The further prosecution case is that when Jeet Singh immediately tried to run away from the bus, the accused persons chased him, caught hold of him and started beating him, it is at that point of time when passengers raised a hue and cry.
The bus started moving and 3 of the accused persons Balbir Singh, Mahendra Singh and Dulah Singh came running and boarded the bus, and came away on the bus leaving the rest of the persons at the place of occurrence itself.
3, accused No.
Initially, 7 accused persons stood charged under Section 302/149, I.P.C. for having caused the murder of two persons Dalip Singh and Jeet Singh on 26.7.1975 at about 5.00 p.m. by assaulting them with different weapons in their hands.
After the bus travelled for some distance, it again stopped at a place called Morgand, and then Balbir and Mahendra got down at that place.
In the FIR, he had stated that the two persons, namely, Dalip Singh and Jeet Singh have died.
PW.1 got down from the bus at Manmad, and then went to Hanumangarh Police Station to lodge a report, which report was ultimately treated as F.I.R., and police started investigation.
On being companymitted the accused persons stood their trial, as already stated.
Then again, this FIR was lodged on 26.7.1975, and it reached the Magistrate on 29.7.1975, and numberexplanation is forthcoming as to why there has been such delay in sending the FIR to the Magistrate.
3 also died while the matter was pending in the High Court.
Two of whom had been acquitted by the learned Sessions Judge, and their acquittal was set aside by the High Court, and two others were companyvicted by the Sessions Judge, and their companyviction was upheld in appeal by the High Court.
On the basis of the said F.I.R. and on companypletion of the investigation submitted the charge sheet.
If he learnt about the companydition of the two injured persons from the Sub Inspector, it is number possible to imagine how in the FIR he companyld have indicated two of the persons have been killed.
4 threw him at a distance, and then Jagdeo Singh A 6 gave a blow on Dalip Singh with gandasa on his foot, and thereafter rest of the accused persons pounced upon him.
5, who had been acquitted by the learned Trial Judge, and whose acquittal has been set aside by the High Court, however, did number prefer any appeal to this Court, and therefore these appeals are by 4 accused persons, as already stated.
The prosecution case in nutshell, as unfolded in the First Information Report given by PW.1, is to the effect that these accused persons and the deceased belonged to two different groups and had some rivalry, and on the date of occurrence, they were all travelling in the same bus.
6 are companycerned, the learned Sessions Judge relying upon the evidence of PW.2 came to hold that they are the authors of the crime, and companyvicted them of the charges, as already stated.
Out of these companyvicted persons, accused No.
5, who boarded the bus, as soon as the bus started and came away, along with other passengers companyld number have shared the companymon object with those who assaulted the two deceased persons at the place of occurrence, and as such acquitted them of the charges leveled against them.
1 died during the pending of the appeal in the High Court, as stated to us by Mr. Prem Malhotra.
These appeals are by the 4 accused persons.
1, accused No.
2 and accused No.
But so far as accused No.
In his evidence, however, he stated after lodging the FIR while he was still at the Police Station, the Sub Inspector, PW.10 arrived at the hospital and told that one of the persons, namely, Dalip Singh had died, and other man is in the hospital.
7, and accused No.
The bus in question was stopped at a place Khare Chak when one of the passengers got down, and as soon as the said passenger got down at the bus stop, accused Jang Singh snatched the Kirpan from Jeet Singhs hand and then Balbir Singh caught hold of deceased and pushed him on the ground and thereafter rest of the accused persons got down from the bus and Balbir Singh accused No.
