- (1.) Appellants in these appeals along with one Manohar Singh (A-2- since deceased), Nanuram (A-8 - since deceased) and Umrao Singh (A-7- since deceased) were tried and held guilty for commission of offences punishable under Sections 302/149, 147, 148 and 307/149 of the Indian Penal Code (IPC). They were sentenced to undergo imprisonment for life for commission of the offence under Section 302/149 IPC; three months' rigorous imprisonment for the offence under Section 147 IPC and a fine of Rs.100/- each.
(2.) Accused persons, namely, Shyam Singh (A-1), Manohar Singh (A-2), Laxman Singh (A-3), Mohan Singh (A-4), Rattan Lal (A-5), Kripal Singh (A-16), Bhupendra Singh (A-17) and Kuber Singh (A-18) were found guilty also under Section 148 IPC and sentenced to undergo rigorous imprisonment for three months and fine of Rs.100/- each.
(3.) The prosecution case is as under : Relationship between the accused persons and the complainant party was strained on account of Panchayat election wherein Bhupendra Singh (A-16) was elected defeating Vikram Singh (PW-16). The incident occurred at about 02.30 p.m. on 25.10.1984 in a village known as Kantharia within the jurisdiction of Jharda Police Station. It was alleged that when Shivnath Singh (PW-13) was sitting in his house along with Ram Pratap Singh (PW-18), Prem Singh (deceased) and Bhom Singh (PW-19), accused persons Mohan Singh, Manohar Singh, Kripal Singh (A-12), Laxman Singh and Karan Singh (A-9) were also sitting nearby, abuses were exchanged between both the parties. Jaswant Singh (PW-12) asked members of both the parties not to hurl abuses to each other. Kripal Singh (A-16), Bhupendra Singh @ Bhopal Singh (A-17) and Kuber Singh armed with 12 bore guns at that time came from the old village of Kanthariya on a tractor. The said tractor was driven by Bhanwar Singh (A-6). Laxman Singh is said to have been armed with dhariya, Manohar Singh was having spear and stone and other accused were said to have been armed with lathis. When Jaswant Singh asked the accused persons not to quarrel, Manohar Singh pelted stone causing injury on his head, whereupon he fell down on the ground. Thereafter, Shyam Singh and Kripal Singh (A-12) caused injuries to him by a dhariya. Other accused persons are also said to have assaulted by lathis. Bhupendra Singh (A-17) is said to have fired a gun shot to the chest of Prem Singh and Kripal Singh (A-16) as well as Kuber Singh are also said to have fired shots at Bhom Singh, Meharban Singh (PW-22) and Babu Lal (PW-23). During the incident Hakam Singh (PW-17), Ram Pratap Singh, Rajendra Singh (PW-20), Bhupendra Singh (PW-21), Meharban Singh and Bharat Singh (PW-24) are said to have suffered injuries. Shivnath Singh, who examined himself as PW-13, lodged the First Information Report in relation to the said incident at about 05.45 p.m. on the same day.;