S.S. Sandhawalia, C.J. - (1.) JAI Chand convict, his three sons Badan Singh, Jagmal and Satbir and nephew Shamser were all brought to trial before the Court of Session at Rohtak on charges under Sections 148 and 302 read with Section 149 Indian Penal Code. All of them were held guilty on the charges aforesaid and sentenced to imprisonment for life on the murder charge and one year's rigorous imprisonment for the subsidiary offence. Both the sentences were directed to run concurrently.
(2.) THE Appellants and the deceased Kidara belong to village Ritoli and it is not in serious dispute that the land of the deceased and his brother Dhara P.W. adjoins that of the Appellants and was irrigated by a common watercourse passing through the fields of Jai Chand Appellant. About 15 days prior to the occurrence, Kidara deceased was cleaning the said watercourse when Jai Chand Appellant obstructed him from doing so on the plea that he was putting earth in the watercourse which would tend to block the water therein. Kidara accused, however, persisted in his job whereupon Jai Chand Appellant launched a tirade of abuse and an altercation followed but ultimately Kidara deceased desisted and returned home. The actual occurrence took place at dawn on the 21st of December, 1975, at about 6.30 a.m. Kidara deceased along with his son Kalu and nephew Mohinder (both children) as also his brother Dhara P.W. had together gone to the fields to answer the call of nature near the Rajowali pond. After doing so, Kidara deceased was washing his hands at the aforesaid pond when all the five Appellants out of whom Jai Chand and Satbir were armed with lathis and the others with jailies came there and Jai Chand Appellant raised a challenge that he would now teach a lesson to Kidara for tampering with the watercourse. Forthwith Jai Chand Appellant opened the attack with a lathi blow on the buttock of Kidara deceased and Satbir gave another lathi blow on the deceased whereafter all the other three Appellants also showered jaili blows on Kidara indiscriminately. Jai Chand Appellant repeated another lathi blow on the head of the deceased. Inevitably, the victim raised an alarm which attracted Dhara, his brother, and Mohinder and Kalu to the spot who witnessed the assault. The Appellants then retreated from there along with their weapons.
(3.) DHARA , P.W. secured a tempo and placing his badly injured brother Kidara therein took it to the Police Station, Kalanaur, at a distance of about 12 miles where they reached at 10.30 a.m. Sub -Inspector Mauji Ram recorded the statement Exhibit P.H. of Kidara deceased and on its basis the first information report was registered under Sections 324, 325 read with Sections 149 and 148, Indian Penal Code. The injury statement Exhibit P.C. was prepared and the injured Kidara along with his brother Dhara was sent to the Civil Dispensary, Kalanaur, along with Constable Bishamber Dayal for his medical examination. However, the doctor at the Civil Dispensary, Kalanaur, was not available and after securing an endorsement Exhibit P.C./l from the Pharmacist of the Dispensary, Kidara injured was carried towards the Medical College, Rohtak, on that very tempo along with Dhara P.W. However, on the way the victim succumbed to his injuries and Sub -Inspector Mauji Ram, who noticed the tempo standing on the road found on enquiry about the demise of Kidara and thereafter took steps to alter the offence to one under Section 302 in the first information report. He also prepared the inquest report and forwarded the dead body for post -mortem examination. Reaching the spot he picked up bloodstained earth therefrom and later completed the other details of the investigation.;