- (1.)All these appeals can be disposed of by this common judgment.
(2.)Between the group of persons, comprising 13 accused, and the complainant group, there was a dispute regarding some land. That dispute was pending in a civil court. An interim order was passed by the civil court restraining the accused group from interfering with the possession of the complainant's party. In the appeal the High court did not interfere but merely passed an order that the parties shall maintain status quo.
(3.)It is the prosecution case that on 22nd of February, 1996 information was given by one Babu Singh (PW 9) at police station pawai, that firing was going on. This information was recorded as sanha no. 549. On receipt of the information, ASI Saligram sharma alongwith head constable, Bankey singh, and others proceeded to the scene of occurrence. On reaching the scene of occurrence, Ramprakash Singh (PW 2) gave information to the ASI. This has been registered as Dehati Nalish, (Exhibit P 5). As per this information, the uncles of the informant, namely, Vakil Singh and vishambhar Singh were sitting in their field, when Preetam Singh (accused no. 7) started cutting mustard crop which had been grown by the complainant party. The complainant's uncle Vishambhar Singh and vakil Singh objected to Preetam Singh cutting the crop. On this Shriram Singh (accused no. 11) and Sewak Singh (accused no. 12) started firing from the guns. At the same time Kiluwa Singh (accused no. 8) Who possessed a gun, came to the spot alongwith other accused persons, who were armed with barchha, farsa and lathis. All the persons surrounded PW 2, Vakil Singh and vishambhar Singh and further firing took place. Vishambhar Singh and Vakil Singh were killed. PW 2 Ramprakash Singh was injured. One Harveer Singh (PW 3) was also injured.