Beg, J. - (1.) The four appellants Daryao Singh aged 46 years, Birbal aged 50 years. Dharam Pal aged 29 years and Om Pal aged 25 years, were tried along with 14 others, for the offence of rioting in the course of which two murders were committed, on 7-6-1967 at about 6-30 a.m. on a path adjoining the field of the appellant Daryas Singh leading to village Parsoli from village Nirpura in Police Station Doghat, in the District of Meerut. The trial Court acquitted eleven accused persons giving them the benefit of doubt and convicted seven including the four appellants. Each of the accused persons was charged and convicted under Section 302, read with Section 149, Indian Penal Code and sentenced to life imprisonment, in addition to charges and convictions under Sections 149/324 and 149/34. I. P. C. and either under Section 147 or Section 148, I. P. C. depending upon the weapon alleged to have been used by an accused person.
(2.) The prosecution case revealed a long standing enmity between two groups of village Nirpura:one to which the appellants belonged and another to which Mukhtara and Raghubir, the murdered men, and the four other injured persons belonged. As is not unusual, the origin of the hostility between the two sides seems to have been a dispute over cultivable land between collaterals who had some joint Khatas. Asa Ram. P. W. 1. claimed to be in separate possession of some plots with his two brothers, including Raghubira (murdered). and his uncle Mukhtara (murdered). It was alleged by Asa Ram (P. W. 1 ) that Daryao Singh appellant wanted to take forcible possession of some land cultivated by him. Daryao Singh and others had already filed a partition suit which was pending at the time of the occurrence. It appears that Hargyan the father of the appellant Daryao, a first cousin of Mukhtara, the murdered man, had also been murdered (sic ) dispute. Asa Ram (P. W. 1), and Raghubira (deceased), Bija (P. W. 10) and Asghar (P. W. 4) had been convicted and sentenced to life imprisonment. They had been released on parole after five years' imprisonment.
(3.) On the date of occurrence, Mukhtara, the murdered man, was said to be proceeding with Raghubir, who was also murdered, and Asa Ram, P. W. 1. and Bija. P. W. 10, all sitting in a buggi driven by Asghar, P. W. 4. and Smt. Jahani, P. W. 3. the wife of Asa Ram P. W, 1, was said to be following the buggi at a short distance with some food for the party. When this buggi reached the field of Daryao Singh, where a number of persons, said to be eighteen altogether, whose names are mentioned in the first Information Report lodged at Police Station Doghat at a distance of three miles from village Nirpura at 8.30 a. m., were sitting on the boundary. These persons are alleged to have surrounded the buggi and attacked its occupants with balams and lathies shouting that the whole party in the buggi should be killed. Five occupants of the buggi, and, after that Smt. Jahani, who soon joined them were injured. Two of them, Mukhtara and Raghubir, died very soon after the attack. It was alleged that Dharam Pal, Birbal and Daryao, appellants, and Naihar, Ajab Singh, and Ram Kishan, acquitted persons, were armed with balams, one Salek Chand was armed with a spade, and the rest with lathis. A number of witnesses are said to have arrived in response to the shouts of the injured occupants of the buggi. The following injuries are shown to have been sustained by the victims of the attack: 1. MUKHTARA: "1. Vertical abrasion, 1 1/2 " x 1/2 " on the head, 4" above the middle of the left eyebrow. 2. Transverse abrasion, 1 3/4 " X 3/4 " on the head, 5" above the right eyebrow. 3. Round swelling. 2"x2" on the right side of the head, 1/2 " above the ear there was a depressed fracture 2"x 2' underneath the bone. ' 4. Transverse incised wound 1 1/2 " x 1/2 " x bone and brain deep on the head 1" behind the middle of the right ear. Brain matter was coming out of the wound. 5. Transverse incised wound 1 1/4 " X 1/2 " x bone deep on the head 3" behind the upper part of the right ear. The margins of injuries Nos. 4 and 5 were clear cut smooth and well defined and angles on both the ends were acute. 6. Round blue mark 2" x 2" on the right shoulder portion. There was swelling all over the head. There was no reference of injuries Nos. 1 and 6 in the inquest report." 2. RAGHUBIRA: "1. Transverse abrasion 1/4 " X 1/2 " on the left ankle inner side. 2. Vertical punctured wound 1/2 "x 1/3 " x 1/4 " on the back side, of the elbow, margins clean cut, smooth and well defined and angles were acute. 3. Transverse lacerated wound on the head, 1 1/2 " x 1/2 " bone deep on the, right side 3" above the ear. 4. Round wound on the head 4 1/2 " above the middle of the right eyebrow with margins clean cut." 3. ASA: "1 Punctured wound 1/2 " x 1/4 " x 1/2 " on the left side of the chest with abrasions on the margins, 6 1/4" below the axila. 2. Abrasion 1/2 " X 1/4 " on the left shoulder. 3. Abrasion 1 1/4 " X 1/8 " oblique, on the right side of the chest extending towards right shoulder from epigastrium. 4. Abrasion 1/4 " X 1/8 " on the inner side of the left hand 1/" above the wrist 5. Abrasion 1/4 " X 1/6 " on the right arm back side 3'' above the elbow 6. Constusion 3/4 '' x 1/2'' on the right side 3 1/2 " below the edge of the iliac crest. 7. Incised wound 1/2 "X1/10 " X skin deep 1/2 " below the left eye." 4. SMT. JAHANI: "1. Lacerated wound 1 3/4 " X 1/2 " bone deep from front to backward 3 1/2 " above the left ear. 2. Contusion 4 1/4 " X 1" on the left scapular region. 2 1/2 " below the shoulder. 3. Contusion 1 1/2 " X 3/4 " parallel to the earth extending from the upper and inner end of injury No. 2. These injuries were simple and had been caused by some blunt weapon, like lathi and were about 6 hours old (fresh). I had prepared the injury report Ex. Ka 16 at the time of examination. It bears my signature and is correct." 5. ASGHAR: "1. Contusion 2" X 1/4 " X 1/4 " going from front to back 3 1/2 " above the nose. 2. Punctured wound 1/8 " X 1/8 " X 1/4 " on the left hand, outer side 2" below the elbow. 6. BIJAI SINGH: "1. Contused wound 1/2 " X1/8 " X skin deep at the part above the nail of the thumb of right hand with contusion 1 1/4 " x 1/2 " in the inner part of the nail. 2. Contusion 2 1/4 " X 3/4 " extending from the palm on the 1st and 2nd kunckles where blood had clotted in an area of 1/2 " X 1/4 " on the palmer side. 3. Abrasion 1/2 " X 1/4 " on the back and anterior side of Right hand, 3 1/2 " above the wrist.";