H.S. Bhalla, J. - (1.) This appeal is directed against the judgment dated 19.12.1997/22.12.1997 passed by Additional Sessions Judge, Hisar vide which he convicted Baljit Singh and Suresh under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - each and in default thereof; they shall further undergo rigorous imprisonment for a period of two years each. However, accused Om Parkash had died during the pendency of the trial, whereas accused Chandi Ram, Sanjay and Rajinder have been acquitted of the charges framed against them.
(2.) A synoptical resume of the prosecution case is as under: Balwant Singh (deceased) used to sell liquor in his village Kanwari and Om Parkash accused was his regular customer. Om Parkash, in order to purchase liquor, went to the house of Om Parkash at 8/9 P.M. During that time, Balwant Singh was not present in his house. Om Parkash asked the wife of Balwant Singh to give him a bottle of liquor. Meanwhile, Balwant Singh reached there. He showed his dissatisfaction on account of demanding liquor from his wife in his absence. Hot words were exchanged between them. However, Om Parkash went to his house, but on the next day, Om Parkash again picked up a quarrel with Balwant Singh for having objected to purchase liquor from Balwant Singh's wife, which led to an altercation between the two. However, Dariya Singh intervened and resultantly, at that time, both of them went to their respective houses. Subsequently Balwant Singh left the village and started residing at village Singhwa for the time being.
(3.) It has been alleged that about three months prior to the present occurrence, Balwant Singh came back to his village Kanwari. On 5.7.1995 at about 6.00 A.M. Balwant Singh was going to answer the call of nature. He was being followed by Dariya Singh, Om Parkash and Miss Mukesh (daughter of Om Parkash). When Balwant Singh reached in front of of the house of Nawab Ali, accused Om Parkash armed with a ballam, Baljit armed with a Kulhari and Suresh armed with a Pharsa, came out of the house owned by the Panchayat. Om Parkash inflicted a ballam blow, which hit fore -head of Balwant Singh, whereas Baljit and Suresh gave kulhari and pharsa blows respectively on the head of Balwant Singh. On account of injuries sustained by him, Balwant Singh fell down on the ground. Om Parkash accused again gave a ballam blow on the back side of the head of Balwant Singh. Baljit Singh twisted the left hand of Balwant Singh. Then Dariya Singh and others raised an alarm. On hearing the alarm, all the accused sped away with their respective weapons and thereafter, Dariya Singh and others arranged for a vehicle and removed the injured to the Civil Hospital, Hansi, where he was declared dead.;