- (1.) Om Prakash and Sunder Dass, original accused Nos. 1 and 3 respectively are the appellants in Criminal Appeal No. 324 of 1982, Madan Lal, Public Witness 18, an injured witness has filed Criminal Appeal No. 381 of 1983 challenging the acquittal of vir Bhan and Suresh, original accused Nos. 2 and 4 respectively. All these four accused were tried for offences punishable under S. 302, 325, 324 and 323 read with Section 34 Indian Penal Code. The trial court convicted all of them and sentenced them accordingly. The convicted accused preferred an appeal to the High court and a revision also was filed by the complainant Baldev Raj, Public Witness 17 for enhancement of the sentence of imprisonment for life to one of death. The High court acquitted Vir Bhan and Suresh of all the charges and upheld the convictions and sentences of Om Prakash, A-1 and Sunder Dass, A-3. The revision for enhancement of sentence was dismissed.
(2.) The prosecution case is as follows. The accused, the material witnesses and the deceased Hardial Singh are the residents of Fatehabad, District Hissar. In the year 1968, a land measuring 33 kanals situated at Village Ratia had been jointly purchased by A-3 and Jagta Ram, the father of the deceased Hardial Singh and the other injured witnesses. Both the parties without regular partition started cultivation of the land separately. About one and a half years before the date of occurrence, Jagta Ram sold his share to A-3 for a sum of Rs. 14,500. 00. Baldev Raj, Public Witness 17 filed a suit for obtaining possession of the land on the basis of his superior right of pre-emption which was decreed on 25/1/1980. Public Witness 17 had already been cultivating the said land as a tenant. It appears that Public Witness 17 had to pay some amount by way of batai to A-3. A dispute arose between the parties prior to this occurrence as a result of which security proceedings were instituted. Public Witness 17, his brother Hardial Singh, the deceased, Madan Lal, Public Witness 18 and Har Bhagwan, Public Witness 19 were present in their own fields. On 17/5/1980 at about 4.15 p. m. the accused came from the kotha of their tube-well. A-1 was armed with a double-barrel. 12 bore shotgun for which one Jagtar Singh had a licence, A-2 carried a lathi, A-3 was armed with a gandhali and A-4 was armed with a gandasa. A-3 Sunder Dass gave a lalkara and A-1 Om Prakash fired three or four shots causing injuries on the face, chest and abdomen of Hardial Singh who fell down on the ground and died. A-3 caused about four injuries with the weapon on Public Witness 17 and also to Madan Lal, Public Witness 18. Vir Bhan, A-2 gave a lathi blow on the back of Har Bhagwan, Public Witness 19. Thereafter all the accused left the place. Public Witness 17 went to the Police Station at Ratia and gave a report at about 5.15 p. m. A case was registered and the inquest was held over the dead body of Hardial Singh and the same was sent for post-mortem. Public Witness 1, a doctor, who conducted the post-mortem noticed multiple penetrating wounds as many as 90. On internal examination he found several vital organs having been injured. The death was opined to be due to these gunshot injuries. Public Witness 17 was examined by Public Witness 3, another doctor, who found two bruises, a swelling, an abrasion and an incised wound on the little finger on him. Madan Lal, Public Witness 18 was examined by the same doctor and he found on him an abrasion and a bruise on the right shoulder. The same doctor also examined Har Bhagwan, Public Witness 19 and found a bruise on his right shoulder joint. After completion of the investigation the charge-sheet was laid. The plea of the accused has been one of denial.
(3.) The case rests mainly on the evidence of PWs 17, 18 and 19, the injured witnesses whose presence at the scene of occurrence cannot be doubted. The trial court accepted their evidence and convicted all of the accused. The High court, however, having sifted the evidence of these eyewitnesses gave the benefit of doubt to Vir Bhan, A-2 and Suresh, A-4 on the ground that there is no corresponding injury found on Madan Lal, Public Witness 18 to the overt acts attributed to Suresh. The High court also acquitted Vir Bhan who was alleged to have caused an injury to Public Witness 19 with a lathi on the ground that all the injuries found on PWs 17, 18 and 19 must have been caused only by Sunder Dass, A-3 who was armed with a gandhali.;