Satish Kumar Mittal, J. - (1.) JAGBIR , Joginder, Raj Singh alias Rajbir and Balbir (appellants No. 1, 2, 3 and 4 herein) along with their father Rattan Singh (appellant No. 5 herein) were tried by the court of Additional Sessions Judge, Sonepat, for the offences punishable under Sections 302, 323 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) for committing murder of Rai Singh and causing injuries to complainant Ram Sarup (PW. 7). The trial court, vide judgment dated 11.07.2002 convicted the appellants for the aforesaid offences and vide order dated 13.07.2002, they have been sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ - each, and in default of payment of fine to undergo further rigorous imprisonment for two years under Section 302 read with Section 34, IPC; to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ - each, and in default of payment of fine to undergo further rigorous imprisonment for 15 days under Section 323 read with Section 34, IPC; and to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ - each, and in default of payment of fine to undergo further rigorous imprisonment for 15 days under Section 506 read with Section 34, IPC. All the substantive sentences have been ordered to run concurrently. Feeling aggrieved by the said judgment and order, the appellants have filed the instant appeal.
(2.) DURING the pendency of the appeal, appellant Raj Singh alias Rajbir expired on 06.10.2013 (as disclosed by learned counsel for the appellants on the strength of death certificate, which has not been controverted by learned State counsel). In view of this fact, this appeal qua appellant No. 3 Raj Singh alias Rajbir stands abated. As per the prosecution version, the complainant party and the accused party belong to the same family. There was a dispute between them with regard to installation of electric poles in the common path. The case of the prosecution is based upon the statement (Ex. PF) suffered by Ram Sarup (PW. 7), who was also injured in the occurrence, before HC Ramesh Chander (PW. 3) on 08.10.1999 at 10.50 PM in General Hospital, Sonepat. According to Ram Sarup, on 08.10.1999 at about 07.00 PM, when his brother Rai Singh (the deceased) on his way back from the fields, reached in the street in front of the house of accused Rattan Singh, he heard alarm raised by his brother Rai Singh for help. He rushed there and saw that accused Rattan Singh and his sons Balbir, Rajbir and Joginder were inflicting injuries to Rai Singh with lathi and axe. When he tried to rescue the deceased, accused Rajbir inflicted a Favri (wooden spade) blow on his head and accused Jagbir also came there with a lathi and administered a lathi blow on his waist. As a result, he fell down. When he was lying on the ground, accused Balbir held his neck and accused Joginder gave a danda blow on his left jaw. On hearing their hue and cry, his son Hitender and nephew Surender (PW. 8) came on the spot. On seeing them, all the accused ran away from the spot with their respective weapons. He further stated that they had also caused injuries to the accused persons in their self defence. Later on, his brother Dalel took them to Civil Hospital, Sonepat for treatment, where HC Ramesh Chander recorded the aforesaid statement of Ram Sarup, on the basis of which formal FIR (Ex. PF/2) was registered under Sections 323, 506, 34, IPC.
(3.) ON the same day, i.e. 08.10.1999 at 11.50 PM, HC Ramesh Chander (PW. 3) recorded the statement of Rajbir (appellant No. 3), who was also got admitted in General Hospital, Sonepat. Rajbir stated that there was a dispute between the parties with regard to installation of the electric poles and the occurrence had taken place at about 07/07.30 PM in front of their house. According to Rajbir (appellant No. 3), when his father Rattan Singh (appellant No. 5) was sitting on a cot outside his house and he (Rajbir), along with his brothers Joginder and Balbir (appellants No. 2 and 4), was sitting in the house, Rai Singh along with his sons Anand, Dharampal and Krishan came there armed with Jaili, lathi and axe, and started inflicting injuries to Rattan Singh. When he and his brothers Joginder and Balbir rushed to rescue their father, Karan Singh son of Rai Singh, Ram Sarup (complainant), Indira wife of Ram Sarup and Hitender son of Ram Sarup also came there carrying lathi, Jaili and axe. They caused injuries to his brothers Joginder and Balbir. In the meanwhile, Balram son of Rajender came there armed with a lathi and gave a blow on his left arm. He further stated that during the fight, Sukhdev son of Rai Singh and Hemant son of Ram Sarup also came there having lathi and caused injuries to them. Rajbir further stated that they had also caused injuries to the other side in their self defence. After causing the injuries, they (complainant party) ran away with their respective weapons.;