JUDGEMENT
K.M. Joseph, J. -
(1.)Since these appeals involve the same impugned judgment of the High Court acquitting the respondents of offences under Section 147, 148, 149 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for short), we deem it fit to dispose of the same by a common judgment.
PROSECUTION CASE IN BRIEF
(2.)The complaint in this case, which led to the trial, was lodged by one Swarn Singh-PW1. The complaint in brief is as follows:
On 22.08.1992, when he, along with his father, mother and maternal uncle, were going on a tractor from Nanakmatta to their village and his father was driving the tractor, when the tractor reached one kilometre from their house, they found that a bullock cart has blocked their passage. The tractor stopped near the bullock cart. One of the accused-Pahalwan Singh appeared. The other accused, along with him, were hiding near a tree. He was having a sword in his hand. Resham Singh, who is the third respondent in Criminal Appeal No. 1857 of 2013, had a country-made pistol in his hands. Daleep Singh had a ballam (a sharp edged weapon), his son Jagir Singh carried a country-made pistol. Darshan Singh also had a country-made pistol. Veer Singh was having a sharp-edged weapon (campa). They started hurling abuses on the family of the complainant. Resham Singh fired with his country-made pistol. Pahalwan Singh and Darshan Singh fired with their country-made pistol, and Veer Singh Singh with his campa, inflicted blows on the complainant's father-Singhara Singh. He fell from the tractor and died. On raising alarm, all the accused fled away on the bullock cart. The complainant, his father and maternal uncle did not dare to fight the assailants.
(3.)The First Information Report (FIR) came to be lodged under Sections 147, 148, 149 and 302 of the IPC. The Trial Court framed charges under Sections 147, 148, 302 read with 149 of the IPC. Separate charges were also framed under Section 25 of the Arms Act,1959 (hereinafter referred to as 'the Arms Act', for short). PWs 1 to 6 were examined from the side of the prosecution. Statements of the accused were taken under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.PC.', for short).
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