RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Punjab and Haryana High Court in Criminal Appeal No. 242 DB/88. The High Court confirmed the conviction of the appellants under Section 148 and Sections 324, 325 and 302, I.P.C. all read with Section 149, I.P.C. recorded by the Sessions Court. Ambala in Sessions Case No. 22/87.

(2.) The appellants on the one hand and the two deceased - Bachittar Singh and Bachan Singh - on the other hand were distant collaterals and they had 'baras' situated side by side on the outskirts of their village. Near the common boundary of two 'baras', there was a 'kikar' tree and a dispute was going on between them since long as regards ownership of that tree. On June 5,1987, at about 6.00 p.m., appellant No. 5 - Swaran Kaur was seen by Bachittar Singh and Bachan Singh standing near that kikar tree. They also saw Avtar Singh - appellant No. 4 cutting branches of that tree. So, Bachittar Singh and Bachan Singh went to that 'bara' and protested against Avtar Singh cutting the branches. That led to an exchange of hot words and abuses followed by an assault on Bachittar Singh and Bachan Singh. According to the prosecution case, seeing this assault on Bachittar Singh and Bachan Singh, Labh Singh - PW 17 and Pala Singh - PW 18 went to their rescue but they were also assaulted by Avtar Singh, Ram Singh - appellant No. 1, Didar Singh - appellant No. 2 and Piara Singh - appellant No. 3 who had also by that time reached that place armed with weapons. As a result of that assault, Bachittar Singh and Bachan Singh lost their lives and Labh Singh and Pala Singh received some injuries.

(3.) In order to prove its case, the prosecution had examined three eye-witnesses, Labh Singh - PW 17, Pala Singh - PW 18 and Kirpal Singh - PW 19. The trial Court believed their evidence and convicted all the five appellants. The High Court accepting evidence of those eye-witnesses confirmed the coviction of all the appellants.