- (1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 1505 SB of 2003 titled as Puran Chand and others versus State of Haryana filed by the accused for acquittal whereas Criminal Revision No. 31 of 2004 titled as Ram Phal versus State of Haryana and others preferred by the complainant/revisionist for enhancement of the sentence. Since both these appeal and revision petition have arisen out of the same incident, judgment and order, therefore, these are being disposed of together in order to avoid any repetition. For convenience, facts are being taken from Criminal Appeal No. S. 1505 SB of 2003 titled as Puran Chand and others versus State of Haryana.
(2.) APPELLANTS - Puran Chand and others have directed the present appeal against the judgment and order dated 04.08.2003 passed by Shri Virendra Singh, learned Additional Sessions Judge, Jind vide which accused/appellant Puran Chand, Kali Ram and Raghbir Singh @ Bhira have been convicted under Section 308 read with Section 34 of the of the Indian Penal Code ( in short - the IPC ) and 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/each for offence under Section 308 read with Section 34 of the IPC and the accused/appellants were further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/ - each for an offence under Section 27 of the Arms Act. Both the sentences were however, ordered to run concurrently. However, the remaining accused were acquitted from the charges levelled against them by giving them benefit of doubt.
(3.) THE accused were sent by the Station House Officer to stand their trial for an offence punishable under Sections 148, 307, 323 read with Section 149 and 506 IPC and Section 27 of the Arms Act. The prosecution story in brief is that there is a piece of arable land measuring 16 acres in the revenue estate of village Rajgarh Dhobi, which is bone contention between the land owners belonging to Beniwal Patti and the persons belonging to the under privileged class. The local panchayat leases out the area periodically in public auction. The local panchayat had decided to lease out the property to the highest bidder on the evening of 18.5.1998 and the village community had gathered for the purpose in the village school. However, the Harijan community of village raised objection about the manner in which the land was leased out earlier by the local panchayat. The privileged class in the village always succeeded in offering higher bid thereby depriving the under privileged class in the village of the right to cultivate the land on lease. The local panchayat then resolved to permit only such persons to offer bid who comply with its directions and submit affidavit. It was decided to hold the meeting for the purpose on the following day of 19.5.1998. The crowd gathered in the premisses of the school then dispersed. As the crowd arrived at the site identified as "Chhota Johar" persons namely Kali Ram son of Kanhiya, Raghbir son of Rajmal, Dalbir son of Jeeta and others belonging to the Beniwal Patti aired their grievance about the decision of the local Panchayat for executing affidavits as the pre -condition for participating in the proceedings to be held in the village school on the following day. This resulted in raise in the tempers of the members of Beniwal Patti and the village community culminated in exchange of hot words between them. Dalbir @ Reddy son of Karan Singh exhorted the members of Beniwal Patti to arm themselves and teach proper lesson to the members of village community opposing them. Immediately thereafter Sarna son of Kanhiya went to his house and returned with a pistol followed by Kali Ram son of Kanhiya who descended there armed with a gun, Raghbir armed with a gun, Dalbir son of Jeeta armed with a pistol, Puran son of Bikhu armed with a gun, Gaze Singh son of Munshi armed with a gun, Rampal son of Kanhiya armed with a gun, Satbir son of Mange Ram armed with a gun, Jagbir son of Sarna armed with a pistol and Satbir son of Lal Chand armed with a pistol and opened attack on them. To start with accused Kali Ram fired a shot at complainant Ramphal thereby causing pallet injuries on his face, neck and chest. In the meanwhile his accomplices namely, Sarna, Raghbir, Dalbir, Puran, Gaze, Ramphal and Satbir also fired shots from their respective weapons thereby injuring Satbir, Mahabir, Bhira, Harji Ram, Sardara Singh, Smt. Krishna, Smt. Birmati, Smt. Santosh, Sh. Vinod and Smt. Santra.;