ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) 33 accused were sent up for trial in this case of whom 24 were acquitted by the learned trial Court vide its judgment dated 4.1.2003. These two appeals have been filed by the nine accused, who have been convicted under Sections 148, 302/325 read with Section 149 of the Indian Penal Code. The facts insofar as they are relevant to the disposal of these appeals are as under :-

(2.) AT about noon time on 28.2.1998 Singh Ram (PW-15), his brother Mohinder Singh (PW-17) and Amar Singh (since deceased), Singh Ram's brother-in-law, were working in their fields in village Rampur, when they were attacked by Roshan Singh, Amar Singh son of Data Ram, Ram Singh, Raj Kumar, Suresh Pal, Karnail Singh, appellants, who were armed with gandasis and Barkha Ram and Sawan Ram armed with Lathis as also by the other acquitted accused, also variously armed. Roshan Lal gave a Lalkara that Singh Ram etc. should be taught a lesson for taking possession of Shamlat Deh land and on this Roshan Lal and his sons Karnail Singh, Raj Kumar and Suresh Pal gave gandasi blows on the head of Amar Singh (deceased). Accused Amar Singh son of Data Ram, Mohinder Singh and Ram Singh gave gandasi blows on Singh Ram's head and arm. Barkha Ram and Sawan Ram also gave gandasi blows to Mohinder Singh whereas the other accused also caused injuries to them with their respective weapons. The occurrence was also witnessed by Balbir Singh (PW-10) and several other persons, who arrived at the spot. The injured were thereafter first taken to the hospital at Raipur Rani and then referred to the PGI, Chandigarh wherein Amar Singh succumbed to his injuries on 4.3.1998. In the meanwhile, the statement of Balbir Singh (PW-10) had been recorded at 11.30 P.M. on 28.2.1998 in the PGI, Chandigarh by ASI Jagir Singh (PW-13) and on its basis the formal FIR registered at Police Station, Raipur Rani at 2.00 A.M. on 1.3.1998 for offences punishable under Sections 323, 324, 148, 149, 506 of the Indian Penal Code. However, on the death of Amar Singh, the main offence was changed to one under Section 302 of the Code. On the completion of the investigation, the case was committed to the Court of Sessions and the charge was ultimately framed by the learned Additional Sessions Judge, Ambala on 16.12.1998. The accused pleaded not guilty and were brought to trial.

(3.) THE prosecution case was then put to the accused and their statements recorded under Sections 313 of the Code of Criminal Procedure. They denied the allegations and pleaded false implication on account of enmity. They also produced several documents in support of their plea.