M.R.SHARMA, J. - (1.) THIS appeal is directed against the judgment and order dated 23rd May, 1983, passed by the learned Additional Sessions Judge, Patiala, whereby he convicted and sentenced the appellants as under: - Name of the appellant Convicted under section Sentence awarded Ram Singh 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine to further undergo rigorous imprisonment for two mounts. 302 I.P.C Imprisonment for life and to pay a fine of Rs. 200/ - in default of payment of fine to undergo further rigorous imprisonment for six months. 302/149 I.P.C. Rigorous imprisonment for one year. Bali Ram 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine to undergo further rigorous imprisonment for two months.s 302 I.P.C. Life imprisonment and to pay a fine of Rs. 200/ -, in default of payment of fine to undergo further rigorous imprisonment for six months. 324/149 I.P.C. Rigorous imprisonment for one year. Kesar Ram 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine to undergo further rigorous imprisonment for two months. 302/149 I.P.C. Imprisonment for Life and to pay a fine of Rs. 200/ -, in default of payment of fine to undergo further rigorous imprisonment for six months. 324I.P.C Rigorous imprisonment for one year. Soma alias Harmesh 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ - in default of payment of fine to undergo further rigorous imprisonment for two months 302/149 I.P.C. Imprisonment for Life and, to pay a fine of Rs. 200/ -, in default of payment of fine, to undergo further rigorous imprisonment for six months. 324 I.P.C. Rigorous imprisonment for one year. Siri Ram 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine, to undergo further rigorous imprisonment for two months. 302/149 I.P.C. Imprisonment for Life and to pay a fine of Rs. 200J -, in default of payment of fine, to undergo further rigorous imprisonment for six months. 324/149I.P.C. Rigorous imprisonment for one year. All the substative sentences of imprisonment were ordered to run concurrently.
(2.) THE five appellants are alleged to have caused fatal injuries to Lal Singh deceased and simple injuries with sharp -edged weapon to Kundan Singh (P.W.5), after forming an unlawful assembly, the object of which was to commit the murder of Lal Singh deceased. The occurrence took place at about 5 P.M. on 6th March, 1982 near the field of one Hardial Singh belonging to village Ratta Khera. According to Kundan Singh (P. W. 5) his family had purchased 6 killas and 2 Kanals of land, out of which Ram Singh appellant had encroached upon a parcel measuring 2 Kanals. They wanted to get back the possession of this land and also get it demarcated with the help of Bakshi Ram, Qanungo, and Kanshi Ram, Patwari (P.W. 13). In spite of this demarcation, Ram Singh appellant did not surrender possession of the said land. Since Kundan Singp. (P.W. 5) wanted to retrieve his two Kanals of land from Ram Singh appellant, the latter started nursing a grudge against him. On the fateful day, Kundan Singh (P.W. 5) and his brother Lal Singh deceased were coming to their house after paying visit to their field known as 'Deharwala Field'. His brother Gopal Singh was present in the adjoining field, which belonged to him. When the deceased and Kundan Singh (P.W. 5) reached near the field of the Hardial Singh, all the five appellants, variously armed, appeared on the scene. At that time Ram Singh appellant was carrying spear (Exhibit D1), Siri Ram appellant was carrying a lathi, Bali Ram appellant was carrying spear (Exhibit D2), Soma appellant was carrying a gandasi, and Kesar Ram appellant was also carrying a gandasi. On seeing Kundan Singh (P.W. 5) and Lal Singh deceased. Bali Ram appellant raised a lalkara that they should not be allowed to go scot free. Upon this Ram Singh appellant gave a barchhi blow to Lal Singh deceased in the -right side of his abdornen. On receipt of this injury, Lal Singh deceased fell down on the ground. Then Bali Ram appellant gave a barchhi blow to Lal Singh, below his chest. Soma appellant gave a gandasi below on the back of the left hand palm of Lal Singh deceased. Kesar Singh appellant gave a gandasi blow on the left side of his palm near the thumb. Siri Ram appellant gave two lathi blows to the deceased, one on his left arm and the other on the left thigh. Kundan Singh (P.W. 5) went forward to the help of his brother. Then Soma and Kesar Ram appellants gave a gandasi blow each on his head. On receipt of these injuries he also fell down on the ground. Soma appellant then gave a gandasi blow on his right hand near the elbow. The witness tried to get up, when Sid Ram appellant gave a lath; blow on the back of his shoulder. The witness was raising alarm 'Bachao -Bachao'. On hearing this alarm his brother Gopal Singh, who was working in the fields, also started raising the sap1e alarm and came running towards him. Achhar Singh (P. W. 6) happened to come from the side of the village and witnessed the occurrence. Because of the alarm raised, all the five appellants ran away from the spot along with their respective weapons.
(3.) GOPAL Singh went to the village and brought a tractor -trolley. Lal Singh deceased and Kundan Singh (P.W. 5) were placed in it and brought to Rajindra Hospital Patiala.;