At that stage, he drove back the tractor towards plot of one person named Dhillon but the tractor got entrapped in a ditch.
According to him the injuries were caused by the fire arm except injury No.3 which was an abrasion.
For the said land, there was a transaction with Saroop Nagar Housing Society through Mohinder Yadav.
His identity was mentioned in the FIR as moohbola brother of Ram Adhar Pehalwan and whose ears have been damaged.
He was number injured because he hid himself behind the tractor.
Both specifically denied the defence version that they alongwith their brothers started demolishing the wall of Gurudwara.
For the offence punishable under Section 307 read with Section 34 IPC, the companyrt imposed a sentence of four years and a fine of Rs.100/ and for the offence punishable under Section 341 read with Section 34 IPC fine of Rs.100/ was imposed.
Hence, there was numberreason to disbelieve the evidence of injured two eye witnesses and PW4 Vikram Singh with regard to presence of the accused at the scene of offence.
So, all the brothers came down of the tractor and at that time Ram Chander wrestler brother of Pehalwan Ram Adhar fired a shot from his gun, as a result Virender Singh fell down and died on the spot.
They were apprehended on the spot while they were trying to run away after companymitting the crime.
All the appeals were heard together and were disposed by a companymon judgment and order.
Against that judgment, Ambika Prasad and Krishanpal filed Criminal Appeal No.45 of 1992, Ram Chander filed Criminal Appeal No.49 of 1992 and Rajinder Singh filed Criminal Appeal No.50 of 1992 before the High Court of Delhi.
At that time, wrestler fired at him but he escaped and ran away.
All the witnesses namely PW4, PW5, PW7 have identified him, and there was numberreason for them to falsely implicate him.
He was number going out of his house and was staying with his in laws and moving stealthily.
As against this, accused were armed with deadly weapons namely fire arm, jaili, ballam spear and lathis.
Ram Adhar in a loud voice gave a lalkara that numberody should be spared and their dead bodies should be laid so that there may number be quarrel again.
For the assault on the companyplainant party and injury caused to the deceased Virender Singh as well as injured witnesses, FIR was lodged by Vikram Singh PW4 on 30.06.1982 at 12.40 p.m. It was stated that they were owners of 24 bighas and some biswas of land towards East of G.T. road by the side of village Libaspur.
Anirudh PW7 was also beaten by lathi.
This plea is also rightly rejected by both the companyrts.
In his cross examination he admitted that he had number told about the presence of accused Ram Chander in Akhara at the relevant time to SHO or the investigating officer.
They have deposed before the companyrt that Ram Chander was having a gun in his hand, Rajinder was having a ballam and accused Ambika Prasad was having a lathi and other accused were also having lathis.
Deceased Virender Singh was the son of elder brother of Pratap Singh.
Rajinder gave a blow of ballam on the face of PW5 Karan Singh, and accused Ram Adhar and Ambika Prasad assaulted Karan Singh by jaili and lathi.
Since these appeals arise out of companymon judgment and order and from the same sessions trial, they are disposed of by this companymon judgment and order.
It was decided that on the receipt of entire companysideration the possession of the land would be handed over to the vendees.
He has also admitted that practice hours were from 5.00 a.m. to 8.00 a.m. The trial companyrt, therefore, held that as duty hours were from 5.00 a.m. to 8.00 a.m. and as the incident had taken place at about 10.15 a.m. there was sufficient time for accused to be present at the place of incident.
It was further stated that at about 10 a.m., when Karan Singh, Anirudh, Virender Singh were returning after ploughing the land by their tractor, Ambika Prasad alongwith his companypanion Rajinder Diarywala, Ram Adhar Pehalwan and his so called adopted brother subsequently identified as Ram Chander , whose both ears were damaged and who was known to the informant came there by the side of house of Ambika Prasad alongwith 4 to 5 other persons.
This companytention requires to be rejected because the eye witnesses were knowing him Ram Chander and was a known wrestler, working in the police department.
Two injured witnesses and two accused who were apprehended on the spot, were taken to Hindu Rao Hospital, Delhi by SI Prithipal Singh of Police Control Room between 12.05 p.m. and 12.10 p.m. Thereafter, FIR was recorded at about 12.40 p.m. In the present case, injuries to the prosecution witnesses Karan Singh and Anirudh Singh are proved by examining PW1 Dr. Joginder Mittal of Hindu Rao Hospital.
He raised alarm for help and on hearing the alarm, Prem Singh PW8 and Rattan Singh PW10 alongwith other persons arrived at the spot.
It is stated that assault took place at about 10.15 a.m. and the police reached there soon after the occurrence.
As the Society started companystructing houses, they filed suit and obtained stay order which was in operation till date.
Injuries to the accused are abrasions and bruises.
PW2 Dr. P.K. Sakondia of the said hospital also examined accused Ambika Prasad and Krishanpal Singh and has proved injuries suffered by them.
Rajinder was holding a ballam Spear , Ambika Prasad was having a lathi, Ram Adhar was equipped with jaili rake and his so called adopted brother was armed with gun whereas other persons were holding lathis.
He has further stated that with the help of these persons accused Ambika Prasad and Krishanpal were overpowered and during the scuffle they sustained injuries.
His plea is supported by the defence witness DW5 HC Mangat Ram.
It is the prosecution version that Pratap Singh is the owner of the disputed land in village Libaspur.
Both the witnesses have narrated the entire prosecution version.
Further, the prosecution witnesses PW20 Suraj Bhan and PW31 SI Kulwant Rai have resiled from their earlier statements and have number supported the prosecution.
That judgment and order is challenged by Ambika Prasad and Krishanpal by filing Criminal Appeal No.1152/97, by Ram Chander by filing Criminal Appeal No.1153/97 and by Rajinder Singh by filing Criminal Appeal No.1154/97.
Injuries caused to the companyplainant party were more serious while minor injuries were caused to accused Ambika Prasad and Krishanpal as deposed by PW2 Dr. P.K. Sakondia.
According to the doctor, the injuries were sufficient in the ordinary companyrse of nature to cause death.
Accused Rajinder inflicted ballam blow and Ram Adhar inflicted jaili blow on Karan Singh.
PW3 Dr. L.T. Ramani companyducted postmortem examination of Virender Singh on 30.06.1982 at about 3.00 p.m. and recovered 43 pellets from his body.
As sale companysideration was number paid, they were in possession of the said land.
Ram Adhar also inflicted jaili blow on Anirudh Singh.
Further PW4 who had resiled from his earlier statement because of the fear adhered to his version that all the accused were known to him and came there on the spot.
It is also stated by them that Ram Chander fired a shot from his gun which hit Virender Singhs chest and as a result Virender Singh fell on the spot and died.
Shah,J. These appeals are filed against the judgment and order dated 21.3.1997 passed by the High Court of Delhi dismissing Criminal Appeals No.45/92, 49/92 and 50/92 filed by the present appellants, which arise out of companymon judgment and order dated 24.03.1992 passed by the Addl.
He has also stated that Ambika Prasad and Krishanpal were apprehended on the spot.
