Harinder Singh Sidhu, J. - (1.) THIS criminal appeal has been filed against the judgment and order dated 21.08.2002/22.08.2002 passed by the Additional Sessions Judge, Fatehabad whereby the appellants have been convicted under Section 302 read with Section 34 IPC and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each. In default of payment of fine, they are to undergo further rigorous imprisonment for one year.
(2.) BRIEF facts of the prosecution case which was set in motion by the statement of Joginder Singh son of Bishan Singh resident of Village Mehmhra are that the sister of the complainant Joginder Singh was married with Dalip Singh son of Jagga Singh resident of Village Bhoyepur, District Faridkot about 20 years ago. About 12 -13 years ago, the said Dalip Singh migrated from village Bhoyepur to Village Mehmhra and started living there. He purchased some land for cultivation in nearby Village Nikuwana. Adjoining the house of Dalip Singh was the house of Pritam Singh son of Jaimla Singh. About one year prior to the incident, a quarrel had taken place between Dalip Singh and Pritam Singh and in the said quarrel, Satpal son of Pritam Singh had sustained injuries. Pritam Singh had filed a complaint against Dalip Singh, Jeeto Bai sister of Joginder Singh and wife of Dalip Singh, Joginder Singh and five others and regarding this the case was pending in the Court. Ever since this incident, both Pritam Singh and his wife Nihali Devi had been threatening Dalip Singh that they would take him to task. However to maintain peace Dalip Singh did not react to such threats. On 25.08.1999, Jeeto Bai sister of the complainant and Nihali Devi had an altercation. At about 7:00 PM, the complainant had gone to the house of his sister Jeeto Bai and started chatting with her. Meanwhile, Dalip Singh brother -in -law of the complainant, after taking bath at tube -well and clad in only an underwear, was returning to his house through the street by the side of the house of Pritam Singh. When Dalip Singh reached in front of the room where fodder was stored in front of the courtyard of his house, then Nihali Devi, Pritam Singh and Mangal Singh son of Pritam Singh came from the back side. Pritam Singh and Mangal Singh were armed with lathis in their hands. Nihali Devi gave a Lalkara that today Dalip Singh be taught a lesson for causing injuries to Satpal. On hearing this, Dalip Singh turned back. Immediately, Mangal Singh gave a lathi blow on the head of Dalip Singh. Thereafter, Pritam Singh aimed a lathi blow at Dalip Singh and in order to ward off the attack, Dalip Singh raised his left hand and the lathi blow caused injuries on the thumb of the left hand and left eye of Dalip Singh. Dalip Singh fell down. The complainant and his sister Jeeto Bai raised noise of Bachao, Bachao and rushed to the rescue of Dalip Singh. All the three assailants ran away carrying their lathis with them. The complainant and his sister tended to Dalip Singh but he died after a short while. Thereafter, Mohinder Singh, brother of the complainant and other residents of the village reached the spot. Leaving them with the deceased, the complainant went to lodge the report with the police. The Investigating Officer reached the spot the same day, the scene of occurrence was photographed, inquest proceedings were prepared and postmortem of the dead body was conducted.
(3.) ON 27.08.1999, when the Investigating Officer was near village Mehmhra, all the three accused were produced before him by one Pehalwan Singh also resident of the same village. They produced their weapons of offence, namely, lathis, which were taken into possession and recovery memo were prepared. After Investigation, report under Section 173 Cr.P.C. was prepared and all the accused -appellants were charge -sheeted under Section 302 read with Section 34 IPC.;