- (1.) Accused-appellants No.1 to 8 were convicted under Section 148, 302 307, 324 and 323 IPC read with Section 149 IPC and the 2nd accused-appellant Ram Saurp was also convicted under Section 27 of the Arms Act, 1959. Accused No.1 to 8 have jointly preferred the present appeal.
(2.) 2nd appellant Ram Sarup, 3rd appellant Sher Singh, 5th appellant Tara Singh and 6th appellant Raj Kumar had died during the pendency of he appeal preferred way-back in the year 2002. By virtue of order dated 26.9.2014 passed by us, the appeal qua them abated. Now the Court will have to decide the criminal appeal preferred by the 1st appellant Suresh Pal, 4th appellant Dhira, 7th appellant Randhir and 8th appellant Prem Singh.
(3.) The case in brief of the prosecution is as follows:- a) PW-11 Krishan Lal was the son of Lal Singh (one of the deceased). Prior to the occurrence that took place on 19.12.1999, Babli elder brother of Krishan Lal put the koop of accused Tara Chand on fire. The matter was compromised in the panchayat. But accused Tara Chand and his sons carried grudge in their mind. On 19.12.1999 at about 7.00 p.m., PW11 Krishan Lal was standing in front of his house in the street. Accused Randhir who was in an inebriated condition abused PW11 and his family members. PW11 also retorted by heaping abuses on accused Randhir. Hot words were also exchanged between them. Thereafter, accused Randhir proceeded to his house. After some time, accused Tara Chand armed with lathi, accused Ram Sarup armed with a double barrel gun, accused Randhir armed with single barrel gun, accused Sher Singh armed with a lathi, accused Suresh Pal armed with a gandasi, accused Raj Kumar, Prem and Dhira armed with lathi came to the street. Accused Tara Chand raised a lalkara to teach a lesson for putting the koop on fire. Accused Randhir opened fire from his single barrel gun on Lal Singh, the father of PW11, on his chest. Accused Raj Kumar gave a lathi blow on the head of PW11. Accused Ram Sarup opened fire from his double barrel gun at Ramphal which hit his stomach and legs. Accused Raj Kumar gave lathi blow on the head of PW11 which struck on his right shoulder. PW11 and his companions raised alarm. PW12 Baljinder Singh, PW13 Sube Singh and other relatives of PW11 arrived the street to rescue the complainant party. All the accused with their respective weapons came running towards them in order to give beatings. Baru Ram started running towards his house. Accused Randhir chased him and opened fire which struck Baru Ram in his chest. Ram Sarup also fired from his double barrel gun and the pellets hit PW12 Baljinder Singh and PW13 Sube Singh. Accused Tara Chand, Prem Singh and Dhira attacked Sunehri, wife of Wazir Chand. Baru Ram and Lal Singh who sustained bullet injuries fell down and became unconscious. The accused, thereafter, ran away from the scene of occurrence with their respective weapons. The injured were removed to the Civil Hospital, Kaithal. Lal Singh and Baru Ram who sustained bullet injuries succumbed to the same on the way to the hospital. b) PW-11 Krishan Lal was the injured complainant who set the law in motion. PW12 Baljinder Singh and PW13 Sube Singh were also injured witnesses. They have deposed before the Court about the injuries sustained by them at the hands of the accused and opening of gun fire by accused Randhir killing the victims Baru Ram and Lal Singh. PW2 Dr. R.P.Goyal, medico-legally examined PW11 Krishan Lal, PW12 Baljinder, PW13 Sube Singh and other injured other persons who were not examined before the Court. On medical examination of PW11 Krishan Lal, he noted a bone deep incised wound on the scalp in the occipital area of middle verticle measuring 7 x 1.5 cm. and a contusion over the right shoulder measuring 2 x 1 cm. The 1st injury detailed above by PW2 had been caused by a sharp edged weapon. The 2nd injury had been caused with a blunt weapon. He had opined that the injury on the person of PW11 Krishan Lal would have been caused by a weapon like gandasi marked as Ex.P1. c) PW2 also medico-legally examined PW12 Baljinder Singh. He found multiple lacerated wounds on right leg from knee to ankle joint measuring 1.5cm x 1.5cm. Fire arm would have been used for causing such an injury, he had opined. d) PW2 also medico-legally examined PW13 Sube Singh. He found a lacerated wound penetrating on right upper arm. In his opinion, a fire arm would have been used to cause such injury. e) PW1 Dr. Rajesh Gupta conducted post mortem examination on the dead body of Baru Ram on 20.12.1999. The baniyan and shirt were found blood stained. Multiple holes corresponding to the injuries were also found. Rigor mortis was present all over the body. There were 40 round to oval lacerated wounds measuring 0.2cm x 0.3cm spreading over left chest and left upper abdomen were found. Multiple lacerations were found on the left lung and heart. Liver, spleen and gut also were found lacerated. Metal pellets were recovered from inside the left chest cavity. In his opinion, Baru Ram had died due to shock and haemorrhage on account of fire arm injury which was ante mortem in nature and sufficient to cause death in the normal course of life. The probable duration between injury and death was immediate and between death and post mortem examination within 24 hours. f) PW1 also conducted post mortem examination on the dead body of Lal Singh on the same date. All the clothes were found blood stained. Shirt and baniyan were having holes corresponding to the injuries found on the dead body. There were 17 round to oval lacerated wounds measuring 0.2cm x 0.3cm spreading over right chest, right upper arm, right abdomen and upper thigh. Chest showed multiple lacerations of right lung. There were lacerations on the liver and gut. One metal pellet was recovered from chest. In his opinion, the cause of death was shock and haemorrhage due to fire arm injury which was ante mortem in nature and sufficient to cause death in the normal course of life. The probable time that elapsed between injury and death was immediate and between death and post mortem examination was found 24 hours. g) PW2 Dr. R.P.Goyal had also examined accused Suresh Kumar and found a contusion on the forehead and an abrasion on the left shoulder. There were complaints of pain over the left forearm and in the right side pelvic bone. In his opinion, those injuries would have been caused with a blunt weapon within a period of 24 hours. He also medico-legally examined accused Raj Kumar (since deceased) and found bone deep incised wound on the scalp measuring 6cm x 2cm. There was swelling on the left hand dorsal side measuring 4 x 3cm. There was complaint of pain in the left knee joint and right side neck. The first injury in his opinion was caused by sharp edged weapon and the remaining injuries were the result of blunt weapon. h) A single barrel gun used by accused Randhir was recovered alongwith empty cartridges. The FSL report spoken to by PW8 disclosed that the empty cartridges matched with the single barrel gun recovered from the accused.;