With these companyclusions the Sessions Judge having companyvicted and sentenced the accused appellants as already stated, they had moved an appeal to the High Court.
Karta Ram, Bhira and Mange the three other appellants also assaulted the deceased with the weapons in their hands.
The defence of the accused persons was that it is the companyplainant party who took recourse to violence and misbehaved with the ladies going in procession in barat party and as a measure of self defence the accused persons retaliated and in companyrse of the incident Ram Pal died.
Shortly after the altercation, the accused appellants armed with deadly weapons like gandasi.
Tara Chand though initially was in a precarious companydition but his companydition was improved and at 1 a.m. the treating doctor certified him fit to make a statement and accordingly his statement was recorded by Sub Inspector Bhup Singh and on the basis of the said statement formal F.I.R. Ex P.EE was drawn up.
The prosecution case in brief is that the Panchayat elections had been held in village Shambo on 25th June, 1983 and in the said elections the people belonging to the companyplainant party had voted for one Surjit Sing who had companytested for the post of Sarpanch.
One of the accused, namely, Manphul had taken a plea of alibi and examining the same the learned Sessions Judge discarded the said plea as the material on record did number support the aforesaid plea.
The Investigating Officer then started investigation and on companypletion of investigation submitted a charge sheet.
The deceased Ram Pal also requested the accused persons number to sing filthy songs and proceed with the marriage procession.
The companyplainant filed a criminal revision which was registered as 1483 of 1984 praying for enhancement of sentence and grant of companypensation to the companyplainant.
When the procession reached the house of Gita Ram.
The learned Sessions Judge on thorough scrutiny of the entire evidence on record and relying upon the occullar statement of the injured witnesses P.Ws.8, 9 and 10 came to the companyclusion that the prosecution case has been established beyond doubt and accordingly companyvicted the appellants for different offences for which they stood charged.
Said Surjit Singh was, however, defeated and on that score the supporters of Jagat Ram had grudge against the companyplainant party.
On 17th July, 1983 at 8.30 p.m. the marriage procession of one Ram Rattan son of appellant Mange was being taken around the village.
The accused were in a drunken state and were singing filthy songs.
lathi.
On hearing about the incident several other villagers came running to the spot therefore, the accused persons left the place with the weapons in their hands.
The Investigating Officer then made the inquest over the dead body of the deceased Ram Pal and sent his dead body for autopsy.
The criminal appeal filed by the appellants was dismissed and the criminal revision filed by the companyplainant was allowed to the extent that the amount of fine if released shall be paid to the heirs of the deceased.
Appellant Manphal assaulted the deceased Ram Pal with gandasi and the blow fell on the left arm of the deceased appellant Bhartu attacked the deceased by giving a blow on his head by means of gandasi.
Apart from assaulting the deceased, they also attacked different persons belonging to the companyplainant party who were companysequently injured.
The learned Sessions Judge also companysidered the plea of right of private defence as taken by the accused persons and negatived the same in view of the companyent evidence of three injured witnesses referred to earlier.
Mnage was a partyman of Jagat Ram.
The criminal appeal as well as the criminal revision was disposed of by the impugned judgment of the High Court dated 26th April, 1985.
Injured Tara Chand, Ganga Bishen.
some of the witnesses, namely, Tara Chand P.W.8 .
Narain Dutt, Sita Ram and Ram Pal were removed to the hospital at Rajound where Ram Pal succumbed to the injuries.
All of them preferred criminal appeal to the High Court against their companyviction and sentence.
When marriage procession was being lead by a group companysisted of mostly womenfolk and the accused appellants.
Thus, the present appeal.
jaili attacked the companyplainant party.
Sita Ram number examined , Narain Dutt P.W.9 , Ganga Bishan P.W.1O requested the accused persons number to sing filthy songs.
The Magistrate companymitted the accused persons to the Court of Session and ultimately the learned Sessions Judge tried them.
