Kanwaljit Singh Ahluwalia, J. - (1.) MOHAN Lal, present appellant, along with his three brothers namely Phool Chand, Ami Chand and Saraf Singh and Ram Karan son of Daulat Ram and Munga Ram son of Lachhman, was tried by the Court of Sessions Judge, Ambala, in case arising out of FIR No. 109 dated 15.7.1997, registered at Police Station Raipur Rani, under Sections 302, 452 and 34 IPC.
(2.) VIDE impugned judgment dated 1.5.2003, the trial Court acquitted Phool Chand, Ami Chand, Saraf Singh, Munga Ram, whereas co -accused Ram Karan died during the course of trial. The trial Court further recorded acquittal of the appellant for the offence under Section 302 IPC but held him guilty of offence under Sections 449 and 304 Part -I IPC. Vide a separate order dated 2.5.2003, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,000 on both the counts, in default whereof to further undergo rigorous imprisonment for a period of six months on each count. Criminal proceedings were set into motion on the statement made by PW. 12 Ishro Devi, which was recorded in the Daily Diary Register as Ex. PK. In her statement, Ishro Devi has stated that she was married with Khilla Ram and was residing at village Bichpari. She has got three sons, namely Jagbir Singh, who is residing with his maternal grand father at Fatehpur, Satbir is working in Home Guard and Mohinder Singh do agricultural work in the village. Her husband Khilla Ram had returned from the fields after bringing grass and sat on a cot in the verandah of the baithak. At about 11.00 A.M., Phool Chand, Ami Chand, Sarafa sons of Ram Kishan, Munga son of Lachhman and Ram Karan son of Daulat Ram came there abusing and started giving fist blows to her husband. When she protested and stated as to why they were beating her husband, at that time, Mohan Lal came armed with axe (kulhari) and gave a blow which fell on the left side of the head of Khilla Ram and he also gave second blow which fell on the back of her husband below his neck. The complainant intervened to stop the assailant. Mohan Lal pushed her and gave another blow with his kulhari which fell on the back. The complainant raised alarm of "Bachao Bachao" which attracted Amar Nath son of Bir Singh and Ravi Chand Pandat, who came running to the spot and saved Khilla Ram. The accused left the spot along with their weapons. The cause of grudge, for causing injuries to Khilla Ram, as stated by the complainant, was that there was a litigation between the complainant and Ram Karan regarding partition of the house and 1 killa of land, in which she had succeeded. The Kikkar tree, which existed in the disputed land, was cut and the sale proceeds of Rs.1,500 were lying with the Sarpanch. Since the amount was to be given to the complainant, the accused got infuriated and had caused injuries to Khilla Ram.
(3.) AFTER the opinion of the doctor, since cognizable offence was made out, a formal FIR Ex. PL was recorded under Sections 324, 452 and 34 IPC. During the pendency of investigation, Khilla Ram died and offence under Section 302 IPC was added. The above said FIR was investigated and the report under Section 173 Cr.P.C. was submitted. The case was committed to the Court of Sessions and on 8.5.1998, the appellant was charged for the offence under Sections 148, 449 read with Section 149 IPC and 302 read with Section 149 IPC. The appellant pleaded not guilty and claimed trial.;