Sunil Kumar Garg, J. - (1.) This appeal has been preferred by the accused-appellants against the judgment and order dated 26.3.1987 passed by learned Additional Sessions Judge No. 1, Hanumangarh in Sessions Case No. 82/82 whereby the learned Additional Sessions Judge acquitted the accused - Balbir Singh, Darshan Singh, Chetram, Dheer Singh and Jogendra Singh for the offences charged against them, but convicted the accused - appellant - Deputy Singh for offence under section. 307 Indian Penal Code and accused - appellant - Nichhatar Singh for offence under section. 307/34 Indian Penal Code. The accused - appellants were also acquitted for offence under sections. 148, 458 & 307/149 Indian Penal Code and sentenced each of them as under : JUDGEMENT_176_LAWS(RAJ)2_2002_1.html
(2.) This appeal arises in the following circumstances : (i) On 8.4.1982, PW-1 Makhan Singh lodged a report Ex.P/1 before Dy.S.P. Sangaria stating that he came to know that a quarrel had taken place with his father PW-3 Mehar Singh in the village and thereupon he came to the police station and found his father sitting in the Police Station and then PW-3 Mehar Singh told him that at about 6.30 a.m. in the morning, when he was sitting in his chowk, he heard cries in the street, thereupon he came out in his "Bankal" then he saw Balbir Singh, Dheer Singh, Deputy Singh (accused-appellant) Jogendra Singh, Darshan Singh, Nichhatra Singh (accused-appellant) and Chetram were abusing him and at that time, accused-Dheer Singh was armed with Gandasi, Deputy Singh was armed with Gandasi, Nichhatra Singh was armed with Sela, accused-Jogendra was having a 12 bore gun and all accused persons entered his Bankal and seeing them, PW-3 Mehar Singh brought his licensed gun and warned them not to proceed further, but they did not adhere to his advice and thereafter accused-Balbir Singh snatched his gun and told other accused to kill him. Thereafter accused-appellant-Nichhatar Singh gave a Bukia blow on his left hand. Accused-Dheer Singh gave a gandasi blow on his shoulder. Accused-appellant-Deputy Singh gave a gandasi blow on his head. Thereafter accused-appellant-Nichhatar Singh gave another injury by Sela which hit his wife PW-2 Jasmel Kaur and because of that she received some lessor injuries. It was further stated in the report Ex.P/1 that his wife PW-2 Jasmel Kaur made hue and cry, then Inder Singh came and all the accused persons ran away and they also took his gun. It was further stated in the report Ex.P/1 that he went to his home and he consulted sarpanch of the village (Rampratap), then he came to the police station.
(3.) On this report, police chalked out regular FIR Ex.P/2 and started investigation.;