BIJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals are directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 169-DB of 2005, wherein and whereunder the High Court has allowed the appeals filed by the six accused persons namely, Kishori Lal, Gulbir, Chander Pal, Dharam Pal, Desh Raj and Sher Singh and dismissed the appeals filed by the other accused persons and thereby confirmed the judgment and order of the Trial Court qua the other five accused persons.

(2.) Tragic case of a double murder of Ram Kishan and Rattan Singh ("the deceased" for short) on 04.12.1996. The dispute between the accused persons and the injured and deceased persons pertained to a piece of land in village Gurwari. The Prosecution story, as noticed by the High Court, is as under:

(3.) It transpires from the record that the accused persons had reached the said land in their tractors armed with weapons including guns. They witnessed the deceased persons and others cultivating the land and therefore forcibly entered the lands and upon resistance being offered, they assaulted the deceased persons and others with lethal weapons carried by them. As a result of the assault, few were injured and two succumbed to death; one while being rushed to the hospital and the other at the hospital even after being provided medical aid.