- (1.) These appeals are directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 169-DB of 2005, wherein and whereunder the High Court has allowed the appeals filed by the six accused persons namely, Kishori Lal, Gulbir, Chander Pal, Dharam Pal, Desh Raj and Sher Singh and dismissed the appeals filed by the other accused persons and thereby confirmed the judgment and order of the Trial Court qua the other five accused persons.
(2.) Tragic case of a double murder of Ram Kishan and Rattan Singh ("the deceased" for short) on 04.12.1996. The dispute between the accused persons and the injured and deceased persons pertained to a piece of land in village Gurwari. The Prosecution story, as noticed by the High Court, is as under: "That on 04.12.1996, Complainant, Lachhman, resident of Gurwar, along with his uncle Rattan Singh and Ram Kishan alias Rama were irrigating their fields situated near Yamuna river. At about 12.30 p.m. Kishore Lal son of Nathi and Desh Raj son of Lakhi came there on their tractors. Charan, Dharam Pal, Chander Pal, Gulbir alias Gulli, Amar Singh alias Amri, Sher Singh, Bijender, Manohar Lal and Mahipal were on the tractors. Manohar Lal was armed with a licenced gun, Charan was having a double barrel gun, Mahipal was armed with country made pistol. Amar Singh alias Amri, Dharam Pal, Kishori Lal, Sher Singh, Bijender, Desh Raj and Gulbir were armed with ballams, Chander Pal was armed with a lathi. Accused started ploughing the land with their tractor. Objection was raised by the complainant party and requested the accused party not to plough the land because the land was in their possession and wheat crop was sown. Complainant came forward to stop the tractor then Charan fired a shot hitting the complainant. Charan again fired a shot hitting the complainant. On receipt of fire arm injuries, complainant fell down then Kishore Lal gave ballam blow on the back of his right palm. Amar Singh alias Amri gave lathi blow on the back of his right palm. Amar Singh alias Amri gave lathi blow hitting his left shoulder. Chander Pal gave lathi blow on his waist. After that Ram Kishan and Rattan Singh tried to intervene and rescue the complainant then Amar Singh alias Amri gave ballam blow to Ram Kishan which hit on his thigh near his left leg. Dharam Pal gave ballam blow to Ram Kishan on the left ankle of Ram Kishan. Ram Kishan on receipt of injuries fell down. Then Sher Singh and Bijender gave blows with their respective weapons hitting on the back of Rattan Singh. Mahipal fired a shot from his country made pistol hitting on the head of Rattan Singh. Bijender gave ballam blow hitting on the right side of the head near armpit of Rattan Singh, Raula was raised. Chander Pal and Hukam came to the spot and had witnessed the occurrence. They had rescued the complainant from the clutches of the accused-party. Thereafter, accused had fled away from the spot with their respective weapons on the tractors. Injured was being shifted to Palwal Hospital but on the way, Ram Kishan alias Rama had succumbed to his injuries. First aid was given to the injured in the Palwal Hospital. Rattan Singh was referred to Delhi Hospital."
(3.) It transpires from the record that the accused persons had reached the said land in their tractors armed with weapons including guns. They witnessed the deceased persons and others cultivating the land and therefore forcibly entered the lands and upon resistance being offered, they assaulted the deceased persons and others with lethal weapons carried by them. As a result of the assault, few were injured and two succumbed to death; one while being rushed to the hospital and the other at the hospital even after being provided medical aid.;