Sethi, J. -
(1.)These appeals are directed against the order of the High Court acquitting the respondents who, upon trial, were found guilty and convicted by the trial court for the commission of the offence punishable under Section 302 read with Section 34 of the Penal Code. They were sentenced to life imprisonment and a fine of Rs. 10,000/- each to be paid, on realisation, to the widow of the deceased. It is contended that the judgment of the High Court is perverse, based upon the assumptions and conjectures, completely ignoring the reliable legal evidence and has resulted in miscarriage of justice which is sought to be set right.
(2.)The occurrence in which one Raj Karan aged about 23 years was murdered, took place in Village Siwah near Panipat in the State of Haryana. Report of the occurrence was lodged on the same day at about 10.30 a.m. at the police station which is 8 kms, away from the place of occurrence. The copy of the said report was sent to the Area Magistrate under Section 157 of the Cr.P.C. which reached the Magistrate at 11.00 a.m.
(3.)The deceased along with his 7 other brothers was living in the said village Siwah where they owned their lands. One of his brother Sukhchain Singh (PW1) was a practising lawyer at Panipat while permanently residing in the village. The deceased and Sukhchain Singh (PW1) were living jointly whereas all the remaining brothers lived separately. In their neighbourhood lived Hardwari Lal and Suraj Mal who were in the litigation with each other for partition of the land. As Raj Karan was on visiting terms with Suraj Mal, Hardwari Lals nephew Bishna and his grand-son Balbir, both accused, had conceived ill-will against Raj Karan, deceased whom they considered as the apple of discord. On the night intervening 2nd and 3rd of May, 1989, Sukhchain Singh (PW1), Raj Karan, deceased and Jai Karan, cousin of PW1 wee carrying chaff loaded in a trolley from the fields of the village. At about 4 a.m. on 3rd May, 1989, the deceased after loading the trolley tied it with the tractor and drove it near their house where the chaff was to be staked in the adjoining rooms. Sukhchain Singh (PW1) and Jai Karan (PW2) were coming to their house on foot by a short-cut passage after Raj Karan had left the fields. After reaching near the house Raj Karan started waiting for his brother and cousin to reach. At that time both the accused persons, armed with lathis (sticks), came out of their house, raised a lalkara declaring that they will teach a lesson to Raj Karan for helping Suraj Mal and finish him. They surrounded the deceased and inflicted lathi blows on his head. The commotion and the noise attracted the attention of Sukhchain Singh (PW1) and Jai Karan (PW2) who saw the occurrence. They saw Balbir and Bishna giving blows on the head of Raj Karan as a consequence of which the injured became unconscious and fell down on the ground. When the witnesses raised hue and cry and sought help of the villagers, the accused persons fled away from the spot with their lathis, Satinder Kumar, another brother of the deceased, also reached on the spot. All the persons present on the spot arranged a trolley and removed Raj Karan in an injured condition to Civil Hospital, Panipat for treatment but at 6.45 p.m. the injured succumbed to his injuries in the Hospital. When the injured was brought to the Hospital, the doctor had sent a note to the Police Station, Sadar, Panipat on the receipt of which Bulla Singh, Assistant Sub-Inspector (PW5) reached the Civil Hospital and recorded the statement of complainant Sukchain Singh (PW1) at 8.30 a.m. which was later treated as First Information Report and marked Exh. PA/3.