S. P. Kurdukar, J. - (1.) These two Criminal Appeals on obtaining Special Leave have been filed by the appellants challenging the legality and correctness of the judgment and order of acquittal dated January 28, 1988 passed by the Punjab and Haryana High Court at Chandigarh.
(2.) The prosecution had put in the challan before the Judge, Special Court, Firozepur on 14-8-1985 for trial of six accused respondents herein on the following allegations:- Baldev Singh (since deceased) was the younger brother of Hardev Singh (P.W.2) and Jaswant Singh (P.W.1), Harbhej Singh (A-1), Gurbhej Singh (A-2), Amrik Singh (A-3) and Gurmej Singh (A-4), the respondents herein, are the real brothers whereas Sohan Singh (A-5) and Mohan Singh (A-6), the respondents herein, are the real brothers. The house of Harbhej Singh (A-1) is situated adjoining the house of Hardev Singh (P.W.2). Harbhej Singh (A-1) and Sohan Singh (A-5) are cousins, Suba Singh, the appellant in Criminal Appeal No.558 of 1988 is the son of Harbhajan Singh (since deceased), whereas Criminal Appeal No.557 of 1988 is filed by Hardev Singh, the brother of Baldev Singh (since deceased).
(3.) It is alleged by the prosecution that Hardev Singh (P.W. 2) was doing some construction work at his house. On 23rd May, 1985 at about 7.30 p.m. when he was sitting in his house alongwith Jaswant Singh and their father Chanan Singh, Harbhajan Singh (since deceased) and Suba Singh (P.W. 3) came to his house with a view to help him in the construction work. At that time all the accused persons armed with deadly weapons reached the house of Hardev Singh (P.W. 2). Harbhej Singh (A-1) was armed with a 12 bore double burrel gun, Gurbhej Singh (A-2) with a Gandhaji, Sohan Singh (A-5) with a Kripan, and Amrik Singh (A-3), Gurmej Singh (A-4) and Mohan Singh (A-6) were carrying Gandasas with them. The trespassed into the house of Hardev Singh (P.W.2) and a lalkara was given to teach a lesson to him and others for causing injuries to Harbhej Singh (A-1). Immediatelyy all these accused persons started assaulting Suba Singh (P.W.3) on his chest. In the meantime Harbhej Singh (A-1) fired a shot from his gun hitting on the right dorsal and the pitarm of Harbhajan Singh causing a bleeding injury upon which he fell down Amrik Singh (A-2) then inflicted blows from the sharp side of the gandasa on his shoulder and right dorsal while he was lying on the ground, Gurmej Singh (A-3) gave a gandasa blow from its sharp side on his right thigh; Mohan Singh (A-6) did not lag behind and also gave a gandasa blow on his right ankel. Harbhej Singh (A-1) fired one more shot from his gun but it did not hit any body. A roula was raised whereupon all the accused persons fled away with their weapons.;