BHARTU Vs. MANSHA

JUDGEMENT

(1.) This appeal has been filed by appellants Mansha Ram, Sat Pal, Prithvi, Mewa Singh, Mohinder, Isham, Rohtash, Aman Kumar and Sultan against the judgment/Order dated 29/30.10.1996 passed by the learned Additional Sessions Judge, Kaithal vide which they were convicted and sentenced to undergo R.I. for one year each under Section 148 IPC. They were further directed to undergo imprisonment for life under Sections 302/149 and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to further undergo R.I. for six months each. However, both the sentences were ordered to run concurrently.

(2.) The complainant has also filed Criminal Revision No. 35 of 1997 for enhancement of the sentence from life to death punishment and also for enhancement of compensation. Since, both the cases have arisen out of the same judgment and order passed by learned Addl. Sessions Judge, Kaithal, those are being disposed of by this common judgment.

(3.) The prosecution story in brief is that on 25.7.1995 at about 8.30/9 a.m., Jagga Singh and Jagdish, nephews of complainant Bhartu, were going to their fields in a bullock-cart, which was being driven by Jagir Singh son of Jagga Singh. Complainant Bhartu and Jaraso wife of Jagdish were following them. When the bullock-cart reached near the fields of Nishan Singh, accused Mewa Singh son of Mansha Ram armed with Gandasi, Pala son of Mansha Ram armed with Jaili, Mohinder, Amnu sons of Mewa Singh and Isham son of Lakhpat, all armed with Bhallas, Sultan son of Lakhpat armed with Gandasi, Prithvi son of Dhan Singh armed with Gandasi and Rohtash son of Sat Pal @ Pal armed with Gandasi all of a sudden came from the side of their fields and stopped the bullock-cart. Mewa Singh abused them and raised Lalkara to cut Jagga Singh and Jagdish into pieces and to finish the dispute of Dol for ever. On this, all the eight accused started giving injuries to Jagga Singh and Jagdish Singh with their respective weapons. However, Jaraso and complainant. Bhartu could not go near the injured as the attack was pre-planned. Jagga Singh and Jagdish Singh being empty-handed could not resist and fell down from the bullock-cart due to the injuries sustained by them. Then the complainant, Jaraso and Jagir Singh raised alarm"Bachao-Bachao". But nobody was present there to help them. When the accused were sure that Jagga Singh and Jagdish Singh have died, they went away from the spot with their respective weapons. Thereafter, Bhartu left Jagir Singh beside the dead bodies of Jagdish and Jagga Singh and went to the Police Station for lodging the FIR. On his statement, FIR was registered against all the accused and investigation was started by ASI Ram Pal. The accused were apprehended on 1.8.1995.