Arvind Kumar, J. - (1.) THE Appellants have been held guilty under Sections 302, 148, 323 and 452 IPC and have been sentenced to undergo imprisonment for life with a fine of Rs. 1000/ - under first head; under second head all of them have been sentenced to undergo rigorous imprisonment for two years while under third head rigorous imprisonment for six months was awarded. Under the fourth head rigorous imprisonment for three years was awarded with each of them to pay a fine of Rs. 300/ -. In default of payment of fine under the first and last head, the defaulter was directed to undergo rigorous imprisonment for six months and two months respectively. All the sentences were ordered to run concurrently.
(2.) THE genesis of the prosecution case finds its origin when an occurrence took place on 5.8.1998 between Neelam sister of Ved Parkash on one side and Bhartan and one other daughter of accused Ram Singh and wife of Sanjay accused in the village over water tap. According to the prosecution, following the said altercation, next day i.e. 6.8.1998 at about 4:00 p.m. Ram Singh, Charan Singh, Sanjay, Bijender sons of Ram Singh along with Zile Singh and Attar Singh brother -in -law of Ram Singh came near the house of complainant Ved Parkash. At that time Ram Singh was carrying a pharsi; Charan Singh was holding a knife while the others were having iron rod each. They all entered the house of Sher Singh, brother of Ved Parkash and exhorted to finish all the brothers as they had picked up quarrel with their women folks. On hearing the noise, Ved Parkash complainant along with his brothers Raj Singh and Rajesh reached the house of Sher Singh. Meantime, Sanjay gave a blow with iron rod on the right hand of Sher Singh; Bijender inflicted iron rod blow which landed on the head of Rajesh, due to which his head was ruptured and he fell down. Thereafter, Charan Singh inflicted a knife blow against the head of Ved Parkash. Attar Singh and Zile Singh also gave iron rod blows to Sher Singh whereas Ram Singh caused injuries to Ved Parkash with pharsi. Raj Singh raised a noise which attracted Sajjan Singh and Sanjiv Kumar and other villagers, whom seeing coming, the accused fled away from the spot with their respective weapons. The injured were shifted to the hospital from where an intimation was sent to the police, upon which ASI Dharam Singh visited the hospital. The doctor opined the injured Ved Parkash and Sher Singh unfit to make the statement while injured Rajesh was referred to the PGIMS, Rohtak considering his serious condition. On the morning of 7.8.1998 statement of Ved Parkash was recorded by the police, on the basis of which case under Sections 307, 148, 323, 452, 149 IPC was registered. The police learnt about the death of Rajesh and consequently offence was converted to Section 302 IPC. The dead body of Rajesh was subjected to post -mortem and then handed over to his relatives. Necessary investigations were carried out. On 9.8.1998 accused Sanjay, Charan Singh and Attar Singh were arrested and iron rods and knife, which they were carrying at the time of occurrence, were recovered from them and taken into police possession. Accused Ram singh, Zile Singh and Bijender Singh were arrested on 10.8.1998 and weapons of offence were recovered from them. On completion of investigation, final report under Section 173 Code of Criminal Procedure was prepared and forwarded to the Court for trial of accused.
(3.) CHARGE under Sections 148, 302, 323 and 452 read with Section 149 IPC was framed against the accused, to which they pleaded not guilty and claimed trial.;