Decided on April 08,1954

STATE Respondents


- (1.) TEN accused were committed for trial in the Court of the Sessions Judge of Hissar on charges under Sections 302, 307 and 323 read with Section 149, Section 148 and Section 447, Penal code. Two of the accused named Diwan Singh and Ram Samp, who were boys of 13 and 15, were acquitted, but the remaining accused were convicted on all the charges. One of them Lal singh was sentenced to death on the main charge under Section 302 read with 149 and the rest to transportation for life. They were also given various minor concurrent sentences under the other sections.
(2.) THE case is the result of a fight which took place at about sunrise on the morning of 25-7-1953. In the fight on the complainant's side Jagmal deceased received fatal injurie_s and brij Lal, Birbal, Kumbha Ram and Ramji Lal P. Ws. received lesser injuries. Jagmal had ten outward marks of injury including two incised wounds on the head, and the 'post mortem' revealed a fracture of the skull and opening of the sutures of which the doctor has not given the details, the fracture of two left ribs, fractures of both bones in the left forearm and also of one bone in the left arm at another place and both bones in the right forearm, brij Lal P. W. had a large incised wound on the left side of the head and face under which the parietal, frontal and cheek bones were cut, but he fortunately recovered from this injury. Birbal, kumbha Ram and Ramji Lal had six, five and seven minor simple injuries respectively. Three of the accused also received injuries in the light Lal Singh who had two, Teja Singh who had one, and Mohna who had two, minor injuries.
(3.) THERE is no doubt that the origin of the fight was a dispute regarding the possession of some land in the village of the parties. Budha Bhana, belonging to Mst. Kauri Bai P. W. to-whom 73 bighas 7 biswas of land in the village had been allotted. This land had been leased bv Ram chand P. W. 13, the brother-in-law of Mst. Kauri Bai who resides at Bhatinda, to Ram, Karan accused. It is, however, alleged that a portion of the land had been actually cultivated by Ramji Lal P. W. to whom the deceased and other injured P. Ws. are related and it is alleged that the remainder of the land had been abandoned by Ram Karan accused, who had gone to live in a distant village called Ladh, and that on 4-7-1953, Ram Chand had leased the land hitherto cultivated by Ram karan to Ramji Lal by means of the document Exhibit P. A. It is further alleged that between 4th of July and the day of the occurrence Ramji Lal and his relations had ploughed the land thus leased to them, and in 'khasra' No. 371, where the fight took place, had sown 'bajra' and 'gowar' which had sprouted by the day of the occurrence;

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