MOHAMMAD RAFIQ,J. - (1.) This appeal has been filed by the accused-appellants challenging judgment dated 29.09.1987 passed by the Court of Sessions Judge, Bharatpur (for short 'the trial court') whereby the accused-appellants have been convicted and sentenced in the following manner: JUDGEMENT_117_LAWS(RAJ)7_2018_1.html All the sentences were ordered to run concurrently.
(2.) At the outset it may be noted that accused-appellant No. 3, Nihal Sngh died during pendency of present appeal on 31.12.2015. His death certificate has been placed on record along with report dated 24.08.2017 of Chief Judicial Magistrate, Bharatpur according to which Nihal Singh has indeed expired. Therefore, present appeal qua accused-appellant No. 3, Nihal Singh stands abated.
(3.) Facts of the case are that on 11.11.1985 in the morning at about 8.00 AM some hot words were exchanged between the some members of accused party and the complainant party near the field and at that time persons from both the sides were separated. Then at about 11.00-12.00 in the morning the incident took place in which Chutta died and other four persons received injuries on their persons. Lekh Raj Singh (P.W.15) received information from Rajendra Singh (P.W.11) and as per his version he mentioned that in Rojnamcha (Exhibit P-17) produced before the court and then he rushed to the spot. At the spot Vadda (P.W.1) submitted a written report to Lekh Raj Singh (P.W.15). As per the prosecution case, eleven accused persons came there. Raghuveer was having gun and Gambhir, Hubbi, Nihala, Basi and Bhanwar Singh were having Katta with them and other persons were having lathies with them. When these persons reached near the 'chapper' of the 'nohara', Raghuveer opened fire at Chutta, who received the pellet injuries on his person. Gambhir caused injuries to Pritam, Basi caused injuries to Shyam Lal by fire arms. Bahadur while coming there on tractor, was fired at from behind by Nihala. It was alleged that Moola caused injury by lathi to Shyam Lal. All these persons opened many fires. Chutta died due to the injuries. All these persons after firing ran away from the place.;