Narendra Kumar Jain-II, J. - (1.) Heard learned counsel for the accused-appellants as well as learned Public Prosecutor for the State.
(2.) Present appeal under Section 374 Cr.P.C. is directed against the judgment dated 3.2.1989 passed by learned Additional Sessions Judge, No. 2, Hanumangarh camp at Suratgarh in Sessions Case No. 60/1985, convicting and sentencing the accused appellants as follows : Accused-Appellant Ram Lal - for offences punishable under Section 307 I.P.C. - 4 years' rigorous imprisonment with fine of Rs.200/-, in default of payment of fine to undergo further 2 months' rigorous imprisonment. for offence punishable under Section 27 of the Arms Act - 2 years' rigorous imprisonment with fine of Rs.200/-, in default of payment of fine to undergo further 2 months' rigorous imprisonment. Both the sentences were ordered to run concurrently Accused-appellant Banwari Lal - for the offence punishable under Section 307 I.P.C. - 4 years' rigorous imprisonment with fine of Rs.200/-, in default of payment of the fine, to undergo further 2 months' rigorous imprisonment
(3.) The concise facts of the case are that on 16.6.1985 Bhagirath made an oral information at Police Station Pilibanga, inter alia, stating that his brothers Hari Ram and Mohan Lal both live jointly and on that morning, it was their turn to take water (for irrigation). The informant (Bhagirath), Hari Ram, Mohan Lal and their partner Ashok Kumar, all four went to fields for taking up the water. In the day, at about 12.30 PM, while Mohan Lal was taking up the water for his field then Ram Lal, Girdhari Lal and.Banwari Lal came there. Ram Lal was armed with 12 bore gun, Girdhari had a pistol and Banwari was armed with a 'gandasi' (sharp-edged agriculture cutting-tool). All there warned that they will not allow to take up the water. We said that it is our turn to take up water thereupon Banwari Lal inflicted Gandasi blow on the head of Hari Ram to kill him, Ram Lal fired towards Mohan Lal to kill him, which shot in his back while he was running to save himself. He then shot one more fire. Girdhari also fired from the pistol. These three persons inflicted other injuries also. Upon hearing hue and cry, our neighbour Sahab Ram came to the spot. He challenged them whereupon these three persons ran away.;