RANDHIR SINGH Vs. STATE

JUDGEMENT

(1.) Seven appellants, namely, Randhir Singh, Chattar Singh, Krishan Kumar, Ranbir Singh, Ajay @ Leelu, Netarpal and Jagjit @ Jaggar in the present appeal have impugned their conviction under Sections 148,302,326,308,323 read with Section 149 of the Indian Penal Code, 1860 (IPC for short) by the impugned judgment dated 26th February, 2011 passed in S.C. No.54/09 arising out of FIR No.09/2003 registered under Sections 307/302/201/148/341/506/326/324 IPC at police station J.P. Kalan. Kehar Singh was also charged, but had expired during the pendency of the trial. Proceedings against Kehar Singh abated vide order dated 27th January, 2011. Impugned Order on the point of sentence dated 11th March, 2011, directs as under:-

(2.) Randhir Singh has also preferred Criminal Appeal No. 616/2011 against acquittal of Hari Chand, Sant Ram, Prem Kumar, Naveen, Satpal and Sukhchain vide judgment dated 26th February, 2011 in S.C.No.53/09 arising out of FIR No.73/03, police station J. P. Kalan under Sections 307/506/34 IPC. Arguments in the two appeals were heard at the same time, but we are dealing with the two cases separately as Criminal Appeal No. 616/2011 is a cross case and the judgments impugned in the two cases are separate.

(3.) The contention of the State, which has been upheld by the Trial Court, is that the appellants herein along with late Kehar Singh, in an unlawful assembly, had caused/inflicted head injury to Anil on 1st February, 2003 leading to his death. The appellants and late Kehar Singh had also caused injury to Naveen resulting in amputation of his two fingers. This had happened when Naveen, Sant Ram (PW-2) and Hari Chand (PW-9) had moved forward to save Anil. The appellants and late Kehar Singh were also responsible for causing simple injuries to Hari Chand (PW-9), Sant Ram (PW-2) and Prem Kumar (PW-1).