- (1.)In the present appeal by way of special leave, we are concerned with appellants Vijay Singh and Hari Singh.
(2.)According to the prosecution, on 16th of June, 1992 at about 6.30 A.M., a report was lodged by the informant, Pohap Singh (PW-1), alleging that while he was at his house, his father Bhagirath (deceased) was returning home after answering the nature's call and at that time, 11 accused persons including appellant no. 2 Hari Singh armed with farsa and appellant no. 1 Vijay Singh armed with a ballam and other accused armed with axes surrounded him. Seeing this, according to the informant, his mother Prema Bai (PW-2), his wife Sheela (PW-3) and grandfather Jagannath (PW-6) went to rescue him, whereupon informant Pohap Singh was assaulted by lathi by one of the accused. Meanwhile, appellant no. 2, Hari Singh inflicted an injury on the neck of the deceased with farsa upon which he fell down. Thereafter, all the accused assaulted the deceased with the weapons with which they were armed. It is the case of the prosecution that appellant no. 1, Vijay Singh caused an injury with a ballam near the eye of the deceased and he died on the spot.
(3.)On the basis of the report given by Pohap Singh, a case under Section 147, 148 and 302/149 of Indian Penal Code, 1860 (hereinafter referred to as "the IPC") was registered. Police after usual investigation submitted the charge-sheet against all 11 accused persons and ultimately they were committed to the Court of Sessions to face the trial. The Sessions Judge acquitted 9 of the 11 accused and convicted the appellants herein for commission of offence under Section 302 of the IPC and sentenced them to imprisonment for life. The learned Judge found the allegations as to the infliction of injuries, on the head and neck of the deceased by specific weapon such as ballam by appellant no.1 and farsa by appellant no.2 respectively, to have been corroborated by the medical evidence. Hence, the two appellants were convicted and sentenced as above.