N.N.MATHUR, J. - (1.) THIS State appeal is directed against the judgment dated 12.1.1978 passed by the Addl. Sessions Judge, Sri Ganganagar acquitting the accused respondents of offence under Sections 302, 307, 148, 149 and 27 of te Arms Act.
(2.) THE prosecution case in brief is that PW/1 Avtar Singh lodged the F.I.R. Ex. P/1 at Police Station Anoopgarh on 24th May, 1975 at 3.15 P.M. stating interalia that he alongwith the deceased Hardayal Singh and Nirmal Singh after taking lunch at about 1.30 P.M. had gone to meet his father -in -law Ajayab Singh at the village 58 G.B. PW/2 Suchha Singh also followed them but he was 22 -25 steps behind them. When they reached near the 'culvert' all the accused persons Gajjan Singh, Kalwant Singh, Surjan Singh, Dalip Singh and Swroop Singh surrounded them. Seeing them, PW/2 Succha Singh ran away towards his house. They also tried to run away. Nirmal Singh tried to run away but, he was hit by a gun fire. It was also stated that Nirmal Singh tried to run away but Pakhar Singh exhorted to kill him, saying that he should not escaped alive. On this, Gajjan Singh and Surjan Singh fired, which hit him as well as Hardayal Singh. Hardayal Singh fell down. There was a second fire which struck on his shoulder. It was also stated that the accused persons asked Nirmal Singh and Hardayal Singh to enter in their house. On this information, police registered a case of offence under Section 302, 307, 147, 148 and 149 read with Section 109 IPC and Section 27 of the Arms Act. After usual investigation police laid chargesheet against the accused Gajjan Singh, Kalwant Singh, Arjun Singh, Surjan Singh, Swroop Singh, Dalip Singh and Pakhar Singh for the aforesaid offence. The accused persons denied the guilt and claimed trial. During the trial, prosecution examined 7 witnesses. PW/1 Avtar Singh and PW/2 Suchha Singh were examined as eye witnesses of the incident. In statement under Section 313 Cr. P.C. the accused persons stated that the prosecution evidence appearing before them is false. The accused Gajjan Singh stated that Suchha Singh and Ajyab Singh are their enemies and through their relatives they hired the deceased Nirmal Singh and Hardayal Singh to kill them. On the date of incident in the afternoon. Kalwant Singh and Narendra had gone to the canal for cleaning of the tractor. Six persons from the family of the witnesses and the accused persons tried to kill them. They chased them carrying guns in their hands. They also fired but somehow they could reach safe at their houses. It was further stated that both the deceased. Ajyab Singh and Ram Pratap Vishnoi armed with guns reached to the house of the accused persons and started firing. They wanted to enter into the house for which, they broke the window. They also fired at the gate. Seeing all this, the accused Gajjan Singh fired from the gun from the 'Chopara', which hit Avtar Singh. Hardayal Singh and Nirmal Singh. Hardayal Singh Nirmal Singh died on the spot. The witnesses and their other associates pick up the guns and ran away from the spot. The accused persons apprehending that the dead bodies may not be taken away from the witnesses, brought them inside the house. The information of the incident was also lodged at the police station by the accused persons. The trial court on appreciation of the evidence on record found that the complainant party was the aggressor and the accused persons fired the gun in exercise of right of private defence. In view of the finding, the trial court, by the impugned judgment, acquitted all the accused persons of the charges levelled against them.
(3.) WE have heard learned Public Prosecutor and Mr. Kharlia, learned Counsel appearing for the accused respondents.;