MEHTAB S.GILL,J - (1.) WE will be deciding Criminal Appeal No. 520-DB of 1999 and Criminal Revision No. 311 of 2000 by a common order, as they arise out of Criminal Appeal No. 520-DB of 1999 and Criminal Revision No. 311 of 2000 the common judgment/order dated 21.9.1999/24.9.1999 of the learned Additional Sessions Judge, Bhiwani.
(2.) THE learned Additional Sessions Judge, Bhiwani convicted Umed Singh son of Shree Ram, Kuldeep son of Shree Ram, Pardeep son of Umed Singh, Mange Ram son of Sheopal, Jai Singh son of Shree Ram, Karan Singh son of Shree Ram, Dharambir son of Shree Ram and Sant Lal son of Sheopal under Sections 302/149/148/323/325 IPC and sentenced them to undergo various terms. The case of the prosecution is unfolded by the statement of Rohtash given to Banwari Lal ASI, on the basis of which FIR Ex.PM was recorded. Rohtash stated, that he had four brothers. They had 232 Kanals 17 Marlas of ancestral land in Village Rampur Kakar, which was about half kilometre away from his ancestral Village Dohka Hariya. His father Ram Kumar, uncle Jai Karan and his Bua (father's sister) Sarbati were the co-sharers in the land. From the very beginning his father and uncle were cultivating the land and the land of the share of his Bua. Sarbati sold 9-1/2 acres (about 72 Kanals) land to one Shree Ram son of Baksu Ram without telling them, for Rs. 1-1/2 lacs approximately. When Rohtash and others came to know about the registration (sale deed) of the land, they filed a suit for pre-emption in a Court at Dadri. The next date of hearing was fixed for 29.11.1989. Umed Singh and others wanted to take forcible possession of this land, which his Bua had sold. The police bound down both the parties, as there was an apprehension of breach of peace. On 14.10.1989 Ram Kumar (father of Rohtash), Rohtash's brother Om Parkash, Lala Ram and Santra w/o Lala Ram were getting ploughed their land with a tractor of one Amar Singh. Rohtash, his brother Om Parkash, Lala Ram and Santra were jointly clearing the weeds in the field. Rohtash was standing at a distance of 10-12 paces and watching the work being done. At about 6.00 p.m., Umed Singh, Karan Singh, Jai Singh, Kuldeep and Dharambir sons of Shree Ram, Pardeep son of Umed, Sant Lal, Mange Ram sons of Sheo Lal came towards Rohtash's father Ram Kumar armed with Rapri, Jelly, Kulhari and lathies etc. respectively. Umed Singh asked them to stop ploughing the field. Ram Kumar replied that they would not stop. Jai Singh raised a lalkara to teach him a lesson. Thereafter, Jai Singh gave a Kulhari blow from its sharp side on the head of Ram Kumar. Umed Singh gave a Rapri blow on his left shoulder. Kuldeep inflicted a Kamra blow near the left wrist. Sant Lal inflicted a Jelly blow prong-wise on the left hip, Mange inflicted a Jelly blow on the right elbow. Rohtash, his brother and Santro w/o Lala Ram went running to save their father. Umed Singh inflicted a Rapri blow on the left side of the neck of Ram Kumar, while he was lying down. Jai Singh inflicted an axe blow on the collar bone on the left side of the chest of Ram Kumar. Dharambir, Pardeep and Karan Singh inflicted kick blows and fist blows, while Ram Kumar was lying down. Rohtash also received injuries, when he tried to save his father from Sant Lal. Sant Lal gave Jelly blows on his left dorsum and fingers. Pardeep inflicted a blow on the left shoulder with an iron Kamra. Umed Singh and others inflicted injuries to Om Parkash, Lala Ram and Santra. After some time, some persons of the adjoining fields came and thereafter, the accused ran away. Rohtash further stated, that in defence, the complainant party also inflicted injuries on some of the accused. FIR Ex.PM was recorded on 14.10.1989 at 10.25 p.m. at Police Station Badhra. The special report reached the S.D.J.M., Dadri, on 15.10.1989 at 3.50 a.m.
(3.) THE prosecution to prove its case brought into the witness box Dr. Hari Singh as PW1, Jaswant Singh as PW2, Dr. S.S. Kadian as PW3, Bani Singh Patwari as PW4, Som Dutt as PW5, Dr. M.M. Sharma as PW6, Rohtash as PW7, Om Parkash as PW8, Prabhat Ranjan Dev as PW9, HC Abhey Singh as PW10 and ASI Banwari Lal as PW11.;