M.C. Jain, J. -
(1.)The Sessions Judge, Sri Ganganagar by his judgment dated May 27. 1980 the accused appellants of the offence under See. 302 read with 149, Penal Code and sentenced each of them tot for life and to pay a fine of Rs. 200.00. They were also, convicted under section 337 read with 149, Penal Code and sentenced each of them to 5 years R. I. and to pay of fine of Rs. 2 /-, in default of payment of line to undergo further rigorous in for two months. For offence under Sec. 148. ISC, they were sentenced to 1 year 5 imprisonment and to pay a fine of Rs. 200.00, in default of payment of fine to undergo further rigorous for one month and for offence under section 447, IPC. each of them were sentenced to two months rigorous imprisonment and to pay a fine of Rs. 100.00, in default of payment of fine to undergo rigorous for 15 days. The appellant Ramkaran was also convicted under Sec. 27 of the Arms Act and was sentenced to two years rigorous imprisonment and to pay a fine of Rs. 500.00, in default of payment of fine to undergo further rigorous imprisonment for six months. Sentences of all the accused persons were ordered to run concurrently.
(2.)The prosecution case as unfolded in the first information report lodged by Harbilas Singh on July 18, 1979 at 3,30 a. m. at police Station Sadar. Sri Ganganagar is that his brother Jasveer Singh has purchased the land of killsas No. 1, 2, and 1/2 of Killa No. 3 of Square No. 22 in Village 14-z from Damaram Suthar (C.W.I.) In respect of that land, some litigation was going on. They have cultivated wheat in the said killas. As they had no time to the cut-crop, it was lying in stacks in the said killas. At about 7 a.m. he along-with his brother Jasvreer Singh and father Jeetsi Singh With two Servants namely Phoolarar and Sukharafn wenta to the Said in order to lift the wheat crop. When they reached in Kilia No. 1, accused Ram karan armed With a gun, Tikuram armed with a Kasia, Madan, Piatap and Nathuram armed with Kassi as and Yespal and Gujar armed with lathis (Dangs), were sitting near them and (stack of wheat cut-crop) as stated in the first information report (Ex.R/7). At the trial, the witnesses have come out with the case that when they had entered into No. 1, where the crop was lying, the accused persons came out from the Gwar Crop. As per the Version of F.I.R. Ram Karan exhorted to kill them and he fired his gun, which hit on the head of Harbilas Singh. From the head injuries, bleeding started. Thereafter, Ramkaran thrust blows by the butt of the gun on his back. Jasveersingh and Rhoolaram had received kasia blows on the head. Jeet Singh and Sukhram fell down Jasveersingh and Phoolaram have been sent to Hospital. The accused has surrounded Jeetsingh and Sukhram and the complainant party. Was not allowed to remove them and the accused party was exherting to kill both of them and that the accused party may take away their dead-bodies. As to how many injuries Were received by Jeetsingh and Sukhram, the informant stated that he could not see. Case Under Sections 307, 324, 147, 148, 149, 447,/34, Penal Code and 27 of the Arms Act was registered by Krishna Avtar Tyagi (PW 9). Thereafter, Krishna Avtar Tyagi went to hospital and prepared the Surat Hal Lash of the deceased Jeetsingh and panchayatnama Ex. P/ll. Offence under Sec. 302, Penal Code was added on the death of Jeetsingh. Cross report of the occurrence bearing No. 76 by Tikuram (Ex.P/53) was lodged at about 9.15 a.m. on July 18-1979 in which, Tikuram reported that on that day in the morning, he was in killa No. 10 of square No. 22. and was engaged in digging the Narma Crop. Nathuram was working in killa No. 1 of the same square. According to him, Jeetsingh, Bhag-singh, Gurjantsingh, Majorsingh, Mahendrasingh, Baltejsingh, Nichchatar Singh and two sons of Jeetsingh came in a Tractor armed with gandasis and guns. They stopped their tractor near killa No. 1 and they got down from the trolley. The land dispute was going between them. It was stated in the F.I.R. that Majorsingh inflicted a gandasa blow on the right hand of Tikuram. Ramkaran, and Gujar rushed to the scene of occurrence to rescue him. Gurjantsingh and Bhagsingh fired the gun at Ramkaran. Ramkaran was hit by gun shot. On this report, a case was registered against the seven accused-persons and two sons of Jeetsingh under Sec. 324, 447, 147, 148, 149 and 27 of the Arms Act. A copy of this report No. 76 was received by Krishna Avtar Tyagi at the hospital. Krishna Avtar who was in-charge of police station interrogated the four witnesses. Thereafter, Gopalaram, S. H. O. (PW 11) reached the spot and subsequent investigation was done by him. He prepared the site-plan (Ex. P/9) and site-inspection notes (Ex. P/9A). He found the scattered wads at point No. 11. They were lying in Killa No. 11 of Square No. 22 and Killa No. 15 of Square No. 21 and a pallet was also found at point No. 15. At point No. 14 in killa No. 1 of Square No. 22, Kachha bricks and Sarkandas were lying. He also noticed that there was no cultivation in 5 Biswas of Killa No. 1 and scattered grass was found in 5 was of land. Other things were also shown in the site-plan and site-inspection notes. The accused-persons were arrested and recoveries were made. From the side of the complainant party ; Harbilas Singh, Jasveersing, Phoola Ram and Sukhram were got medically examined and an autopsy on the dead-body of Jeetsingh was got conducted. After completion of usual investigation, charge-sheet was presented in the court of Judicial Magistrate, No. 1, Sri Ganganagar, who in his turn, committed the accused-persons to the court of Sessions Judge, Sri Ganganagar for trial.
(3.)The accused-persons were charged with various offences to which they pleaded not guilty and claimed to be tried.