(1.) All the five accused who were convicted and sentenced by the trial court have jointly preferred the present appeal.
(2.) The brief case of the prosecution is that PW3 Vijay Kumar was the brother of the deceased Ashok Kumar. On 21.5.2007 at about 8.30 P.M. when the deceased Ashok Kumar and his maternal uncle Sohan Lal were coming home, PW3 was standing in front of the house. Accused Jeetu armed with a Kirpan, accused Buggri armed with a Kapa, accused Shammi armed with a Kirch, accused Chamkeela armed with an iron rod and accused Preet armed with a Thapa encircled Ashok Kumar. Accused Buggri raised a lalkara to catch hold of Ashok Kumar for naming them falsely before the police. Accused Jeetu gave a Kirpan blow on the right upper side of the eye of Ashok Kumar, accused Buggri gave a Kapa blow on the left cheek of Ashok Kumar and accused Jeetu stabbed with Kirpan in the abdomen of Ashok Kumar. Ashok Kumar thereafter fell down on the ground. Accused Jeetu gave two consecutive Kirpan blows on his head. Accused Chamkeela gave iron rod blow on the deceased Ashok Kumar. Accused Shammi gave him a Kirch blow on the left arm pit. Accused Preet gave a Thapa blow on the head of PW3 and Shammi also gave a Kirch blow on his back. Thereafter, the accused fled away from the scene of occurrence with their respective weapons.
(3.) The occurrence was witnessed by PW4 Mukhtiaro the mother of the deceased Ashok Kumar as well as PW3 Vijay Kumar. PW3 Vijay Kumar took the injured Ashok Kumar to the hospital for treatment.