Accused Raj Pal, Bir Singh and Chhater Pal question their companyviction and sentences imposed.
Fine of Rs.500/ with default stipulation was imposed.
The time was about 10 a.m. Appellants Raj Pal, Bir Singh, Chhatter Pal and Dharam Singh since deceased came there armed with lathis and jellies.
Bir Singh gave a jelli blow on the head of Randhir Singh.
The injured persons were taken to the hospital.
They acted in self defence of person and property.
Pirthi Singh PW 7 father of Sanjay along with Randhir Singh companysin of Sanjay came there on hearing the alarm raised by Sanjay.
Tej Pal and Mahender Singh arrived at the place of occurrence and rescued the victims from the attack of the accused persons.
They were re fixing it by applying cement.
It was their plea that the deceased with the help of some PWs was raising companystruction on the disputed plot claiming his share in the plot.
In a fit of anger, Raj Pal gave a lathi blow on the head of deceased.
After companypletion of investigation, charge sheet was filed.
The appeal filed by the accused persons was dismissed so was the appeal filed by the companyplainant for alteration of companyviction.
Fifteen witnesses were examined.
Two other accused persons, namely, Vijay Singh and Rattan Singh were released on probation for a period of two years under Section 4 of the Probation of Offenders Act, 1958 in short Probation Act in respect of their companyviction under Section 323 IPC.
P.C. As numbered above, the accused persons pleaded innocence.
Sanjay PW 6 is son of Pirthi Singh PW 7 .
Vijay Singh gave a lathi blow on the right side of the jaw of Sanjay, Rattan Singh gave jelli blow on his right thigh.
Thereafter, Rattan Singh and Vijay Singh appellants also came there armed with jelli and lathi, respectively and joined the fray.
The High Court did number accept the plea of exercise of right of private defence and also did number accept the plea that death was number intended.
The betrothal ceremony of Ajit son of deceased Sube Singh was to take place on 27.2.1990.
Deceased breathed his last on 25.2.1990 at about 8.40 p.m. at the Safdarjung Hospital.
Sanjay PW 6 intervened to rescue the deceased.
The factual background in a nutshell is as follows The appellants are sons of one Bhanwar Singh, and grandson of one Ariya alias Arimal.
They were further sentenced to undergo RI for two years and six months respectively for other two offences.
On 24.2.1990, Sanjay PW 6 went to the house of his uncle, the deceased to help him in making preparations for the occasion.
The companyplainant and party are their companylateral.
An iron gate fixed in the boundary wall of the house of Sube Singh deceased had got dislocated.
Appeal filed before the High Court was dismissed.
Bir Singh gave a jelli blow on the left leg of the deceased.
Accused Vijay Singh died on 22.5.1992.
Raj Pal gave lathi blow on the head of Pirthi Singh PW 7 Chhatter Pal gave a lathi blow on his right shoulder.
They desisted Sanjay and deceased from repairing the gate asserting that they had also a share in the property.
The appellants and Dharam Singh abused deceased.
Said Hira Singh had two more sons, namely, Suraj Bhan and Om Parkash.
In support of the appeal, learned companynsel for the appellants submitted that the Trial Court and the High Court did number take numbere of the fact that the accused persons had suffered serious injuries.
Chhatter Pal also gave a lathi blow on his head.
Bir Singh gave Jelli blow on the right wrist of Sanjay Dharam Singh gave a lathi blow on the left hip of Sanjay.
Challenge in this appeal is to the judgment of learned Single Judge of the Punjab and Haryana High Court dismissing the appeals filed by the appellants.
Deceased told them that they had numberright over the property and they had got their property in the partition.
Arimal had another son Hira Singh.
As accused persons pleaded innocence and denied the charges, trial was held.
When they objected, the deceased who wanted to grab their share assaulted the accused persons along with others.
Sube Singh hereinafter referred to as deceased and Pirthi Singh PW 7 are sons of Hira Singh.
Arising out of S.L.P. Crl.
No.5228 of 2005 ARIJIT PASAYAT, J. Leave granted.
They were sentenced to undergo RI for ten years and to pay a fine of Rs.2,000/ in default of payment of fine they were directed to undergo RI for six months for the first named offence.
The Trial Court on companysideration of the evidence on record directed the companyviction and imposed sentence as aforementioned.
The statements of the accused were recorded under Section 313 of the Code of Criminal Procedure, 1973 in short Cr.
