(1.) A small incident of taking a turn without giving any signal by the driver of the three wheeler had initially led to a wordy exchange between Raghbir Singh (PW-2) and his brother Satbir who were riding on a scooter and Ranbir Sing (A-1) who was driving the three wheeler. Ordinarily, this incident should have ended at that stage but Raghbir Singh (PW-2) after reaching the Forest Department at Hisar where he was working, came back with his friends to the place of first incident and thereafter again there was exchange of hot words between these two groups which led to the assault by Ranbir Singh causing death of Ajit Singh.
(2.) The broad facts of the prosecution case may be summarised as under:- On 10th May, 1991 at about 7.30 a.m. Raghbir Singh (PW-2) and his brother Satbir were going to the Forest Department at Hisar on a scooter. At the same time, a three wheeler driven by Ranbir Singh (A-1) was going ahead of the scooter. A-1 without giving any indication took a right turn; however, Raghbir Singh (PW-2) skillfully avoided the accident with great difficulty. There was an altercation between the scooterist ad the driver of the three wheeler who called his brother Rama Shankar (A-2) and Vinod (A-3). However, this incident ended there only and thereafter scooterist left for their office. This incident was reported to Umed Singh, the officer in the Forest Department and thereafter Raghbir Singh (PW-2), Ramphal (PW-3)and Umed Singh came to the place where the first incident took place. All the three accused (Appellants) were then standing at the palace of Ist incident. Raghbir Singh (PW-2), and his companions advised A-1 to drive the three wheeler cautiously so that accident is avoided. In the meantime, Ajit Singh (since deceased), a Peon in the Forest Department, reached there. Both the groups then got involved in heated exchange of words and thereafter A-1 suddenly inflicted two knife blows on Ajit Singh who resultantly fell down. A-2 gave a lathi blow on Raghbir Singh (PW-2) whereas A-3 inflicted knife blow on Ram Phal (PW-3). The injured raised an alarm whereupon Jaswant Singh came there with his car. All the accused in the meantime fled away with their weapons. Raghbir Singh (PW-2), and Ramphal (PW-3), who had sustained the injuries were removed to the hospital at Hisar, Ajit Singh died on the spot. Statement of Raghbir Singh (PW-2), recorded at about 11.45 a.m. was treated as an FIR. The Investigating Officer, thereafter went to the place of incident and held the inquest panchanama, spot panchanama and recorded the statements of injured persons and other witnesses. The accused on 11th May, 1991 surrendered in the Court and they were formally shown arrested on 13th May, 1991. After completing the necessary investigation, all the three accused were put up for trial for offences punishable under Sections 302, 302/34, 324, 324/34, 323 and 323.34 I.P.C. To be more precise, A-1 was charged under Section 302, A-2 and A-3 under Section 302/34, A-3 under Section 307, A-1 and A-2 under Section 307/34, I.P.C., A-2 under Section 323, I.P.C. and A-1 and A-3 under Section 323/34 of the Indian Penal Code. All the three accused pleaded not guilty to the charges and claimed to be tried.
(3.) The prosecution in support of its case examined as many as nine witnesses. Of them, Raghbir Singh (PW-2) and Ramphal (PW-3), are the injured eye-witnesses. Dr. S. K. Modi (PW-1) held the autopsy on the dead body of Ajit Singh. He also examined the two injured eye witnesses on 10th May 1991 and issued the injury certificates thereof. There is also evidence relating to the disclosure statement made by A-2 which led to the recovery of a knife under Section 27 of the Evidence Act.