(1.) Sat Parkash resident of Mohalla purana Mandi, Narnaul, within the area of Police Station, Namaul district Mahendergarh, purchased a piece of urban property measuring 1 Bigha 17 biswas situated on Nangal chowdhary road from one Ram Sarup in the year 1981. This piece of land was adjoining the main metalled road. The civil litigation was pending between Sat Parkash and the appellants-accused persons. The latter used to Ires-pass into the land and caused damage etc. In pursuance of the order of the Civil Court dated 30.8.1993, Tehsildar, Namaul was appointed as Local Commissioner. He sent intimation to the parties to reach the land in dispute. On 30.8.1993, at about 2.00/2.30 P.M. the Tehsildar Narnaul went to the scene of occurrence for demarcation of the property. Lal Chand, Sat Parkash and Ramesh from the complainant side and Shiv Narain and Ram Chander from the accused side reached the spot. However, when the Tehsildar was about to start his proceedings on the site, he enquired about the electric meter which was installed in the room of the saw machine of at Parkash and Lal Chand told that only Sat Parkash his brother could tell about it. At this Shiv Narain and Ram Chander started hurling abuses to Lal Chand. Thereafter Shiv Narain took a piece of wood from near the saw machine and inflicted a blow with the same on the head of Lal Chand which be warded off with his both hands but the same hit his wrists, fingers and on dorsal side. Ram Chander inflicted two wooden log blows on the head of Lal Chand and gave a thrust blow on the anus. Shiv Narain also gave two blows with a piece of wood on the right shoulder and left side of the back of Lal Chand, who fell down. On seeing this, the Tehsildar along with his staff left the spot. Shiv Narain called his other co-accused in order to teach a lesson to the complainant party for purchasing the land. Bhartesh appellant brother of Shiv Narain armed with a Kulhari, Om Parkash, Prem Parkash, Ram Pal, Shamsher Singh and Hans Raj armed with small piece of wood came to the scene of occurence. Bhartesh appellant inflicted five Kulhari (axe) blows on the head of Sat Parkash, who was coming to rescue Lal Chand. Prem Parkash, a nephew of Shiv Narain, inflicted a blow from a wooden piece on the back of Sat Parkash, who fell down. In the meantime Yad Ram and Ramesh intervened and they were inflicted injuries by the accused party with their respective weapons. After causing injuries, the appellant-accused fled away from the scene of occurrence. The four injured were removed to Civil Hospital where they were medico legally examined. Thereafter Lal Chand, Sat Parkash, Yad Ram and Ramesh were referred to S.M.S. Hospital, Jaipur. On receipt of ruqa Ex.PK from civil Hospital, Namaul, S.I. Suresh Kumar P.W.-.20 went there and came to know that all the injured have been referred to S.M.S. Hospital, Jaipur. On 31.8.1993, the said S.I. went to S.M.S. Hospital. Jaipur and moved an application PEE with regard to the fitness of the injured to make their statements. Sat Parkash was declared unfit vide endorsement Ex.PEE/l whereas Lal Chand and Yad Ram were declared fit but Ramesh injured was declared unfit to make their statements vide endorsement Ex.PEE/3. He then recorded the statement Ex.PC of Lal Chand P.W.-.7 at 4.45 P.M. at Jaipur and on its basis formal F.I.R. Ex.PC/l was recorded at 9.30 P.M. on 31.8.1993. The special report reached the Ilaqa Magistrate at 2.30 P.M. on 1.9.1993.
(2.) After recording the statement of Lal Chand P.W.-.7, the aforesaid Sub Inspector went to the scene of occurrence. He prepared rough site plan of the place of occurrence Ex.PFF, lifted blood stained earth vide memo Ex.PV. On receipt of information about the demise of Sat Parkash the offence was converted into one under Section 302 of the Indian Penal Code Code. Shiv Narain, Ram chander, Shamsher Singh and Hans Raj appellants-accused were arrested on 3.9.1993 and Om Parkash, Prem Parkash and Ram Pal were arrested on 4.9.1993. H.C. Faguni P.W.-. 10 who was posted at Police Post S.M.S. Hospital, Jaipur, prepared inquest report Ex.PN on the dead body of Sat Parkash and sent the dead body for post mortem. On 2.9.1993 in pursuance of their disclosure statements Shiv Narain, Ram Chander and Prem Parkash appellants got recovered pieces of wood which were taken into possession. On 14.9.1994, Bhartesh appellant surrendered in Court on 14.9.1993 and was formally arrested. On interrogation he did not disclose anything.
(3.) Dr. Vivekanand P.W.-.17, conducted autopsy on the dead body of Sat Parkash deceased on 1.9.1993 at 11.00 A.M. and found the following injuries:-