S. K. Dhaon, J. - (1.) THE 9 appellants before us and three other persons, namely, Shamim, son of Niaz Ali, Irfan, son of Rehman and Sukhpal son. of Kehar Singh were put up on trial before the Sessions Judge for facing charges under sections 302/149, 307/149 and 452 of the Indian Penal Code. THE last three persons have been acquitted while the remaining have been convicted. Hence this appeal.
(2.) THERE were cross first information reports. The occurrence took place in village Lohiya at a distance of about 5 kilometres from the police station Daurala in the district of Meerut. The date of occurrence is 30th August, 1978. According to one version the occurrence took place at 6.15 p.m. while according to the other it took place at 6.00 p.m. The parties are Gujars and are. therefore, members of the same community. Their houses are situated at a distance of 250 paces from each other. Tejpal Singh, son of Deshraj Singh, lodged a written report on 30th August, 1978 at 8.15 p.m. The material allegations in the report are these. Harpal Singh, the brother of Tejpal Singh, is the Pradhan of the village. Rain water had accumulated in the village. The houses and pathways were inundated. A week back Harpal Singi, the Pradhan of the village (hereinafter referred to as the Pradhan) collected the inhabitants of the village and suggested that the water may be let out; through an adjacent old drain. Every one agreed, but, on account of party politics, Kehar Singh opposed the suggestion and in that connection there was a verbal duel between the Pradhan and Kehar Singh with the result that tie digging of the drain was suspended. Yesterday (29th August, 1978), with a view to pick up a quarrel, Kehar Singh falsely alleged that the son of the Pradhan had teased his daughter- in-law (Bahu). This was a false rumour spread by Kehar Singh. Today (30th August, 1978) at about 6.15 P.M.. the 9 appellants and the aforesaid 3 persons with a common object, armed with lathi, licensed gun and country- made pistols arrived. The Pradhan, his sons Rajveer and Rajendra were inside their compound Shamim and Dharampal loudly exhorted to kill them (Harpal Singh, Rajveer and Rajendra) and do not allow them to escape. They commenced firing On hearing the firing, witnesses (1) Balbir son of Kiran Singh, (2) Bheese son of Jhurnman, (3) Rajpal son of Sukhhan, (4) Chotey son of Badlu, (5) Ompal son of Devi Singh, (6) Jaiprakash son of Santu, (7) Than Singh son of Kaley and (8) Mahabir son of Hukam Singh came to rescue. They (the witnesses) also fired upon 12 assailants and Rajendra too fired from the licensed gun of the Pradhan in his self-defence. As a result of the firing by Rajendra, the accused (assailants) were also injured. As a result of the firing of the accused, Balbir died on the spot. Rajendra son of Pradhan, the Pradhan, Bheese son of Jhumman Rajpal son of Horpal, Satveer son of Harpal Singh,, Rajveer Singh, son of Harpal Singh, Rajpal son of Sukhhan, Chotey son of Badlu and Ompal son of Devi Singh have received bullet and pellet injuries. The condition of Rajendra is serious. The injured has been brought to the police station. The cross report was lodged by Dhanpal Singh son of Mehar Singh on the same day, viz. 30th August, 1978, at 9.10 P.M. The allegations in this report were these. On account of the inundation of the village by rain water the pathway to the Jungle (open field) was through the Gher of the Pradhan. The wife of Jagdish, the nephew of Dhanpal, was going to the open field through the said Gher. Yesterday (28th -'August, 1978). Satveer, son of the Pradhan teased the lady. On her return, she complained to the members of the family. We requested the Pradhan to ask his son to desist from doing so in future. On hearing this, the Pradhan lost his temper and observed that some thing more will be done. On 30th August, 1978, at about 6.00 P.M. Tejpal son of Deshraj, Harpal son of Deshraj, Satveer son of Harpal, Veerpal son of Taj, Rajendra son of Harpal and Balbir son of Karini, in a consort, armed with guns and lathis attacked their houses and started beating Kehar Singh. Kehar Singh raised an alarm and thereupon Latoor san of Kaley, Shishpal son of Ajab Singh, Bharta son of Nanda and Kami wife of Bharta rushed to save Kehar Singh. The accused fired at them also. As a result of the firing the said persons had received injuries. This incident was witnessed by Bhagmal, Ranveer and others; In defence, Bhawar Singh also fired. The injured had been brought to the police station.
(3.) RAJENDRA Singh died in the hospital. An inquest report was prepared on 31st August, 1978. The post-mortem was conducted on the bodies of the deceased, namely, Balbir Singh and RAJENDRA Singh. The injuries of the injured persons on both the sides were medically examined. Post mortem of Balbir Singh was conducted on 31st August, 1978 at 4.30 p.m. His body was identified by constables Taj Mohammad and Raj Kumar, the deceased was aged about 30 years. The duration of death was about one day. Body was average built. He had the following ante mortem injuries :- 1. Gun shot wound of entry 1 cm x 1 cm x chest cavity deep on left side front 4 cm outer to the nipple at 9 O' clock position. 2. Gun shot wound of entry 1 am x 1 cm x chest cavity deep on left side front of the chest outer side 3 cm above injury no. 1. 3. Gun shot wound of entry 1 cm x 1 cm abdominal cavity deep on the left side of the abdomen. 4. Gun shot wound of entry 1 cm x 1 cm x abdominal cavity deep on the upper part 10 cm above the umbilicus at 10' clock position. 5 Gun shot wound of entry 1 cm x 1 cm x muscle deep on the right side of the abdomen 6 cm outer to the injury no. 4. 6. Gun shot wound of exist 2 cm x 2 cm on the left side of the chest back below the lower border of scapula. 7.Gun shot wound of exist 2 cm x 2 cm on the outer part of left side abdomen upper part. 8.Gun shot wound of exist 2 cm x 1.5 cm on the right side back middle part. 9.Abrasion 2 cm x 2 cm on the back of the right forearm lower part. On internal examination pleura was lacerated, right and left lungs were lacerated and peritorium. was lacerated, small intestines and large intestine and gall bladder were lacerated, No blackening and charging was present on the gun shot wounds of entry. Two big shots were recovered from the chest cavity and abdominal cavity. The cause of death was due to shock and haemorrhage.;