- (1.) These two appeals have been heard together as they stem from a common judgment rendered by the Additional Judge, Designated Court, Karnal (at Ambala) in Sessions Trial No. 52 of 1987. Facts leading to these appeals and relevant for their disposal are as under :
(2.) (a) On December 27, 1986, at or about 3.00 a.m. Naurang Singh, a resident of village Manakpur, lodged an F.I.R. with Om Prakash (P.W. 19), the then Station House Officer of Ambala (Sadar) Police Station, at Civil Hospital, Ambala, wherein he stated, inter alia, that to keep a vigil over the electric lines of their village, Gurdev Singh (P.W. 10), the Sarpanch, used to deploy some villagers every night. In the previous evening, Gurdev had sent Faquira (P.W. 15),Chowkidar of the village, to inform Harbhajan Singh and Gurnam Singh, two of the villagers that they would have to perform the above duty in that night. Accordingly, Faquira went to the house of Harbhajan Singh at or about 8.30 p.m. and having found his nephew Nachhatar Singh present there apprised him of the direction of Gurdev Singh. Nachhatar Singh, however, refused to comply with such direction. Over this issue a quarrel ensued between Faquira and Nachhatar Singh in course of which the informant (Naurang Singh) and his son Nirmail Singh (P.W. 14) came out of their house. Nachhatar Singh then left the place saying that he would teach Gurdev Singh a lesson for exploiting his authority as the Sarpanch. Sometimes thereafter, Gulab Singh, Kulwant Singh, Jaswant Singh alias Bant Singh and Saudagar Singh, all sons of Amar Singh, Shamsher Singh and Baldev Singh, sons of Sadhu Singh, Charan Singh, son of Raunaq Singh and Nachhatar Singh son of Gurnam Singh, came there fully armed. While Gulab Singh and Shamsher Singh had guns with them, Charan Singh and Bant Singh had Gandasas and the other four lathis. When the informant along with his son Nirmail Singh and Faquira was about to leave the place to call Gurdev Singh, Saudagar Singh gave a lathi blow on his (informant's) head. Similar blow was also given by Nachhatar Singh. On being so assaulted, informant raised an alarm and hearing the same, Swaran Singh (the deceased) and his brother Gian Singh sons of Gurdev Singh reached there. Seeing them, Shamsher Singh fired a shot which, however, did not hit anybody. Then Gulab Singh fired a shot which hit Swaran Singh and felled him down. All the miscreants then ran away with their respective weapons. The informant and Swaran Singh were then taken to the hospital where the Station House Officer came on receipt of a ruqa from the doctor. (b) On the above statement of Naurang Singh, a case was registered against the above eight accused persons and Sub-Inspector Om Prakash took up investigation. He first arranged to get the dying declaration of Swaran Singh recorded by Shri R. K. Garg (P.W. 2), an Executive Magistrate (Exht. P/C-4) and then went to the site of the incident. He seized some blood-stained earth and two pieces of wad from near the house of Naurang Singh and also prepared a site plan. In course of investigation, he arrested the accused persons and seized the licenced DBBL gun of accused Shamsher Singh and two cartridges. (c) On January 11, 1987, Sub-Inspector Om Prakash received a report that Swaran Singh had succumbed to his injuries, and on receipt of the same he went to the hospital and after holding inquest on his body, sent it for post-mortem examination. Dr Vinay Goel (P.W. 1), who held the autopsy, recovered some pellets from the dead body of Swaran Singh and sent the same to the Forensic Science Laboratory (F.S.L.) for examination. On receipt of the report of F.S.L. and after completion of investigation, police submitted charge-sheet against the eight accused persons and in due course, their case was committed to the Court of Session.
(3.) The accused persons pleaded not guilty to the charges levelled against them and contended that they had been implicated falsely.;