- (1.) In challenge is the judgment and order dated 21.07.2008 passed by the High Court of Punjab and Haryana at Chandigarh, whereby Criminal Appeal No. 316-DB of 1998 preferred by the appellants herein along with four other co-accused persons (seven in all) convicted by the Trial Court as well as Criminal Revision No. 809 of 1998 filed by the Informant were analogously disposed of. The conviction of the appellants herein under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') with the aid of Section 34 as awarded by the Trial Court was affirmed. Whereas Rumal the convicted co-accused died during the pendency of the appeal before the High Court, the remaining co-accused (three in number) were acquitted. The Criminal Revision was dismissed while rejecting the prayer for enhancement of sentence. It is significant to note that the Trial Court had convicted all the seven accused persons under Sections 302/148/149 and 323/149 of the IPC and sentenced them, amongst others, to undergo imprisonment for life and a fine of Rs. 1,000/- each for the conviction under Section 302/149 of the IPC and in default of payment of fine to suffer rigorous imprisonment of one year.
(2.) The prosecution case in brief is that on 14.04.1997, Bhup Singh (hereinafter referred to as 'the deceased') had in the morning gone to his mine in the Pali Hill as usual. The informant - Sanjay (PW-3) along with his maternal uncle-Hukam Singh (PW-4) at about 09.00 a.m. also visited the mine. There they witnessed the present appellants along with Rumal (since deceased), Ramdhan, Rewati and Shyambir, armed with iron rods and lathis assaulting the deceased, who was also the maternal uncle of the informant. According to the informant, on seeing them, the accused persons raised a 'Lalkara' to kill him (the informant) and in the process, the appellant herein, Vijay Pal gave a blow with the iron rod on the left side of his head. Ram Rattan and Kishan Pal also assaulted him with lathi blow on his left hand and right knee. As alarm was raised by Hukam Singh (PW-4), the assailants fled from the scene of occurrence. The informant alleged that the incident had occurred due to a previous grudge with regard to mining operations in the area. After the incident, the informant and Hukam Singh (PW-4) prepared to take the deceased to the hospital for treatment, but he died at the spot.
(3.) According to the prosecution, when the informant (PW-3) was in a fit condition to make a statement, the same was recorded by the police which had reached the hospital on receiving a telephonic message therefrom and formal First Information Report (FIR) was thereafter registered and the investigation was undertaken.;