- (1.) Appellants have filed this appeal challenging judgment/order dated 29. 07. 1988 passed by the trial court, whereby, appellant Phool Chand was convicted and sentenced qua offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as ' IPC '), whereas, accused-appellants Mangi Lal and Madan Lal were convicted and sentenced qua offence punishable under Section 302 read with Section 34 IPC.
(2.) Prosecution case was set in motion on the basis of statement of injured Kajod. Injured in his statement stated before the police that on 22. 08. 1987, he and accused-appellant Mangi Lal were having a common well and he was operating his engine. Mangi Lal was running chadas (Persian Wheel). Belda (pot
(3.) attached with persian wheel) of his pump got entangled and broke. Upon this, he told Mangi Lal that he had suffered loss. Due to this reason, Madan Lal, Phool Chand and Mangi Lal started abusing him and inflicted injuries to him with sticks (kharla). Accused-appellants Madan Lal and Phool Chand inflicted stick blows on his back. Mangi Lal also gave stick blows on the back of the complainant. However, the complainant rescued himself and came home. The moment, the complainant tried to enter his house, he was caught hold by Phool Chand and Madan Lal and he was inflicted more injuries by the accused. Phool Chand gave stick blow on the head of the complainant. Madan Lal and Mangi Lal also gave more injuries to the complainant. Formal FIR No. 89/1987 was registered on 24. 08. 1987 under Section 302 on account of death of Kajod on 23. 08. 1987.;