  We are unable to appreciate how these  decisions
\nhelp  the  accused in the present case.\t We  are  absolutely
\nsatisfied that all the five accused came armed
\n(1) AIR (1960) S.C. 725.  (2) 1873 Weekly Reporter (20), 5.\n<\/p>\n
895<\/span><\/p>\n
with deadly weapons despite the arrangement on the  previous
\nday to accompany Major Singh and Bhajan Singh had agreed  to
\ngo to the PatWari.  By turn of events they took a  different
\nposture to challenge Bakhsheesh Singh and party on their way
\nto the Patwari, dealt with them in the manner they have done
\nresulting  in the death of Bakhsheesh Singh.  We are of\t the
\nview that even the second limb of section 149 I.  P.  C.  is
\nestablished on the evidence in this case.\n<\/p>\n
From   the   commencement  of  the   interception   of\t the
\ncomplainant’s party by the accused armed with deadly weapons
\nand  first accosting of the deceased by Bhajan Singh with  a
\nchallenging  posture  upto  the running\t away  of  the\tfive
\naccused\t together  after  causing  fatal  injuries  on\t the
\ndeceased,  there is no escape from the conclusion  that\t all
\nthe five accused came and worked with one design and  object
\nand   they  were  definitely  in  the  know  of\t the   fatal
\nconsequence  that,  actually  ensued  as  a  result  of\t the
\nconjoint  attack  to make them all  vicariously\t responsible
\nunder section 149 I.P.C.\n<\/p>\n
Section 149 I.P.C. constitutes, per se a substantive offence
\nalthough the punishment is under the section to which it  is
\ntagged\tbeing  committed by the principal  offender  in\t the
\nunlawful assembly, known or unknown.  Even assuming that the
\nunlawful assembly was formed originally only to beat, it  is
\nclearly established in the evidence that the said object  is
\nwell-knit  with\t what followed as the dangerous\t finale\t of,
\ncall  it, the beating.\tThis is not a case  where  something
\nforeign\t or unknown to the object has taken place all  of  a
\nsudden.\t It is the execution of the same common object which
\nassumed the fearful character implicit in the illegal action
\nundertaken  by the five accused. (See also K. C. Mathew\t and
\nOthers v. The State of Travancore-Cochin<\/a>(1).
\nSince  all the accused are convicted under  section  302\/149
\nI.P.C.\tthere is no further necessity, in the  circumstances
\nof  this case, for their separate conviction  under  section
\n147  and  148  of the Indian  Penal  Code.   Conviction\t and
\nsentence of Bhajan Singh, Chain Singh and Jagat Singh  under
\nsection 147 I.P.C. set aside.  The conviction of all accused
\nunder  section\t302\/149 I.P.C. and their  sentence  of\tlife
\nimprisonment  on each of them are affirmed.  The  appeal  is
\ndismissed subject to the above modification.
\nWe  may\t conclude  by observing that this  murder  case\t has
\nresulted  in  conviction  in  spite of\tthe  police  at\t the
\ninstance   of  a  private  complainant\twho   made   serious
\nallegations in court against the investigating agency.
\nV.P.S.\n<\/p>\n
\t\t       Appeal dismissed.\n<\/p>\n
(1) [1955] (2) S.C.R. 1057.\n<\/p>\n
-L84Su’pCI\/75
\n896<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Bhajan Singh & Ors vs State Of U.P on 9 April, 1974 Equivalent citations: 1974 AIR 1564, 1974 SCR (3) 891 Author: P Goswami Bench: Goswami, P.K. PETITIONER: BHAJAN SINGH & ORS. Vs. RESPONDENT: STATE OF U.P. DATE OF JUDGMENT09\/04\/1974 BENCH: GOSWAMI, P.K. BENCH: GOSWAMI, P.K. CHANDRACHUD, Y.V. SARKARIA, RANJIT SINGH […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-192337","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nBhajan Singh & Ors vs State Of U.P on 9 April, 1974 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/bhajan-singh-ors-vs-state-of-u-p-on-9-april-1974\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bhajan Singh & Ors vs State Of U.P on 9 April, 1974 - 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