GUPTA,J. - (1.) This appeal filed by the State seeks to challenge the judgement of the learned Additional Sessions Judge, Sriganganagar dated 31/8/1984 passed in Sessions Case No.7/84 acquitting all five accused-persons of all the charges. Necessary facts are that on 22/23.10.1982 at about 12.45 in night, the statements of Balveer (injured) P.W.-3 were recorded by In charge, Police Station, Sadulsahar at the hospital wherein Balveer deposed that some 18-20 days ago he had purchased one plot from Gram Panchayat, Maniyawali, which is situated adjacent to plot of Chuni Ram Nayak and he was dumping garbage at that plot for the last three days. However, Chunni Ram used to take away that garbage and mixed with his own one, on the pretext that the plot belongs to him.
(2.) It is further deposed that on that day he came to learn that Chuni Ram is grabbing possession over the plot by dumping bricks, whereupon in the evening at about 7.00 p.m., he along with his brother Balram and his father Jangeer Ram went on the plot and found Hakam S/o Mani Ram armed with 'gandasi' and Hakam's sons armed with 'kasiya', who were by caste Yadav, Chuni Ram S/o Boga Ram and Sahab Ram S/o Chuni Ram were armed with lathies' and one camel cart full of bricks was there, whereupon Chuni Ram and Hakam were asked to desist, by claiming the plot to be belonging to him, but Chuni Ram asserted to be in possession and started hurling abuses, whereupon good counselling was advanced that let Sarpanch come and matter would be sorted out, but all of them started giving beating, and in that process Hakam inflicted 'gandasi' blow on his head with the intention to kill and also inflicted another blow on the head of his brother Balram also with intention to kill, as a result of which, they fell down. Still the accused-persons continued to shower blow with 'kassis' and 'lathies'. He and his father raised hue and cry which attracted his nephew Anil Kumar (P.W.-4), Prabhati Ram (P.W.-2) and various other villagers, who intervened them.
(3.) They carried Balram to house; called Government Vaidh Brijmohan administered first aid, then the witness and Balram were carried in a jeep to Mandi Sadulsahar, and got admitted in the hospital. On this statement, FIR Ex.-P/9 was registered. The ASI recording statement noticed injury on the head of Balveer, other injury on the wrist with dotted Wood and other injuries also. After registering the FIR, usual investigations were undertaken, the injured Balveer and Anil Kumar were got medically examined. While undergoing treatment Balram died on 6.11.1982 whereupon the case was converted into one under Section 302 also. After completing the investigation, charge sheet was submitted before the learned Magistrate, who committed the case to the court of Additional Sessions Judge, Sriganganagar where the case was transferred to the learned trial court.;