R.S. Verma, J. - (1.) THIS appeal is directed against the judgment of Shri Gyan Prakash Pandey, Additional Sessions Judge, Nohar, dated 27 -10 -1986. In all, 11 persons including the present ten appellants, namely, Jai Singh, Ram Swaroop, Amar Chand, Kashi Ram, Daula Ram alias Dalo Singh, Dariya Singh, Inder Singh, Hardeva Ram, Fateh Singh and Bhadar were put up for trial before the learned Additional Sessions Judge exercising jurisdiction within Sessions Division, Sri Ganganagar, for various offences in respect of an incident said to have taken place in the fore noon of 15 -9 -1984 on the outskirt of village Sardarpura Bas near or about the Khala in the field of one Poorna Ram Kanvasara in which PW 1 Smt. Vimla and PW 5 Smt. Santaro were injured and Smt. Vimla's brother and Smt. Santaro's brother -in -law Om Prakash end Mange Ram, as also one of their relatives Budh Ram were killed by use of fire arms. The learned Additional Sessions Judge acquitted co -accused Ram Singh of all the charges levelled against him but convicted and sentenced the present appellants as under: (i) Jai Singh: for offences Under Sections 148, 302, 302/149, 307/149, 379, IPC and 25 and 27 of the Indian Arms Act; (ii) Ram Swaroop: for offences Under Sections 148, 302, 302/149 and 307/149, IPC; (iii) Bhadar, Amar Chand, Kashi Ram, Daula Ram alias Dale Singh Dariya Singh, Inder Singh, Hardeva Ram and Fateh Singh: for offences Under Sections 148, 302/149 and 307/149, IPC. Jai Singh and Ram Swaroop were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/ - each for offence Under Section 302, IPC and in default of payment of fine, to undergo further rigorous imprisonment for three years each. All the appellants including Jai Singh and Ram Swaroop were sentenced to undergo life imprisonment and to pay a fine of Rs. 2500/ - each for offence under Section 302 read with Section 149, IPC and in default of payment of fine, to undergo further rigorous imprisonment for two years each. Each of the appellants was sentenced to undergo rigorous imprisonment for five years and to pay each a fine of Rs 1000/ - and in default of payment of fine to undergo further rigorous imprisonment for one year for offence under Section 307 read with Section 149, IPC. Each one of the appellants was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 250/ -and in default to undergo further rigorous imprisonment for offence Under Section 148, IPC. In addition, appellant Jai Singh was sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 250/ - and in default to undergo further rigorous imprisonment for three months for offence under Section 379, IPC. He was also sentenced to undergo rigorous imprisonment for three months for offence Under Section 25, Arms Act and rigorous imprisonment of six months for offence Under Section 27, Arms Act all the sentences of imprisonment passed against the appellants were ordered to run concurrently. Directions were also given about disbursement of fine, if realised, to the next of kin of the deceased persons and also to the injured persons. Aggrieved, all the appellants have come in appeal.
(2.) BRIEFLY stated, the prosecution story is that one Budh Ram Beniwal owned about 102 Bighas of land on the outskirt of village Sardarpura Bas. This Budh Ram Beniwal died issueless and Harpat Ram father of PW 1 Smt. Vimla and deceased Om Prakash and Mange Ram started cultivating this land. Harpat Ram also died later on with the result that brother of Smt. Vimla, namely , Om Prakash, Mange Ram, Sat Prakash and others started cultivating this land. This land was being claimed by Jai Singh appellant. Appellants Inder Singh, Hardeva Ram, Fateh Singh and Dariya are brothers of this Jai Singh Appellant Ram Swaroop is maternal uncle of appellant Jai Singh. Appellants Daula and Kashi are real brothers and are cousins of Jai Singh. Because of the dispute regarding possession of the aforesaid land, appellant Jai Singh formed a group consisting of his brothers, cousins, maternal uncle and some Bishnois. This group was on inimical terms with Om Prakash, Mange Ram and others brothers of PW 1 Smt, Vimla. The prosecution story further is that Smt. Vimla along with her husband Har Lal had constructed a Dhani on an agricultural field purchased by them and situated on the outskirt of village Sardarpura Bas. They used to live in this Dhani. In the nearby fields, Om Prakash and Mange Ram had built their separate Dhanis and they used to live there with their families. On 15 -9 -1984, Om Prakash, Mange Ram along with their relation Budh Ram of Nethrana and one Hari Singh PW 4 left their Dhanis for going to Bhadara from where Om Prakash and Mange Ram were to obtain certain documents pertaining to the land in dispute including some stay