- (1.) By this judgment, we will dispose of the aforesaid appeal filed against judgment dated 1.10.2002 passed by Additional Sessions Judge, Ferozepur vide which accused-appellants Bhupinder Pal s/o Krishan Bal, Jaswinder Pal @ Jaspal s/o Krishan Bal and Krishan Bal s/o Munshi Ram, all residents of village Sarian, Police Station Sadar, Jallalabad were convicted under Section 302 read with Section 34 IPC. They were sentenced to undergo imprisonment for life and pay a fine of Rs. 2000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.
(2.) However, accused Surjit Kumar was acquitted of all the charges framed against him. The present appellants were, however, acquitted for offence under Sections 323/325/506/148/149 IPC. During the arguments, learned counsel for the appellants has produced death certificate of accused-appellant Krishan Bal, who is stated to have died on 12.1.2013 at Khuian Sarwar, District Fazilka. The State is directed to verify the same.
(3.) The case was registered on the statement Ex.P15 of Chandi Ram dated 28.3.1996, who stated that their house is situated in the land of village Mauza Sarian. Towards the Eastern side of their house, there is a land of custodian where they have installed a Toka (fodder cutting machine) and have also stored cotton sticks and fuel wood. They also tie their cattle in the said land. In front of the same, there is a kacha wall of his house. Krishan Bal s/o Munshi Ram wanted to take forcible possession of this land regarding which a case is pending in the Court at Ferozepur. Today i.e. on 28.3.96 at about 6 a.m., Chandi Ram accompanied by his sons Satnam Chand, Bhagwan Chand and his wife Lajo Bai were present in the said piece of land for the purpose of domestic work, where Toka (fodder cutting machine) is installed. Krishan Bal armed with gandasa and having a container of Kerosene oil in his hand, accompanied by his sons Satish Chander, Jaswinder Pal and Bhupinder Pal, all carrying gandasas came there. Son-in-law of Krishan Bal armed with dang also came there. Immediately on arrival, Krishan Bal sprinkled the kerosene oil on the cotton sticks and set the same on fire. He also raised exhortation that let anybody stop him. Chandi Ram alongwith his sons Satnam Chand and Bhagwan Chand and his wife Lajo Bai came forward to stop the accused and put off the fire.;