K. S. SIDHU, J. - (1.) THE appellants, Bachan Singh, Mulka Singh, Mala Singh and Balbir Singh, were tried by the Sessions Judge, Bharatpur, along with seven others on various charges including the charges in respect of the offences of rioting armed with deadly weapons, murder of one Dalip Singh, attempt to murder one Balwant Singh and house trespass after preparation for hurt punishable under sec. 119, 302, 302-149, 307, 307-149 and 452 X of the Indian Penal Code. THE seven accused who are not before us in this appeal were acquitted of all the charges framed against them. THE appellants were convicted and sentenced as under:- (1) Bachan Singh (i) Imprisonment for life under section 302-149 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 3 years under section 452 I. P. C. (iv) Rigorons imprisonment for 2 years under section 148 I. P. C. (2) Mala Singh (i) Imprisonment for life under section 302-149 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 7 years under section 307 I. P. C. (iv) Rigorous imprisonment for 3 years under section 452 I. P. C. (v) Rigorous imprisonment for 2 years under section 148 I. P. C. (3) Mulka Singh (i) Imprisonment for life under section 302 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 7 years under section 452 I. P. C. (iv) Rigorous imprisonment for 2 years under section 148 I. P. C. (v) Rigorous imprisonment for 1 year under section 25 Arms Act. (4) Balbir Singh (i) Imprisonment for life under section 302-149 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 7 years under section 307 I. P. C. (iv) Rigorous imprisonment for 3 years under section 452 I. P. C. (v) Rigorous imprisonment for 2 years under section 148 I. P. C.
(2.) THE case of the prosecution which resulted in the conviction of the appellants as aforementioned may be shortly stated here. On November 10, 1976, at 8. 30 A. M. Kartar Singh a resident of village Bamanvadi, went to police station Pahari and made a written report (Ex. P/l) complaining that 12 persons, including the four appellants armed with deadly weapons like guns, ballam, pharsa and swords, entered his house, and started abusing him and other inmates of the house on November 9, 1976. at about 6. 30 P. M. Appellants Bachan Singh and Mala Singh fired gun-shots at Balwant Singh (P. W. 13) who sustained pellet injuries on both feet. Dalip Singh deceased who was standing in front of his kotha was fired at by appellant Mulka Singh and Balbir Singh son of Hukam Singh. Dalip Singh died on the spot as a result of those gun-shot injuries. Balbir Singh son of Hukam Singh one of the two alleged killers of Dalip Singh, was himself killed sometime after this occurrence. Another by accused the same name of Balbir Singh who is one of the appellants before us also fired but none was injured by his shot. THE complainant mentioned in the report that the occurrence had been witnessed by Laxmi Bai, Birma Bai, Santo Bai, Khusal Singh, Bhola Singh, Partap Singh and others. He further mentioned therein that on hearing the gun-fire a large number of villagers reached there. THE accused ran away on seeing the villagers. The motive of the crime as given in the report is that one Harnam Singh, a maternal uncle of accused Balbir Singh, since killed, had murdered the complainant's father and brother and that Harnam Singh had been convicted and sentenced for the commission of that crime. Balbir Singh accused had been harbouring ill-will and enmity against the complainant and his family ever since Harnam Singh's conviction and sentence. On receipt of this report the Pahadi police registered a formal F. I. R , (Ex. P/10) which is a verbatim copy of the written report. Sub-Inspector Phool Singh (P. W. 14) went to village Bamanvadi the same day and saw the dead body of Dalip Singh lying in-front of his kotha. He prepared a rough sketch (Ex. P/12) of the alleged scene of the crime. He also recovered from the compound of the complainant's house 4 empty cartridges vide recovery memo Ex. P. 5. He prepared the inquest report Ex. P/4. He sent the dead body of Dalip Singh for post-mortem examination. Dr. Ramesh Kumar Pareek (P. W. 15) conducted the post-mortem examination on the same day at 1. 40 p. m. Dr. Pareek found pellet wounds on the upper part of the body of the deceased like chest, shoulders, cheek, neck and upper arms. Both the lungs had been pierced through. Blood was found accumulated underneath the pericardium and around the heart. Dr. Pareek opined that Dalip Singh's death resulted from excessive haemorrhage and shock due to these injuries. Dr. Pareek also examined Balwant Singh (P. W. 13) on the same day and found pellet wounds on his thighs & legs. During the trial the prosecution examined among others, Khushal Singh, Laxmi Bai, Iqubal Singh, Kartar Singh, Kala Singh, Santo Bai, Ganga Singh, Bhola Singh, Amar Singh, Balwant Singh, Dr. Ramesh Pareek & Sub-Inspector Phool Singh as witnesses in support of its case. By & large they supported the prosecution story as narrated above.
(3.) IN their statements under section 313 Cr. P. C. the accused denied the allegations against them and protested their innocence. They pleaded that they have been falsely implicated in this case by Kartar Singh and other members of his party on account of previous enmity. In cross-examination of the prosecution witnesses, learned defence counsel put to the witnesses what was described during the course of arguments as a theory of defence. He made positive suggestions to the witnesses to the effect that complainant Kartar Singh and his brother Khushal Singh and Dalip Singh deceased had surrounded Balbir Singh son of Hukam Singh in the street and that the latter had fired at them in self-defence killing Dalip Singh on the spot Learned defence counsel further suggested to the witnesses that they had thereafter removed the dead-body of Dalip Singh from the street & kept it in-front of his kotha to create evidence that they had been attacked by the accused in their own house. Dws. Amar Singh and Jarura were produced to give evidence in support of defence version. They testified to fight in the village street between Kartar Singh, Khushal Singh and Dalip Singh deceased of the complainant party on one side and Balbir Singh son of Hukam Singh on the other. They deposed that Balbir Singh who was armed with a gun shot Dalip Singh dead on the spot and that Kartar Singh and Khushal Singh removed the dead body of Dalip Singh from there to the compound of his house. ;