Chand Mal Totla, J. - (1.) AGGRIEVED of their convictions vide judgment dated 25.02.1983 by the Additional Sessions Judge, Raisinghnagar in Sessions Case No. 20/82 for the offences under Sections 148, 302/149 (Jarnail Singh of Section 302, IPC), 324 and 34 both read with Section 149 - and cumulative sentence of life imprisonment and a fine of Rs. 100/ -, appellants accused have preferred this appeal.
(2.) IT appears that deceased Bachan Singh and five Mukund Singh, D.B. Criminal Appeal No. 95/83 (Teja Singh and Ors. v. The State of Rajasthan) Narain Singh, Surendra Singh, Jarnail Singh and Jogendra Singh were brothers of which Mukund Singh and his son Teja Singh and four sons of Narain Singh are appellants accused - they particularly Bachan Singh, Mukund Singh and Narain Singh were on somewhat inimical terms because of agriculture dispute and cases. According to the prosecution, as alleged, is that Gurdeep PW 5 son of deceased Bachan Singh, accompanied with his brother Manjeet Singh lodged on January 27th at 8.25 a.m. an oral complaint at Police Station, Gajsinghpur, stating that - for last 8 -10 years because of agriculture dispute and cases for 3 Quilas of land of Murabba No. 10 quarrel is in between his father Bachan Singh and his brothers Mukund Singh and Narain Singh so brothers and their sons all were angry with them (Bachan Singh) - on that morning at 7.15 - 7.30 a.m., he, Gurdeep and father Bachan Singh were on their agriculture land and father Bachan Singh, having a brass tumbler, went to relieve himself of the call of nature and after about 5 minutes crying shouts "Maarta - Maarta" of father heard so he and Manjeet quickly reached where on way near Quila No. 5, Mukund Singh with Soti (thick stick), Inder Singh with a lathi, Gurjant Singh with a Jayee, Jarnail Singh with Kassiya and Chhinda Singh with a Parani were inflicting injuries to father Bachan Singh - Mukund Singh inflicted blow of lathi at back and Jarnail Singh of Kassiya at head of back, to Bachan Singh who fell down, then Chhinda Singh with Parani, Inder Singh with lathi and Gurjant Singh with a 'salang' (Jayee) inflicted blows on buttock of Bachan Singh - soon there came sisters Manjeet and Gity and when they tried to save their father, then Teja Singh inflicted blow of Barchha on the back of head and Gurjant Singh of Salang at hand of Gurdeep - Makhan Singh inflicted blow of Kassiya at cheek and other part of Manjeet. Gurdeep also stated that when attended father - he was dead so when they were running away, they also heard from behind sounds of two firearm shots. D.B. Criminal Appeal No. 95/83 (Teja Singh and Ors. v. The State of Rajasthan) This information recorded in Roznamcha and on basis of this FIR No. 7/82 Ex.P -6 registered for the offences of Sections 302, 307, 147, 148 & 149, IPC. In course of investigation, IO SHO inspected site and place photographed - memo and site plan are Exs.P -32 and P -6 and negatives with positive photographs Exs. P -26 to P -31. Memos of dead body of deceased Bachan Singh prepared and Blood stained clothes (also ring, watch etc.) on the person of deceased and stained clothes of Gurjeet Singh and Manjeet Singh seized and sealed. Jarnail Singh, Teja Singh, Chhinda Singh and Gurjant Singh arrested on January 27th and on disclosures made by them, respectively 'danda', Kassiya, Barchhi and a 'danda' recovered - Chhinda Singh arrested on February 3rd and Mukund Singh arrested on February 20th, and on their disclosures respectively a Parani and a Bans 'danda' of Kassiya recovered. Memos of all these prepared and sealed packets of these recovered articles delivered at FSL.
(3.) POST -mortem report of deceased Bachchan Singh is Ex.P -3, injury report of Gurdeep Ex.P -2 and injury report of Manjeet is Ex.P -1. Accused persons when charged for the offences of Sections 148, 302, 302/149, 324 and 323 independently and also read with Section 149 - that they on January 27th at about 8 in the morning armed of weapons with a common object of killing Bachan Singh and causing injuries to Gurdeep and Manjeet formed unlawful assembly and being member of assembly by inflicting injuries caused death of Bachan Singh thereby committing murder and voluntarily caused hurt of sharp object to Gurdeep and Manjeet - claimed trial.;