- (1.) The prosecution story is as under :- One Ram Sahai had four sons-Sohan lal (P.W.-11), Ratti Ram, Bal Kishan and Bishamber, Deceased Bhagli was the wife of Sohan Lal and Tara Chand (deceased) was his son, whereas Ram Kala (P.W.-10) was the wife of Tara Chand and Sarda (P.W.- 13) wife of Ratti Ram. Four of the accused are the sons of Bishamber aforesaid, one of the accused a grand-son and the female accused are the wives of three of Bishamber's sons. On April 14, 1992, Ram Kala and Sarda P.W.-s and Savita wife of Bal Kishan had gone to their field for taking the harvested wheat crop on a camel-cart to the thrashing place. Tara Chand deceased was driving the camel-cart, while Ram Kala, Sarda and Savita were returning to their house after loading the wheat on the cart at about 4.30 P.M., they saw Tara Chand deceased running towards his house leaving the camel-cart on the road. He entered his house followed by the accused. Rajbir accused was armed with iron rod, Lala alias Lal Chand a Kulhar, Bal Kishan alias Bala with a farsi, Hoshiar Singh, Thana Ram and Mains with jailis and the remaining accused with lathies, whereas Bholi with a far' Hoshiar Singh, Thana Ram and Main with jailis and the remaining accused with lathies, whereas Bholi accused (who was subsequently tried by the Juvenile Court) was armed with a dantali (sharp edged weapon). Ram Kala, Sarda and Savita tried to stop the accused, but they pushed them aside and inflicted injuries on Tara Chand with their respective weapons, as a result of which he fell on the ground. Tara Chand's father, Sohan Lal P.W.-, and his wife Bhagli come to Tara Chand's rescue, whereupon they too were caused injuries with various weapons and when Ram Kala, Sarda and Savita tried to help Sohan Lal, Bhagli and Tara Chand, the accused Rajbir gave a blow with an iron rod on the head of Ram kala and Bala accused gave a farsi blow on his back. The accused then ran away from the spot. Ram Kala and Sarda arranged for a vehicle and left for the Civil Hospital. Mohindergarh with the injured. Tara chand, however died on theway Sohan Lal P.W.- was medico-legally examined by Dr. Dharmvir Singh (P.W.-8) at about 8.25 P.M. and Ram Kala at about 9.40 P.M. on April 14, 1992. A ruqa was sent by Dr. Dharamvir Singh to the station House Officer, Police Station, Mohindergarh at about 7.45 P.M. with regard to the arrival of the dead body of Tara Chand and another ruqa at about 9.15 P.M. about the death of Bhagli wife of Sohan Lal in the hospital. On receiving this informaiton, P.W.- 14 Sub Inspector Shish Pal Singh reached the hospital and recorded the statement of Ram Kala P.W.- and on its basis registered a formal F.I.R. at the police station at about 9.05 P.M. on April 14, 1992. The special report was also delivered to the Illaqa Magistrate at Namaul at 1.00 A.M. on April 15, 1992. The motive for the offence was that there was a long standing enmity between the parties on account of the distribution of the land and there was criminal litigation pending in court. The sub Inspector also made the necessary enquiries at the place of the incident and at the hospital and also sent the dead bodies for the post-mortem examinations. On the arrest of the accused, the weapons of the offence were also recovered from them on the basis of their disclosure statements. On the completion of the investigation, all the accused except Smt. Bholi alias Sunita (who was sent for trial to the Juvenile Court being juvenile) were committed to stand trial for offences punishable under Sections 148, 302/149, 326/149, 325/149, 324/l49 and 452 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.
(2.) The prosecution in support of its case, examined fourteen witnesses in all, the primary one being Dr. Dharamvir Singh (P.W.-8), who had sent two ruqas (Exhs.PBB and PCC) to the police station on April 14, 1992 and on the medical examination of Sohan Lal P.W.- had found eight injuries on his person, Ram Kala with two incised wounds, and had also conducted the post-mortem examination on the two dead bodies and had found six incised wounds on the dead body of Tara chand and four injuries on the person of Bhagli, (three of them incised and one swelling); Constable Bhup Singh (P.W.-5), who deposed with regard to the delivery of the special report to the Illaqa Magistrate; A.S.I. Hari Kishan (P.W.-6), who proved the copy of F.I.R. No.213 dated June 30, 1991 registered at Police Station, Mohindergarh pertaining to a criminal case be- tween the parties in which Sohan Lal P.W.-, his brother Tara Chand deceased and Ratti Ram had been brought to trial and ultimately convicted; Ratti Ram (P.W.-9) a witness to the recovery of the weapons effected at the instance of the accused; Ram Kala (P.W.-10), the first informant and an injured eye-witness; Sohan Lal (P.W.-l1) Bhagli's husband and also an injured eye-witness; Sarda (P.W.-13) another eye- witness; and the Investigating Officer S.I. Shish Pal Singh (P.W.- 14).
(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure in which with the exception of Lal Chand. they all denied their presence and pleaded false implication. Lal chand accused, however, stated that on April 14, 1992, Tara Chand deceased had attacked him in his field with the assistance of Smt. Bhagli and Sohan Lal P.W.- and that many persons present in the field had entered the affray and the injuries had been caused to the complainant-party by those persons.;