H.S. Bhalla, J. - (1.) This appeal is the outcome of the impugned judgment dated 12.1.1996 passed by Additional Sessions Judge, Sonipat, by virtue of which he acquitted accused -respondents, namely, Pirthi and Om Parkash sons of Jage Ram, residents of village Kilorad. Aggrieved against this judgment, the State of Haryana has knocked the door of this Court praying for acceptance of the appeal and setting aside the judgment of acquittal passed in favour of the accused -respondents by Additional Sessions Judge, Sonipat.
(2.) A synoptical resume of the prosecution case is as under: On receipt of medical ruqas, Ex. PD and Ex. PE, when the police party headed by SI/SHO Nar Singh (PW -16) was on patrolling duty and reached near the General Hospital, Sonipat, they moved an application, Ex. PF, before the doctor for ascertaining the condition of Tek Ram for making statement, whereupon Dr. Arun Garg declared him fit for making statement vide his opinion Ex. PF/1. He then recorded statement of Tek Ram mentioning therein that he is the resident of village Killoard. He used to cultivate the land on Batai after taking the land of others. He has three daughters, out of them, two are married and one is unmarried. He has two sons, elder is Rohtash and younger is Satish. Both the boys are unmarried. On 16.3.1992 an altercation took place among the womenfolk of both the sides over some wooden sticks, which was patched up on account of intervention of the village panchayat. On 17.3.1992 Pirthi and Om Parkash sons of Jage Ram, Harijan, after consuming liquor, came to their house about 6.00 P.M. and gave abuses and they also stated that they would teach a lesson to them and their ladies for lifting the fire woods. On persuation, they went from there on that day but stated that they were to celebrate the Holi next day by killing them. The complainant narrated this matter to the village Sarpanch also who assured him that he will make the accused understand.
(3.) On 18.3.1992 at about 6.00 P.M. complainant Tek Ram was smoking Hukka along with his brother Sarup Singh and sons Rohtash and Satish in the gali in front of his house. Both the accused, namely, Pirthi and Om Parkash came there with ballams in their hands. They started abusing and saying that they were to teach them a lesson over the previous altercation and were to celebrate Holi by killing them. Pirthi accused then inflicted a blow with a ballam, which fell on the right side of the chest of Tek Ram whereas Om Parkash accused gave a ballam blow on his right shoulder. When Rohtash attempted to intervene, then Pirthi inflicted a ballam blow on the left side of his chest. Then on hearing the alarm, persons from the neighbourhood were also attracted to the spot. Both the accused fled away from the spot along with their ballams. The injured Tek Ram and Rohtash were then removed to the General Hospital, Sonipat in the four -wheeler of one Raghbir. After reaching General Hospital, Sonipat, injured Rohtash succumbed to his injury. On the basis of this statement, Ex. PA, a formal FIR, Ex. PA/1 was recorded on the same day at 10.00 P.M. Sub Inspector Nar Singh (PW -16) conducted inquest proceedings vide Ex. PO on the dead body of Rohtas deceased and then proceeded to the place of occurrence and prepared rough site plan Ex. PP. He also lifted the blood stained earth. After completing necessary formalities, accused were challaned and sent up for a trial.;