Y. K. Sabharwal, J. - (1.)In these appeals Arjun Singh, Rakesh, Mahesh, Rajbir and Sarjan Singh are the appellants. They have been convicted by the impugned judgment of the High Court for offences under Sections 147 and 302/149, IPC and ordered to undergo one year's rigorous imprisonment each for offence under Section 147, IPC and life imprisonment for offence under Section 302/149, IPC. The High Court had, thus, allowed the State appeal against acquittal in respect of Rakesh, Mahesh, Sarjan Singh and Rajbir and also the appeal of the State wherein Arjun Singh's conviction by the Sessions Court under Section 304 Part II/149 instead of 302/149 had been challenged. The Sessions Court had imposed on Arjun Singh the sentence for a period of five years for offence under Section 304 Part II/149, IPC besides one year for offence under Section 147, IPC. The appeal of Arjun Singh challenging his conviction by the Sessions Court was dismissed by the High Court.
(2.)All the aforesaid five accused along with Bhanwar Singh who died during the pendency of the appeal before the High Court were charged, Inter alia, for offence under Section 302/149, IPC for the murder of Dharam Pal. Along with Arjun Singh, Bhanwar Singh was also convicted by the Sessions Court for the offence as aforesaid for which Arjun Singh was convicted and similar imprisonment was imposed on Bhanwar Singh.
(3.)One Raja Ram was an M.L.A. Bhanwar Singh was his brother. Arjun Singh and Sarjan Singh are the sons of Raja Ram. Rajbir is his nephew. Mahesh was Secretary of the said Raja Ram. Dharam Pal, deceased in the present case, was accused of murder of Raja Ram. Dharam Pal was the uncle of Subhash Chand, PW-1, who is the son of one Ambar Singh. Subhash Chand, Dharam Pal and Ambar Singh and one Laik Singh were four accused in the case of murder of Raja Ram which had taken place on 20th May, 1973. The incident which is the subject matter of these appeals took place on 20th February, 1975, when trial against Subhash Chand, Dharam Pal, Ambar Singh and Laik Singh was pending. They were convicted of the offence of murder of Raja Ram by Court of Session on 9th April, 1977, which was, however, set aside by the High Court in appeal on 6th November, 1984.