Tejsingh and Ors. Vs The State

Citations: Tejsingh and Ors. v. The State, AIR 1958 Raj 169, 1958 CriLJ 967

Date of Judgement: October 10, 1957

Equivalent citations: AIR 1958 Raj 169, 1958 CriLJ 967

Case No.: Appeal No. 196 of 1956

Case type: Criminal Appeal

Petitioner: Tej Singh and Ors.

Respondent: State

Bench: Hon’ble Justice K Wanchoo and Hon’ble Justice D Dave

Court: Rajasthan High Court

Statue Referred:

• Indian Penal Code, 1860
• Sections 147, 306, 342

Cases Referred:

Habeeb Mohammad v. State of Hyderabad, AIR 1954 S C 51 (A)

Facts:

• Investigator Heer Singh of Thana Bhimsar got information on 12.08.1955 that Todarram Brahmin of town Bamania was sick and going to bite the dust and that his better half Mt. Sarswati was probably going to submit Sati on his passing.
• In outcome of this data Sub Inspector Heer Singh alongside various police constables reached Bamania to stop Mt. Sarswati from submitting Sati.
• He made enquiries from Mt. Sarswati and her relations on 13.08.1955, and they denied so by saying that there would be no Sati, and that the talk which was predominant in the adjoining towns was bogus.
• The Sub Inspector was not satisfied with this forswearing and accordingly stayed in town Bamania from 14.08.1955 till 16.08.1955.
• Todarram passed on at 1 P. M. on 16.08.1955. The Sub-Inspector promptly went to Todarram’s house and discovered individuals crying and once again he was guaranteed that there would be no Sati.
• The Sub-Inspector came to realize that Mt. Sarswati would become Sati and that courses of action were being made for the reason. He likewise came to realize that individuals from adjoining towns were additionally gathering in Bamania for that reason.
• In outcome, he went to the place of Todarram once more. Around then he discovered Daluram, Jeeyaram, Maluram, Balchand and Askaran at the house. Other than these, Padmaram, Udaram, Gidaram and Rawatsingh blamed who have been sentenced were additionally present alongside a few others.
• The Sub Inspector enquired from these nine people and more about whether Mt. Sarswati would become Sati and they said yes. Following which enquired from Mt. Sarswati and she remained silent in answer.
• It might likewise be referenced that Tej Singh, Bhoor Singh Rajput and Bhooraram Jat of town Chariya, who had additionally shown up joined these nine people in yelling mottos and in empowering the possibility that Sati should occur.
• The Sub Inspector attempted to stop the parade, close to the school coming. At this point there was horde of in excess of 1500 individuals and they were yelling ‘Sati mata ki Jai ho, Sati hona Dharma hai’.
• The dead collection of Todarram was put on the memorial service fire and Mt. Sarswati sat on it. The five relations, to be specific Balchand, Askaran, Daluram, Maluram and Jeeyaram took extraordinary parts which have been portrayed by the different observers in burning down the burial service fire.
• The report of the occurrence was promptly sent by the Sub-Inspector to Thana Bhimsar. He had effectively sent a wire before the memorial service parade began to the specialists concerned advising them regarding the earnestness of the circumstance.
• The Circle Inspector showed up on the scene that very evening, however long after Sati had occurred. He consequently took over examination and ultimately these 12 people were sent up for preliminary under Sections 306, 342 and 147 of the Indian Penal Code.
• The learned Sessions Judge accepted the proof of Suganchand and Dule Singh (constable) and Sub Inspector Heersingh and sentenced seven for the charged.

Issues Involved:

Whether individuals were right in their worship of Sati?

Contention of Petitioner:

The counsel for the Petitioner contended that –

1. Learned direction for Tej Singh and others, is encouraged that these cops were suspended due to forsakenness of obligation since they couldn’t forestall Sati and, hence, it is said that they are currently prevaricating themselves.
2. It was likewise expressed that these cops ought to prevaricate themselves basically in light of the fact that they were suspended. Such prevarication won’t help them undoubtedly.
3. The entire story was given by the Sub. Reviewer Heer Singh well before his suspension in the principal report and the proof that has been driven is on the side of the primary report. In these conditions, the suspension of these cops for neglect of obligation steers clear of the veracity of their proof.
4. With regards to the charge that no alleged free observers were inspected, it is sufficient to say that in the conditions of this case, we couldn’t in any way, shape or anticipate that any villager should come and give proof against their kindred locals.
5. Specifically, it was asked that Mohammad Yashin Patwari could, at any rate, have been created as he was referenced in the primary report being available when the Sub-Inspector attempted to stop the memorial service parade close the school.
6. It would have been exceptional if the Patwari had been created; yet we can comprehend that even on account of the Patwari, he might not have given proof for sure for a situation of this sort, so he may stay away from disagreeability with the entire of the town.
7. Hence, they were not ready to distrust the proof of these three cops essentially on the ground that they have not been validated by alleged free proof.

Contention of Respondent:

The counsel for the state contended that:

1. They had been captured on the 15/07/1955 and taken to the Thana and were not in the town when the burial service occurred.
2. It is sufficient to bring up that if the Sub-Inspector was to capture anyone at all and in the event that he reached the resolution that some capture ought to be made, the principal individual whom he ought to have captured was Mt. Sarswati and that would experience stayed away from all difficulty.
3. In the town as they had been captured is bogus. We have no motivation to question the assertions of the three observers such that they were in the town and were taking an unmistakable part in the burial service parade and in incinerating Todarram and in burning down the fire on which Mt. Sarswati was sitting.

Judgement:

The appeal of the State to convict Balchaud, Askaran, Maluram, Daluram and Jteyaram under Sections 147, 342 and 306 of the Indian Penal Code and sentence them to one year rigorous imprisonment under Section 147, one years rigorous imprisonment under Section 342 and five years rigorous imprisonment under Section 306 was allowed.

Ratio Decidendi:

• Individuals aren’t right in their veneration of Sati, however the law in this nation has proclaimed abetment of self-destruction to be a wrongdoing for over 100 years.
• This custom of sati which was persistent up to 1833 was taboo over 100 years prior by law.

Obiter Dicta:

N/A

Conclusion:

However, the law in this nation has proclaimed abetment of self-destruction to be a wrongdoing for over 100 years, and it was stunning to accept that a custom of Sati which was disposed of 100 years back still wins.

People must respect the law today more than ever, which in this case is a statute that has been in effect for more than a century. As a result, in incidents of Sati that occur on a regular basis, we believe that a deterrent penalty is required.

Drafted by: Bharti Verma, Chanderprabhu Jain College of Higher Studies and School of Law

Edited By: Tanvi Mahajan, Publisher, Law Insider

Published On: February 12, 2022 at 00:00 IST