Harjit Singh Bedi, J. - (1.) The facts given in the F.I.R. recorded at the instance of Suresh Bhan, PW-2, on May 5, 1992 are as under:
(2.) About six months prior to the date of occurrence, a dispute had arisen between the complainant and the accused party regarding a street and agricultural land situated in village Rurkee. The matter had then been compromised with the good offices of one Pt. Umed Singh On 3/4.5.1992, Suresh Bhan and some other persons were going towards the street when they found a buffalo belonging to Luxmi Narain and Ram Diya, accused sons of Manphul, tethered to remove the obstruction, Ram Diya etc. refused to do so. Suresh Bhan informed Pt. Umed Singh aforementioned about what had transpired. On May 5, 1992, Suresh Bhan, his brothers, Devender and Brahm Parkash started putting bricks on the street to close it. Suresh Bhan and Brahm Parkash, however returned to their home leaving Devender at the spot. At about 1.30 p.m., they heard a raula of the fight on which the two accompanied by their mother, Shakuntla, rushed towards that way and saw Ishwar and Ram Diya, armed with gandasis, causing injuries to Devender with their weapons. Devender fell down on the ground and Shakuntla fell on him to save him from further injury. Ram Diya then gave a gandasi blow on her back and Ishwar gave another gandasi blow on her head. In the meantime, Mahander, accused, carrying a Jially and the Other accused, Lumxi Narain, Lal Chand, Ram Dhan and Siri Bhagwan, armed with lath is , came to the spot. Ram Dhan and Mahender caused injuries with their respective weapons to Suresh Bhan whereas, Brahm Parkash, his brother, and their father Ram Dutt also received injuries in the incident. The complainant party also caused injuries to the accused party in self-defence. Devender was thereafter removed to the Medical College Hospital, Rohtak in a tempo by Suresh Bhan and Ram Dutt but was declared dead on arrival. Suresh Bhans statement was thereafter recorded by PW-8, Sub Inspector, Ishwar Singh at 10.10 p.m. and the formal F.I.R. was registered at Police Station, Sampla at 11.15. p.m., the special report being delivered to the Illaqa Magistrate at Rohtak at 2.30 p.m. on May 6, 1992. The accused were arrested in due course and on the completion of the investigation, Ishwar and Ram Diya were charged under Sections 302/324/34 of the Indian Penal Code and Mahender Singh, Luxmi Narain, Lal Chand, Ram Dhan and Siri Bhagwan were charged under Section 323/149 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.
(3.) To substantiate its case, the prosecution examined, PW-1 Dr. Kulbir Singh, who had conducted the post mortem examination and had found two incised wounds on the body; PW-2 Suresh Bhan, PW-3 Shakuntla, PW-4 Brahm Parkash, the three injuries eye witnesses; PW-5 Dr. Mahabir Singh, who had sent a ruqa to the police post at Medical College Hospital, Rohtak at 3.30 p.m. with regard to the arrival of the dead body; PW-7 Dr. Rajan Kohli, who had medico-legally examined Shakuntla at 11.45 p.m. on May 5,1992 and found three injures on her person, one of them incised, Ram Dhan at 1.30 a.m. on May 6, 1992 and found two injuries on his person, Siri Bhagwan, accused 15 minutes earlier and had found three injuries on his person, the first two being on the head, Lal Chand 15 minutes earlier to him add found three injuries on his person, all on the head, Suresh Bhan, complainant, PW-1, at about mid-night on May 5, 1992 and had found four injuries on his person, one of them on the head, Brahm Parkash, PW-2 at 1.00 p.m. on May 5, 1992 and had found three injuries on his person, one of them grievous and had opined that the injuries on both the parties could have been suffered at one and the same time, and PW-8, Sub Inspector, Ishwar Singh, the Investigating Officer.;