- (1.) The State is aggrieved by the acquittal of respondents Suraj Mal, Ajit Singh, Raj Pal, Krishan and Kapoor Singh of the charges under Ss. 302/325/34 IPC and Sec. 27 of the Arms Act.
(2.) Case of the prosecution, as narrated by Kuljit Singh PW1, is that on 2.4.1991 at 5 PM, he alongwith his father Ajit Singh (deceased) was sitting in front of their house near Old Bus Stand Meham. Jagdip and Sunil were standing in front of a shop nearby. Rajbir PW was sitting in front of another shop across the road. Accused Suraj Mal alias Samman, his nephew Ajit Singh, accused and one other person came on a scooter from the Hissar side. Suraj Mal had a gun. Ajit singh was driving the scooter. As soon as they came near the house of the complainant, Suraj Mal asked co -accused Ajit Singh to stop the scooter so that he may finish his enemy Ajit Singh, deceased. Accused Ajit Singh stopped the scooter. Accused Suraj Mal and Kapoor Singh alighted from the scooter. After coming near Kuljit Singh and his father Ajit Singh, Suraj Mal fired shots from his gun at Ajit Singh, which hit on the right side of his face near the ear on the temporal region. Ajit Singh fell down on the ground. Rajpal and Krishan accused also came there from the side of the Truck Union, armed with a 'jelli' each. They raised 'lalkara' that none from the family of Ajit Singh should be allowed to remain alive. On hearing the noise, Sunder Singh PW, father of the deceased arrived from Bhiwani Stand side. Rajpal and Krishan reached towards him and gave him injuries with 'jellies'. Suraj Mal and his companions declared that if any person came to the rescue of Ajit Singh and Sunder Singh, he will be done to death. Thereafter, they left the spot with their weapons. The motive was that 6/7 months prior to the occurrence, Suraj Mal alias Samman had abused Sunder Singh PW. Sunder Singh narrated the incident to his son Ajit Singh, deceased. Ajit Singh gave beatings to accused Suraj Mal. Suraj Mal declared that he would not report the matter to the police but settle the score himself.
(3.) Kuljit Singh PW accompanied by Sunil, Jagdip and Rajbir Pws removed Ajit Singh and injured Sunder Singh to Civil Hospital, Meham in a car. Ajit Singh died as a result of injuries before reaching the hospital. The doctor sent a ruqa at 6.30 PM on which the police arrived at the hospital. SI Rameshwar Dass recorded the statement of Kuljit Singh Ex. PA on which FIR was registered. SI Rameshwar Dass completed inquest proceedings and sent the dead body for post mortem. He also went to the place of occurrence, prepared rough site plan, got the spot photographed, lifted blood stained earth, three empty cartridges and a pair of chappal stained with blood. He also took all the articles into possession. Post mortem was conducted by Dr. Subhash Juneja PW6 on 3.4.1991 at 10.30 AM, who noticed following injuries: There was 13 cm x 8 cm. irregular oval wound on right side of face and upper part of neck. It was one cm. behind the right angle of mouth and 6 cm. below the line joining lateral canthus of right eye and tragus of right ear. Margins of the wound were irregular, lacerated and there was abrasion all along with margins. There was tattooing over the anterior most part of the margins of the wound. There were two holes of 1/2 cm. diameter each just above entero -superior part of the main wound. Margins of these holes were irregular, inverted and ring of abraded coller and tattooing around them was present. There were multiple contusions placed in the forms of streaks over upper part of neck and supra clavicular and supers spacular area behind the main wound. There were found small holes scattered over the area behind the main wound. The size of these wounds varied between 0.5 cm to 0.75 cm. and margins were irregular and everted. The right side medible was fractured into pieces and pieces of bone were scattered all over the track. There was extensive laceration of the soft tissue and muscle over the face and right side of neck with ecclymosis all around. There were multiple tracks with ecclymosis present going posteriorily and downwards in subcutaneous plane and muscles of right side neck causing extensive damage to the tissues and blood vessels.;