(1.) Appellants have preferred this appeal challenging their conviction and sentence as ordered by the trial court vide judgment/order dated 5.9.2002/7.9.2002 under Section 302, 34 of the Indian Penal Code ('IPC' for short). During the pendency of the appeal, appellant Jagdish has died on 19.2.2004.
(2.) Prosecution story, in brief, is that on 22.7.1997, complainant along with his brothers Des Raj, Banwari and Parshotam had gone to get the sale deed executed in their favour on payment of Rs. 1,00,000/- to the accused party in terms of the settlement arrived at in a Panchayat. However, the accused party i.e. Dalip Kumar, Jagdish, Gurdial, Siri Bhagwan, Sushil Kumar, Ramesh, Subhash and Gurdial refused to transfer the land in question in favour of the complainant party. The land was in possession of the complainant party for the last 50 years and they were cultivating the same. The accused party after reaching the Tehsil office, refused to get the land in question transferred, in favour of the complainant party and as a result of this, an altercation took place between them. Dalip Kumar was armed with an single barrel 16 bore licensed gun of his brother Jagdish. The remaining accused were empty handed. The accused party then parked their vehicle outside the Tehsil premises on the road. The complainant party after boarding their tractor, driven by Des Raj, came outside the Tehsil premises on the road. Siri Bhagwan, Gurdial, Sushil and others instigated Dalip to fire a shot. Then Dalip Kumar fired a shot from the licensed gun of his brother Jagdish on the right hand and armpit of Des Raj. It was about 2.00 P.M. at that time. Thereafter, the assailants left the spot.
(3.) On the basis of the statement of the complainant, formal FIR No. 315 dated 22.7.1997 was registered at Police Station Adampur under Section 302, 148, 149 IPC and 25, 27 of the Arms Act, 1959.