H.S. Bhalla, J. - (1.) This appeal is directed against the judgment dated 13.8.1997 passed by Sessions Judge, Faridabad, vide which he convicted the present appellant under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and he was ordered to pay a fine of Rs. 1000/ - or in default thereof, he was directed to undergo rigorous imprisonment for a further period of one year. However, the three other accused, namely, Bali alias Balbir, Chandro and Ramji Lal were acquitted of the charges levelled against them.
(2.) A synoptical resume of the prosecution case is as under: The field of Ramesh deceased was situated adjoining the field of Ramji Lal accused. Ramesh resided with his wife Smt. Chaman (PW -5) and younger brother Pushpinder (PW -6) in the house built in the fields. Ramesh had three brothers, namely, Gopal, Sunil and Pushpinder (PW -6). At that time Gopal was working as bus driver at Badarpur, but was residing in village Badoli, while Sunil was residing at Faridabad. Accused had also constructed a residential house in the land, which they had purchased from one Chhida and this land adjoins the land of deceased Ramesh.
(3.) On 5.6.1995 Ramesh was ploughing the land situated near his house while Smt. Chaman (PW -5) and Pushpinder (PW -6) were present in the house situated nearby. At about 7.00 P.M. Teju, his brother Bali, mother Chandro and father Ramji Lal accused came there. Teju accused was armed with a Kulhari. After trespassing into the field, Teju accused started felling a kikar tree standing in the field of Ramesh adjoining the doll of kacha passage. The said kikar tree was standing at a distance of 50 or 60 yards from the residential house of Ramesh deceased. Ramesh objected to it by saying that the kikar tree was standing in their field and should not be felled. However, he stated that if the accused still wanted to fell it, then its half share should be given to him. Thereafter, Ramesh returned to the place, where he was ploughing in the field. After a short while, Teju accused called Ramesh and asked him to have his share of the kikar tree. Smt. Chaman (PW -5) and Pushpinder (PW -6) were also attracted to that place. Teju accused handed over his Kulhari to Ramesh for felling the tree. Immediately thereafter, Teju accused snatched that Kulhari from Ramesh. In the meanwhile, Bali, Smt. Chandro and Ramji Lal accused caught hold of Ramesh. Teju accused then inflicted a blow with kulhari on the neck of Ramesh and he fell down on the ground. While he was lying on the ground, Teju inflicted five or six more blows with Kulhari including his left arm, left shoulder and right wrist. Ramesh succumbed to his injuries at the spot. After committing murder of Ramesh, all the accused persons ran away.;