PARAMJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two Criminal Appeals can be disposed of by this common Judgment. Both the Appeals are filed against a Judgment dated 11th September, 1997 of the Punjab and Haryana High Court. The High Court has convicted both the Appellants under Section 302 read with Section 34, I.P.C. and sentenced them to undergo rigorous imprisonment for life. The High Court has enhanced the fine from Rs. 500/- to Rs. 2,000/- each and in default of payment thereof the Appellants are to undergo rigorous imprisonment of 6 months.

(2.) Briefly stated the facts are as follows: The case of the prosecution is that on the evening of 18th August, 1993, one Subhash and one Raj Pal, both residents of village Babail had a quarrel. On 19th August, 1993, as the said Subhash was returning from the fields, carrying a bundle of jowar, Raj Pal with two other persons intercepted him and gave him a beating. Subhash then complained to Ex-Sarpanch of the village, who in-turn complained to the father of the Raj Pal, one Bhalle Ram that his son should not behave in this manner. On 20th August, 1993 there was again a heated exchange between members of the family of these two persons and there was threat, by one Arjun Singh (from the group of the appellants) that they would come with lathis. On 21st of August, 1993, there was again an exchange of words between family members of Raj Pal and the son of one of the accused by name Mahiya. During this exchange the family members of Raj Pal taunted the said Mahiya that they only give empty threats and did not carry them out.

(3.) It is the case of the prosecution that thereafter at 7 a.m. on 21st of August, 1993 while Raj Pal along with Fateh Singh, Ram Mehar and Ram Chander was sitting on a cot, spread outside the house of Ram Mehar, Paramjit (the appellant in Cri. Appeal No. 882/99) armed with a double barrel gun (belonging to his father), persons by names Nafe Singh, Molar, Randhir, Ram Singh (son of one Jailu), Arjun Singh, Rajinder and one Raj Kumar armed with lathis, Lachhman Singh, Bhalle Ram, Ram Singh (son of one Harbans) armed with jailies, Jaswant Singh armed with a gandasi and Mahinder Singh (the appellant in Cri. Appeal No. 883/99) armed with a double barrel gun came there. Mahinder fired from his .12 bore double barrel gun and the shot hit Ram Chander. On hearing the shot certain other people came out from the house. At that time Paramjit fired two shots from his gun. Thereafter Mahinder Singh fired another shot from hisgun. The shots hit one Balkar, Om Pati and Ram Chander on various parts of their bodies. It is the case of the prosecution that Jaswant Singh then gave a gandasi blow on the left arm of Raj Pal, and Molar gave a lathi blow on head, left arm and nose of Raj Pal. It is the case of the prosecution that several other injuries were caused to the other members of the complainant party. In the fight which took place Raj Pal and Ram Mehar caught hold of the gun of the appellant herein and broke it into pieces. Some injuries were also caused to some of the accused. The accused then ran away from the scene carrying their weapons.