- (1.) Leave granted.
(2.) The present appeal arises out of judgment and order dated February 28, 2006 in Criminal Appeal No.50- DB of 1997 passed by the High Court of Punjab and Haryana convicting the appellants and other accused persons for various offences. The said appeal was filed by the accused persons against their conviction and sentence recorded by the Addl. Sessions Judge, Bhiwani on December 12, 1996 and December 17, 1996 in Sessions Case No. 5 of 1994.
(3.) The case of the prosecution was that on June 29, 1993 between 7.00 and 8.00 a.m., one Daryav Singh (PW3) and his two sons, Sajjan Singh (since deceased) and Gaje Singh (PW5) were weeding out the wild grass from their cotton field. Devender Singh (accused No.1), Suresh Singh (accused No.3), Shamsher Singh (accused No.5), Jai Bhagwan (accused No.2), Jai Pal Singh (accused No.4), Jagbir Singh (accused No.6) and one Raj Kumar (a juvenile whose case had been referred to the Juvenile Court) came there. Devender Singh and Jagbir Singh were armed with pharsas and other four accused were armed with jaillies. Daryav Singh, Sajjan Singh and Gaje Singh exhorted that they would teach a lesson to the complainant side for getting the land of one Pooran transferred in favour of the sons of Daryav Singh and they would also uproot their Bajra crops. They also stated that they would cause injuries to complainant side and would obtain land from Pooran. PW3-Daryav Singh told the accused persons not to quarrel and to go back. The accused persons, however, refused to do so. Deceased Sajjan Singh and PW5-Gaje Singh also told the accused persons to refrain from giving abuses but accused No.6 (appellant No.2) gave a pharsa blow on the head of Sajjan Singh. Accused No.5 gave a jailly blow on the neck of PW5-Gaje Singh. Accused No.3-Suresh Singh (appellant No.1) gave a blow from the reverse side of jailly on the shoulder of PW3-Daryav Singh. Raj Kumar also administered a jailly blow on the right knee of PW3- Daryav Singh. Daryav Singh fell down. Accused No.2-Jai Bhagwan gave a jailly blow to deceased Sajjan Singh on his shoulder. Accused No.5-Shamsher Singh also gave a jailly blow to deceased Sajjan Singh which hit on his back. Accused No.2-Jaipal gave a jailly blow to deceased Sajjan Singh. Sajjan Singh fell down. Accused No.1- Devender Singh gave a pharsa blow on the left foot of PW5-Gaje Singh. Accused No.3-Suresh Singh (Appellant No.1) gave a jailly blow on the shoulder of PW5-Gaje Singh. Accused No.4-Jai Pal Singh gave a jailly blow to PW5-Gaje Singh. Accused No.5-Shamsher Singh gave a jailly blow on the back of PW5-Gaje Singh. The injured raised an alarm which attracted Rajbir and Raghbir who rescued the injured. The accused then fled away with their weapons. Rajbir and Raghbir took the injured to General Hospital, Charkhi Dadri where PW11-Dr. S.C. Gupta examined deceased Daryav Singh on the same day i.e. on June 29, 1993 and found the following injuries. "On general examination:- General condition of the patient was guarded. Patient was conscious. B.P. Was 110/70 mm of Hg. (Blood from the nose and mouth was present). 1. An incised wound size 6 cms x 1.5 cms bone deep on the middle of the skull extending from the middle to the occipital region of the skull. Margins were smooth and regular. Hair parts were present inside the wound. Profused bleeding was present. Advised Xray skull AP and lateral view. 2. Reddish contusion on the anterior aspect of the right thigh size 6 cms x 4 cms extending above downward. Movements were painful but were not restricted. 3. Reddish contusion on the dorsal aspect of the left forearm near the wrist joint. It was tender on touch and size was 4 cms x 2 cms. Movements were painful but not restricted". All the injuries were kept under observation. Their probable duration was within 24 hours. Injury No.1 was found with sharp weapon while injuries Nos.2 and 3 were found with blunt weapon. Exhibit P.J is the copy of medico-legal report. Exhibit P.J/1 is the pictorial diagram showing the seats of the injuries.;