Kanwaljit Singh Ahluwalia, J. - (1.) THREE brothers namely Pappu, Ramveer and Mukhtyar Singh @ Ravindra all sons of Chhiddi Ram were sent for trial for having caused murder of their nephew Satish Chand son of the complainant Ram Kishan (P.W.1). Case of the prosecution is that on 8.2.2006, in the morning at 9.30/10.00 AM, appellant Mukhtyar Singh @ Ravindra had caused an injury with Sickle on the neck of Satish Chand. Ramveer also caused injury at the same place where Mukhtyar Singh @ Ravindra had caused injury.
(2.) THE Court of Additional Sessions Judge (Fast Track) No. 2, Bharatpur vide impugned judgment dated 28.2.2007 held the appellant Mukhtyar Singh @ Ravindra substantively guilty of offence under Section 302 IPC whereas two other appellants Pappu and Ramveer were convicted with the aid of Section 34 IPC. The trial court vide a separate order of even date, sentenced the appellants as under: - Accused, Mukhtyar Singh @ Ravindra "U/s. 302 IPC: Life imprisonment, to pay a fine of Rs. 1000/ - and in default thereof to undergo six months simple imprisonment." Accused, Pappu and Ramveer "U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs. 1000/ - and in default thereof to undergo six months simple imprisonment." In the present case, appellant Mukhtyar Singh @ Ravindra had also received serious injuries and the complainant party was also tried as accused in cross case.
(3.) SHRI Prahlad Sharma learned counsel for the appellants submits that the prosecution has suppressed the origin and genesis of the occurrence by not explaining injuries on the person of Mukhtyar Singh @ Ravindra and further, the appellants have acted in exercise of complete right of self defence of their person. We have been called upon to examine the above argument in the instant appeal preferred by the appellants to assail their conviction and sentence.;