ARVIND KUMAR,J - (1.) ALL the above-referred appeals are aftermath of judgment dated 17.5.2003 passed by Additional Sessions Judge, Ludhiana in Sessions Case No. 76 of 31.8.2000, by virtue of which the appellants named above have been convicted under Sections 148, 302 read with Section 149 IPC and have been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- each under Section 148 IPC and in default of payment of fine, further imprisonment for six months has been awarded. All the appellants have been further sentenced to undergo life imprisonment under Section 302 read with Section 149 IPC. Each of them are further required to pay a fine of Rs. 2,000/- and in case of default, further imprisonment for six months has been awarded.
(2.) SINCE , all the above-referred petitions are against one judgment of the trial Court, we propose to dispose of all of them by this common judgment passed in Crl. Appeal No. 504-DB of 2003. The prosecution allegations, in nutshell are that, all the appellants named above, on 10.5.2000 at about 7.30 a.m., formed an unlawful assembly, in the area of village Kalsia. Appellants Bijli, Dollu Sharma, Sabu Sharma were armed with lathis while the appellant Hari Lal was having a sota and appellants Lallu Sharma and Kallu Sharma were having kahi. They all went to the tube-well of Bhinder Singh (PW-5) where Amit Kumar (PW-3), his brother-in-law Makhan Yadav and Barinder Kumar (PW-4) were present. Appellant Bijli exhorted his accomplice to catch hold of Makhan and he be not allowed to go. On this, appellant Kallu gave a kahi blow from its reverse side on the head of Makhan Yadav, appellant Lallu Sharma inflected a kahi blow on the back side whereas appellant Sabu Sharma gave a lathi blow on left knee, Dolu Sharma gave a lathi blow on right leg, Hari Lal gave a lathi blow on left flank and appellant Bijli inflicted a lathi blow on right upper arm of Makhan Yadav. Thereafter all the appellants fled away from the spot with their respective weapons. According to the prosecution, the occurrence took place as Makhan Yadav, who was a contractor, was paying less amount of Rs. 50/-, per killa to the appellants, as compared to the payment, he used to make to the other labourers.
(3.) ON that very day, after the occurrence, Makhan Yadav was removed to General Hospital, Raikot, where emergency treatment was given to him by Dr. Harjinder Singh (PW-1). However, due to his condition, he was referred to General Hospital, Ludhiana. But, Makhan Yadav was got admitted in Arora Neuro Centre, Ludhiana where he was treated by Dr. Sanjay Bhalla (PW-2) upto 12.5.2000 and was discharged against medical advice. However, on 12.5.2000 on reaching the village, Makhan Yadav died.;