(1.) APPELLANTS Mohan Lal and his son Vicky do not dispute that an incident took place at around 10:30 PM on July 30, 2011 involving them, the deceased Meena, her brothers Bittoo PW -11, Balvinder PW -12 and their mother Chand Rani PW -13, but not in the manner as claimed by the prosecution is their case. As per the prosecution, the incident involved not only Mohan Lal and his son Vicky but even Bunty @ Rajiv and Manish the other two sons of Mohan Lal and 'K' the grandson of Mohan Lal. The further variation is: as per Mohan Lal and Vicky the incident was triggered by Meena, Bittoo, Balvinder and their mother Chand Rani, compelling Mohan Lal and Vicky to act in discharge of their right to private defence during which Meena, Bittoo and Balvinder were injured; and as per the prosecution, Mohan Lal and his three sons and one grandson attacked Meena to teach her a lesson and when her brothers Bittoo and Balvinder tried to save her, even they were injured. The defence of the appellants has been culled out by us with reference to the suggestions put to the eye witnesses and we extract the case put up while cross -examining Bittoo PW -11. The same is brought out from the under noted line of cross -examination of Bittoo: -
(2.) PITHILY put, as per Mohan Lal and Vicky, Mohan Lal was strolling in front of his house after dinner. He was dragged inside their house by Chand Rani, Balvinder and Bittoo, and was beaten. Managing to free himself, as he ran outside their house, Balvinder, Bittoo and Chand Rani chased him and at that point of time Meena came out and tore her clothes. Bittoo was armed with a knife and Chand Rani was armed with an iron rod. They managed to catch hold of Mohan Lal and assaulted him with an iron rod and a knife. As Mohan Lal bent, a blow directed towards him by Bittoo, accidentally hit Balvinder. Hearing the noise Vicky came out to save Mohan Lal and was caught by Balvinder and assaulted with a knife by Bittoo. At that time 'K' reached the spot. Meena picked up a knife and handed over the same to Bittoo who assaulted 'K'. Sensing danger to the life of his grandfather Mohan Lal and uncle Vicky, 'K' snatched the iron rod from Chand Rani and assaulted Meena, who fell down the staircase and became unconscious.
(3.) THE backdrop to the incident which took place at about 10:30 PM on July 30, 2011 in which Meena died, is an FIR Ex. PW -9/A No. 119 PS Prashad Nagar dated June 30, 2008 (proved by ASI Puran Chand PW -9) for offences punishable under Section 451/354/323/509/34 IPC lodged by Meena in which she named Mohan Lal and his three sons of entering her house and assaulting her and tearing her clothes with the intention to strip her and during the assault, with a view to further humiliate her, Mohan Lal stripped while making obscene gesticulations directed towards her. Another FIR No. 121/2008, Ex. PW -9/B dated July 03, 2008 at PS Prashad Nagar (proved by ASI Puran Chand) was registered at the instance of Pinky S/o. Kailash Chand (brother of Meena) as per which Mohan Lal and his three sons had accosted him on July 03, 2008 and had assaulted him. Thus, as per the prosecution the incident which took place on July 30, 2011 was to teach Meena a lesson.