KANWALJIT SINGH AHLUWALIA,J - (1.) THE present appeal has been filed by Kishore alias Nand Kishore son of Roop Singh, resident of village Karnera, Tehsil Ballabhgarh, District Faridabad. He has been convicted by the Court of learned Sessions Judge, Faridabad, under Section 304 Part-II IPC and has been sentenced to seven years rigorous imprisonment.
(2.) APPELLANT was nominated as accused in case FIR No. 241 dated 24.10.1992 registered at Police Station Sadar, Ballabhgarh, under Sections 148, 149, 302 and 323 IPC along with nine other persons. Learned Sessions Judge held that the prosecution has failed to bring home the guilty of accused Roop Singh, Ram Singh, Chattar Singh, Vijay, Devi Ram, Rughan, Hatia, Bhagwan Dass and Parkash and they were acquitted. No appeal against acquittal has been filed against the acquittal of acquitted accused. In the present case, FIR has been lodged at the instance of Daya Krishan son of Nand Lal, resident of village Karnera. He stated in the FIR that Ram Singh, Roop Singh, both sons of Udmi, caste Jhimar, residents of his village have been illegally cultivating the land of Gram Panchayat measuring 79 kanals 4 marlas. Panchayat of village had filed a suit in the Civil Court and it had succeeded. Ram Singh and others had obtained a stay from the High Court against the Panchayat. On 14.7.1992 at the instance of Panchayat stay was vacated in respect of land measuring 48 kanals 4 marlas. Panchayat gave this land on lease to Daya Nand son of Desh Raj Tyagi. Possession was decided by the Court in favour of the Panchayat and on receipt of the order of the Court, Sub Divisional Magistrate, Ballabhgarh, Lehna Singh, Block Development Officer, Hari Shankar, Patwari, and Ram Narain, Gram Secretary came to village Karnera in a Government Jeep No. HR-29-01158 driven by driver Tej Pal and accompanied by Narain Singh, Assistant Sub Inspector, Mahender Singh, Head Constable, Lal Chand, Head Constable, Mange Ram Constable, Chander Bhan Constable and Sada Ram Constable for taking possession of the land. After delivery of possession of land under the orders of Sub Divisional Magistrate, Ballabhgarh, complainant party was returning back. Then at about 11.45 A.M. Devi Ram, Rughan, and Haria, all sons of Ram Singh, Chatro, Vijay Pal, Bhagwan Dass and Kishore, all sons of Roop Singh, Ram Singh and Roop Singh, both sons of Udmi Jhimar, residents of village Karnera and Parkash Jhimar resident of Fatehpur Tagga came from the jawar fields armed with lathies and encircled Rishi Raj son of Pat Ram, Ishwar son of Rewti Parshad, and Vijay Ram son of Kunka. At that time Ishwar son of Pat Ram, caste Tyagi, resident of village Karnera was also present. The accused with common intention caused injuries with lathies to Rishi Raj, Ishwar and Vijay Ram. Kishore son of Roop Singh gave lathi blows to Ishwar son of Pat Ram on his waist, shoulders and head. On noise raised by the complainant party to save, Tek Chand son of Hukam Singh and Hari Singh son of Ram Chander Tyagi of the village were attracted at the spot. On their intervention, the accused ran towards the fields. Injured were brought to the Government Hospital, Ballabhgarh for treatment. Ishwar, on the way to the hospital, expired due to serious injuries suffered.
(3.) THE above said FIR was investigated. Report under Section 173 Cr.P.C. was submitted. Case was committed and accused were charged on 8.1.1993 by learned Additional Sessions Judge, Faridabad. All the accused were charged that on 24.10.1992 at 11.45 A.M. they constituted unlawful assembly armed with deadly weapons and caused injuries to Vijay Kumar, Rishi Raj, Ishwar son of Rewti and Ishwar son of Pat Ram and they committed offence under Section 148 IPC.;