RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) All these appeals by grant of leave arise from the judgment dated 25th May, 2006 passed by the Punjab and Haryana High Court in Criminal Appeal No. 918-DB of 2003 and as such they were heard together and are being disposed of by this common judgment.

(2.) Criminal Appeal No. 628 of 2007, Criminal Appeal No. 1273 of 2007 and Criminal Appeal No.1274 of 2007 have been filed by the appellants against the judgment of conviction and sentence whereas Criminal Appeal No.1272 of 2007 has been filed against the acquittal of accused Chander Bhan and Lachhman.

(3.) The prosecution started on the basis of the report given by PW.1, Randhir before the Assistant Sub-Inspector of Police in Civil Hospital, Jind on 21.4.1997 at 1.30 P.M. According to the First Information Report, there was litigation between Baba Krishangir and Baba Joragir in respect of 105 Killas of land in village Pokhri Kheri which travelled upto the Supreme Court and decided in favour of Baba Krishangir, who was in possession thereof. It has been alleged that in August last year, followers of Joragir fired at Krishangir at Jind Court as Joragir wanted to take possession of the land. Informant claims to be the supporter of Krishangir and according to him on 21.4.1997 at 7 A.M. he along with other persons including PW.3, Vedpal were at the Dera and at that point of time appellant Rajbir (appellant in Criminal Appeal No.1274 of 2007), appellants Rajesh, Dharamvir son of Rajmal, Hoshiara, Jage, Dharamvir son of Maha Singh, Ram Mehar alias Babru Dass and Prem Singh (appellants in Criminal Appeal No.1273 of 2007) and Ramesh (appellant in Criminal Appeal No.628 of 2007) besides the accused persons acquitted by the trial court and those acquitted by the appellate court variously armed came to the place of occurrence from the house of Joragir situated nearby. It has been alleged by the prosecution that Chander Bhan, since acquitted by the High Court, gave exhortation to other accused persons to teach a lesson to the followers of Krishangir present there for not allowing them to enter the land, whereupon all the accused persons attacked them. This was protested by Krishan a supporter of the Dera, who came to the place of occurrence on hearing the noise and asked the accused persons as to why they were assaulting the followers of Krishangir. At this, appellant Dharambir son of Rajmal fired from his pistol which caused injury on the face of Krishan and he fell down there. Prem Singh fired from his pistol at PW.3 Vedpal on his right shoulder. Appellant Jage as also appellant Teka gave lathi blows on the head and right arm respectively of the informant's brother, namely,