- (1.) On 6-4-1974 at about 8.30 a.m., a grave rioting took place near a field situated in village Bhuma within the limits of Miranpur Distt. Police Station during the course of which, one Raja Ram died and some others received injuries on the prosecution side and two persons died on the side of the accused and some others also received injuries. A report was given to the police and five accused were tried, by the trial Court for offencess punishable under Ss. 147, 148, 302 read with 149 and 307 read with 149 Indian Penal Code. The trial Court convicted four of them. original accused Nos. 1 to 4 and acquitted Santar Pal, the 5th accused. The four convicted accused preferred an appeal to the High Court but the same was dismissed. Hence, the present appeal.
(2.) The prosecution case is as follows :- Kabool Singh. Bhagal, Shittal and Smt. Vidyawati were co-tenure holders of a piece of land in that village. The share of Vidyawati was to the extent of 1/4th. She was married in a village situated in the district of Meerut. She instituted a suit for partition. The other cosharers accepted that she had 1/4 th share. A preliminary decree was passed on 19-12-72. On the basis of that decree, Vidyawati transferred her 1/4th share in favour of Govind (A-2), Dharampal (A-1) and Sarni - sons of Ami Chand on 14-6-73. Thereupon the transferees, namely, the accused and their associates moved an application in the partition suit for being substituted as legal representatives of Vidyawati. They also prayed that a final decree may be passed. While the matter was still pending before the Revenue Court, Sarni s/o Ami Chand made an application to the Supdt. of Police praying that the recorded co-sharers of the holding were not permitting them to enjoy their own 1/4th share and they were intending to resort to Violence. On the basis of that petition, proceedings under Sections 107 and 117. Cr. P.C. were sought to be initiated against the prosecution party. While so, the present incident took place. According to the prosecution, the deceased in this case, PW-l and the rest were preparing to cut crops and the accused armed with lathis and guns went there to stop them, that resulted in a clash resulting in the death of Raja Ram and four other persons receiving injuries, out of which two are examined as eye-witnesses. On the side of the accused Sarni and his father Ami Chand received gun shot injuries and died and four others received injuries. It appears both cases were investigated. We are concerned with the Sessions Trial no. 398-A of 1974 in which the present appellants were tried for offences as mentioned above.
(3.) The Doctor, who conducted the post-mortem on the dead body of Raja Ram, found three gun-shot wounds and some incised wounds. On internal examination, he found lungs and pericardium are lacerated and some ribs were fractured and he opined that the death was due to those fatal injuries. The Doctor also examined the injured persons Bhagal, Kabool, Bhundia and Madan. The Doctor also conducted the post-mortem on the dead bodies of Sarni and his father, Ami Chand belonging to the accused party and the Doctor found number of gunshot injuries and incised wounds on their bodies. The Doctor also examined Govind (A-2) and others who received injuries.;