CHAWLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts giving rise to this appeal by special leave are as under:

(2.) During consolidation operations in their village, Deora, dispute arose between Ram Lal and Har Lal on one side and Bishna on the other over the allotment of a plot, measuring 4 1/4 acres. This plot was allotted by the Consolidation Officer to Bishna; but in revision, the Additional Director, Consolidation on May 4,1968, set aside the order of the Consolidation Officer and allotted it to Ram Lal and Har Lal, accused. Bishna died and the deceased succeeded him. Aggrieved, the deceased persons moved the High Court under Article 226 of the Constitution for bringing up and quashing the order of the Director. The High Court dismissed this petition on July 14, 1971 and upheld the order of the Director. On October 4, 1971, the Assistant Collector made an order that, in implementation of the order of the Director of Consolidation, the land be demarcated at the spot and possession delivered to the allottees. It was further directed that the land be mutated in favour of the allottees. On October 5, 1971, the Kanungo in compliance with the Assistant Collector's order, demarcated the land at the spot and delivered symbolical possession of

(3.) On November 11, 1971, Ram Dia, Dal Singh and Ran Singh deceased went to the fields with their ploughs. Dal Singh started reaping chari crop. Ran Singh started ploughing the field, while Ram Dia went on a round of the field. At about 11 a. m., all the six accused in a body, reached the field. Puran and Ram Lal were armed with Suas (iron spiked sticks), Dhanna with a Gandasa, and Har Lal, Mukhtiara and Chawla with lathis. On reaching the spot, Har Lal exhorted his companions to kill the deceased. Thereupon, Chawla, Puran and Ram Lal gave blows with their respective weapons to Ram Dia. Ram Singh came to the rescue of his brother. Thereupon, Dhanna and Mukhtiara assaulted him with their respective weapons. Dal Singh interceded but all the six accused belaboured him. The occurrence was witnessed by Smt. Mali, Nasib Singh and Shadi who had run to a safe distance and stood there. After the assault, the accused ran away taking their weapons with them. Ram Dia died at the spot. Dal Singh succumbed to his injuries after his admission in the Civil Hospital Kaithal, while Ran Singh expired in Medical College Hospital. Rohtak on November 13, 1971.