order. When these people left their Dhanis, Om Prakash was armed with a 12 bore gun belonging to Het Ram father -in -law of his brother Sant Lal. He was also having a bandolier of cartridges. Budh Ram was also armed with a gun and was carrying a separate bandoleer of cartridges. Mange Ram was unarmed while Hari Singh was armed with a Lathi. When these persons reached near 'Kanvasara Tal', they spotted a jeep and a tractor carrying almost 40 to 50 persons. All these persons started firing at Om Prakash, Mange Ram and Budh Ram. All the assailants got down from the tractor and the jeep and surrounded Hari Singh, Mange Ram, Budh Ram and Om Prakash. PW 4 Hart Singh got scarred and took to his heels and entered an adjoining field of Kanavasara which had a standing crop Of 'Bajri' in it. Hari Singh concealed himself in the field while the firing went on. The gunshots attracted the attention of PW 1 Smt. Vimla and PW 5 Smt. Santaro, who were sitting in their Dhanis. So attracted Smt. Vimla and Smt. Santaro rushed towards the field of Purna Ram Kadvasara. When Smt. Vimla and Smt. Santaro reached near the field of Purna Ram Kanvasara, they saw that Mange Ram, Budh Ram and Om Prakash were sitting in the Khala Of the field of Purna Ram. They also saw that appellants Ram Swaroop, Jai Singh, Dariya Singh. Inder Singh, Fateh Singh. Daula Ram, Kashi Ram, Amar Chand and two others namely, Gurdayal Singh and Bhoop Singh were firing towards Om Prakash, Budh Ram and Mange Ram Co -accused Ram Singh who has been acquitted by the learned trial court was standing near a Jeep. Appellant Ram Swaroop and Jai Singh were standing towards the North of the Dhani of Purna Ram Kanvasara and were firing guns from that side, they also saw that Dariya Singh, Fateh Singh, Inder Singh and Hardeva Ram had taken position behind a 'Khejdi' tree and were firing from that side while the other appellants were firing from the western side of the Khala At this, Smt. Vimla and Smt. Santaro ran to the rescue of Om Prakash and Mange Ram at which Jai Singh and Ram Swaroop pushed Smt, Vimla away and threatened to fire at her. Then Jai Singh shot at Budh Ram and Ram Swaroop shot at Mange Ram with the result that Budh Ram and Mange Ram fell in the Khala. At that very time, appellant Fateh Singh fired a gun at Om Prakash with the result that Om Prakash also feel in the Khala. The accused persons then fired guns towards Smt. Vimla and Smt. Santaro with the result that they also sustained some injuries. Appellants Inder Singh, Amar Chand and Dariya Singh gave beating to Smt. Santaro from the butts of their guns. Thereafter the appellants gave beating to Mange Ram, Budh Ram and Om Prakash by butts of their guns as also by Lathis. Jai Singh appellant picked up the gun of Om Prakash while appellant Fateh Singh picked up the gun of Budh Ram. Thereafter these ladies ran back towards their Dhanis. The appellants also thereafter made good their escape.
(3.) THE prosecution story further is that Smt. Vimla went to her dhani and escorted by her niece, left for village Badi Gandhi, from there she boarded a bus and went to Bhadara Hospital where she get herself examined and also received some first aid. That day at about 6.15 p m. PW 8 Pala Ram then in -charge Police Station, Bhadara, received a written report from the Government Hospital. Bhadara intimating that Smt. Vimla had been admitted in the Hospital in an injured condition. On this, Shri Pala Ram proceeded to the Government Hospital, Bhadara, where Smt. Vimla was hospitalised. He recorded her statement Ex. P 1 and sent the same to the Police Station, Bhirani, with PW 9 Makhan Lal because the incident had taken place within the jurisdiction of Police Station, Bhirani, and not within the jurisdiction of his Police Station, Makhan Lal reached Police Station, Bhirani, the same evening and banded over Ex.P 1 to Shri Sant Lal PW 13, who was then in -charge of the Police Station, Bhirani. The same day at 8 p m., Sant Lal PW f 3 recorded a formal FIR Ex.P 9 on the basis of Ex.P 1 and registered a case Under Sections 302, 307, 147, 148, 149 and 379, 1PC and 27 of the Indian Arms Act. After recording this formal FIR, Sant Lal PW 13 proceeded to the Government Hospital at Bhadara and recorded statement of Smt. Vimla Under Section 161, Cr PC. He then proceeded to the scene of occurrence. How ever, since night had fallen, he deputed some Police personal to keep a guard at the site and returned. He went to the scene of occurrence again next day is the morning. He found dead bodies of Om Prakash, Mange Ram and Budh Ram lying at the scene of occurrence. He made a detailed site inspection and prepared site plans Ex.P 26 and Ex P 27 and memos Ex P 26A and Ex.P 27A pertaining to such site inspection.;