(1.) This appeal has been filed against the judgment of conviction and order of sentence passed by learned Additional Sessions Judge, Kurukshetra dated 09.05.2000 vide which the appellants have been sentenced to undergo imprisonment as under:- <FRM>JUDGEMENT_569_LAWS(P&H)1_2012(1).html</FRM>
(2.) The matrix of the prosecution case is that on 22.8.93 complainant Bishna Ram son of Santu gave a statement to SI/SHO Pardeep Singh alleging therein that he was a resident of village Kalyana and that there was a well of the Harijans in their village. They had closed that well about a year back by filling earth in it. There was some land near the well and the Panchayat, about 10 days back, had divided that land between the Harijans and the Balmikis. On the fateful day the Panchayat had got the foundation of the well dug from the Harijans and the Balmikis. The complainant stated that he along with Desraj, his son Resham, Roshan and Labh Singh, Gurdial, Ram Kishan and Faquiria collected bricks at the well and started constructing the foundation with bricks. Ronki gave a Lalkara to the other Balmikis to catch hold of all the Harijans and teach them a lesson for constructing the foundation. Ronki's son Nathu was armed with Gandasi. Ajmer son of Tirloka was armed with Lathi, Jaipal son of Ronki, Karnail son of Tirloka and Banta son of Ronki were armed with Lathies. Ronki's sons Charna and Gurdial were not armed with anything. Ajmer gave three lathi blows to Ram Kishan which hit him on his left eye, forehead and left shoulder. Nathu hit Ram Kishan with Gandasi on his stomach. Shish Pal alias Bittu hit Faquiria on his head with sword. Nathu caused injuries with Gandasti to Faquiria on his both legs. Banta Ram hit the complainant with lathi on his head, left hand and left leg. The complainant, Ram Kishan and Faquiria fell down. Charna and Gurdial hit Roshan, Banta, Balvinder, Ramesh, Labh Singh and others with bricks. Jai Pal. Karnail, Tirloka, Banta and Ballu hit Desraj and others with their lathies. Injuries were suffered by them. They were got admitted by the villagers in the hospital at Shahabad. Gurbachan Singh Lambardar and Karnail Singh member Panchayat had also seen the occurrence. They also saved them from the clutches of the accused. Nathu and others threatened the complainant party with dire consequences. Injuries were also caused by them to Balmikis in their self defence. A case under Sections 323, 324, 148,149 and 506 IPC was registered against the accused. All of them were arrested. After completion of investigation and other usual formalities challan was presented in Court.
(3.) Accused were chargesheeted under Sections 148/323/324/307 read with Section 149 IPC to which they did not plead guilty and claimed trial.