KANWALJIT SINGH AHLUWALIA,J. - (1.) Seventeen persons namely Sumartha, Radha Kishan, Harsi @ Har Sahai, Sanwaliya, Chimman, Dhansi, Kailash, Girdhari, Chhota, Ramparsiya @ Ram Prasad, Ramji Lal, Dharmchand @ Dharmi, Ram Khiladi, Ramnath, Bhola, Ram Singh and Harphool were sent for trial in case arising out of FIR No.93/85 dated 6.8.1985 registered at Police Station Laxmangarh, Alwar for the offences under Sections 302, 307, 323, 324, 147, 148 and 149 IPC. In the occurrence, Chhotiya died due to injuries caused and Muniram (P.W.2) and Resham (P.W.1) also suffered injuries in the occurrence. It may be highlighted here that one of the accused namely Sumartha who had given fatal blow with spade on the head of deceased Chhotiya also suffered injuries in the occurrence.
(2.) The case of the prosecution has emerged in the statement (Exhibit-P/1), made by Muniram (P.W.2) on the basis of which a formal FIR (Exhibit-P/38) bearing No.93/1985 was registered. The statement made by Muniram (P.W.2) leading to registration of FIR (Exhibit-P/38), when translated into English reads as under:- "Statement of Muniram son of Bhagwana, by caste Meena, resident of Police Station Laxmangarh, aged 18 years. Today on 5.8.1985, at about 6:00 PM, I and my Kaka (Uncle) Chhotiya and Resham had gone to visit Bada Wala field. When we reached there, we saw that Chimman was raising a Dol (Ridge) which adjoins our field. Harsi, Radha Kishan, Dhansi, Chimman, Kailash, Sumartha and Sanwala Meena were raising a boundary wall with earth and they were taking earth from the field cultivated by us. My Kaka Chhotiya objected as to why they are taking earth from our field and thereby making a pit in our field. My uncle said if the pit is made in his field, passers by will damage the crop. At that stage, Sumartha caused a spade blow on the head of Chhotiya. Others also caused injuries to Chhotiya with lathis and Farsis. We came forward to save him. Then all caused injuries to me and Resham. Chhotiya fell at the spot and died. Sumartha caused spade blow on the head of Resham. Others caused Resham injuries with lathis. Meanwhile, Bhola, Chhota, Ramnath, Dharmi, Ram Khiladi, Harphool, Ram Singh, Girdhari, Ramji Lal and Ram Parsiya etc came armed with lathis. They encircled us and had not permitted us to run away from the spot by saving our lives. Harsi caused two lathi blows on my right hand, Radha Kishan caused three lathi blows on my left hand. They also caused injuries on my both feet. The occurrence has been witnessed by Nahar Singh, Bhagwana, Kailash and Ramphool. Resham also became unconscious at the spot. The above said persons carried my father from the spot. Chhotiya died at the spot. The above said persons were already having a grudge against us."
(3.) From the above statement (Exhibit-P/1), on the basis of which formal FIR (Exhibit-P/38) was registered, reveals that the occurrence had taken place in two parts. In the first part of the occurrence, Sumartha, Sanwaliya, Harsi @ Har Sahay, Radha Kishan, Kailash, Dhansi and Chimman had participated. Remaining accused Bhola, Chhota, Ramnath, Dharmi, Ram Khiladi, Harphool, Ram Singh, Girdhari, Ramji Lal and Ram Parsiya arrived at the spot after the fatal blow was caused. Only allegation qua them is they encircled injured and had not permitted them to run away from the spot.;