- (1.) This appeal was presented by four appellants, namely, Bhagwan Singh, Mool Chandra, Ram Pal and Ramvir against the judgment and order dated 04.09.1992 passed by IVth Additional Sessions Judge, Etah in Sessions Trial No. 227 of 1989 by which the appellants were convicted for the offence punishable under section 304 part I read with section 34, I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 1,000/- on each of the accused-appellants with default sentence of six months R.I.
(2.) The appeal preferred by appellant No.1-Bhagwan Singh; appellant no.2-Mool Chandra; appellant no.3-Ram Pal, consequent to their death, was abated vide order dated 02.07.2019. The appeal of appellant no.4-Ramvir however survives.
(3.) The factual matrix of the case is as follows: Suresh Singh (P.W.1) lodged first information report (for short FIR) (Ext. Ka-1) at P.S. Jalesar, District Etah on 25.01.1989 at 5.15 pm against the accused-appellants alleging therein that a day before the incident, namely, on 24.01.1989, there had been a fight with Ramvir and others in respect of which son of his uncle had made a report. To settle the dispute when people were being collected to hold a Panchayat, Bhagwan Singh, Mool Chandra and Ram Pal came armed with Lathi; and Ramvir (Surviving appellant) son of Mool Chandra, came with Farsa (sharp-edged weapon) and challenged the holding of Panchayat. Ramvir assaulted informant's father (Babu Ram) with Farsa whereas others assaulted him with lathis. The incident was witnessed by Goverdhan (P.W.3); Rakshpal (P.W.2), Lochan (not examined); and Khiali (not examined). Rakshpal tried to intervene and suffered injuries. FIR was registered as Case Crime No. 12 of 1989 for offence punishable under Section 307 I.P.C. Babu Ram, who later succumbed to the injuries, was examined at P.H.C., Jalesar on 25.01.1989 and so was Rakshpal (P.W.2) on the same day. Babu Ram died on 26.01.1989. The investigation was concluded and charge-sheet was laid under Section 302 read with Section 34 I.P.C. against the accused-appellants. After taking cognizance on the charge sheet, case was committed to the court of sessions. Charge of offence punishable under section 302 read with 34 IPC was framed against the accused appellants, which they denied and claimed for trial. During the course of trial, prosecution examined seven witnesses. P.W.1 (informant - Suresh Singh); P.W.2 (Rakshpal), the person injured and eye-witness; and P.W.3 Goverdhan, also an eye witness. They were all witnesses of the incident and supported the prosecution case. They disclosed that just a day prior to the incident, an incident had occurred in connection with which Rajvir had lodged a report against Ramvir and Mool Chandra which was registered as NCR No. 30, under Sections 323, 504 and 506 I.P.C. (Ext. Ka-9). To arrive at a compromise, a panchayat was called which, upon insistence of the accused (Mool Chandra), was to be held at Thar of his house at about 2.30-3.00 pm. When the informant; Babu Ram (deceased); Khiyali Ram; Rakshpal (P.W.2), Goverdhan (P.W.3) and Lochan arrived at the designated place, the accused Mool Chandra, Bhagwan Singh and Ram Pal came with lathi whereas accused Ramvir came with farsa and challenged the informant and others that they shall be taught a lesson for holding a panchayat. Ramvir wielded a farsa blow upon the deceased (Babu Ram) which hit him on his head whereas the remaining accused assaulted him with lathis. Witnesses Govardhan and Rakshpal tried to intervene and raised alarm for help. In the process, Rakshpal also sustained injuries. The above allegations were proved by oral testimony of Suresh Singh (P.W.1); Rakshpal (P.W.2), the person injured whose injuries (Ex. Ka3) were proved by PW4; and Govardhan (P.W.3). P. W.4 (Dr. R.B. Singh) deposed that he had medically examined Rakshpal on 25.01.1989 at 5.30 pm. and found the following injuries on his person : (i) Lacerated wound of size 1 cm x .5 cm x muscle deep over left eye brow, horizontal in direction in middle; (ii) Lacerated wound of size .5 cm x .5 cm. left upper jaw. ;