The High Court companypared the injuries suffered by the deceased and also by the accused.
Three brothers, Balbir Singh, Bhagat Singh and Raja Ram were murdered on April 23, 1976 at about 3 4 P.M. The prosecution story was that Hari Singh, PW 4 and his brothers, Balbir singh and Bhagat Singh along with Raja Ram were working in their fields on that fateful day.
He found 12 injuries.
Patauri raised alaram.
At that time, their buffalo chanced to have trespassed into the fields of Bhagat Ram Bhagatu, son of Rulia Ram.
Patauri, PW 5 furnished their own version of the incident being eye witnesses.
He said that we people had removed the wheat bhaar.
Jagnnath gave two gandasi blows on his head on receipt of which the latter fell down and thereafter Amar Nath gave lathis blows on his back and neck.
Surinder Singh and Smt.
Ram Naresh, Ram Autar, Jai Narain and Rameshwar Dass surrounded Bharat Singh and they started causing injuries to him with their lathis.
The post mortem of the dead body of Bhagat Singh was companyducted by Dr. J.K. Jain, PW 10.
On this assurance being given, the said three persons went away.
On hearing her alarm, one Surinder Singh, son of Kala Ram also came there.
The wheat crop had been entirely cut.
Amar Nath also gave lathi blows to him.
I refused to accompany him.
Balbir Singh brother of the companyplainant asked them number to do so.
He started calling bad names to me.
It is stated that Amar nath gave lalkara that the informant may also be caught and then the latter ran away to save his life.
On this Bhagtu and his brother Jai Narain accompanied by Raja Ram came to the fields of the deceased to make a companyplaint.
Hari Singh, PW 4 and Mst.
When they Were at a distance of half a killa or 3/4th of killa from me I started running away out of fear.
Injury No.3 Was crushing on the left back of the head.
Both of us exchanged abuses.
When Lajja Ram tried to intervene to save Balbir Singh, then on the lalkara of Amar Nath, Baij Nath, Purshotam Das, Raja Ram and Bhagat Ram gave some lathi blows on his head and face.
The leg of my brother Bhagat Ram was fractured.
The prosecution examined in all witnesses.
The accused took Balbir Singh towards their fields and started beating him.
The prosecution story further went on to state that after about one hour of the said incident number only the three persons mentioned above but the remaining accused persons also came and stayed on the doul of the field of these persons.
They fell down, we also fell down.
Patauri P.W. 5 , mother of Balbir Singh also started running raising a raula Bachao, Bachao.
Ram Autar also received injuries.
Balbir Singh came to me.
Bhagat Ram picked up the khalwa of a Gaddi.
The autopsy on the dead body of Balbir Singh was companyducted by Dr. S.L. Chhabra, P.W.I. He has found five injuries.
Bharat Singh succumbed to his injuries.
Balbir Singh died there and then.
As a result of injuries, Lajja Ram also died there and then.
He asked me to accompany him to his fields saying that I should have a look at his fields.
I also called bad names to him.
Lajja Ram and Bhagat Singh deceased started running towards the accused in order to rescue their brother Balbir Singh.
That is how the ladai took place.
Challenging the decision of the High Court, both the State and the informant have appealed to this Court with leave.
In order to save ourselves and our, lives we also started to beat them well khocb marney lage .
They started raising lalkars and calling bad names.
I picked up a bamboo stick which was lying there.
Sub Inspector, Beant Singh PW 9 started investigation and later on arrested the accused.
This information was given to the Police Station, Butane by Hari Singh, PW 4 , younger brother of the deceased.
After a short while Bharat Singh, Lajja Ram and Balbir Singh armed with lathis came towards me.
When Bharat Singh fell down, Bhagat Ram son of Sardha Ram and Jagan Nath gave injuries to him with kulhari and gandasi.
I said that we had number removed the wheat bhaar.
I also received many injuries.
My brother Bhagat Ram, my son Ram Autar and my nephew Ram Naresh were working near the tubewell of Mangal and therefore I started running at a fast speed but they also came and started showering lathi blows on me My brother Bhagat Rain and son Rain Autar came to rescue me but lathis were showered on them aiso.
Bhagat Ram was stated to have been armed with kulhari axe , Jagan Nath armed with a gandasi and the remaining persons were carrying lathis.
Jai Narain gave his own version as under I was working in the pair in my field.
It was a little after dopehar.
When the accused were examined under Section 313 of the CrPC, they denied the prosecution allegation.
Jagannatha Shetty, J. These appeals are directed against the judgment dated September 17, 1979 of the High Court of Punjab Haryana acquitting all the accused by setting aside the companyviction and sentence under Section 302 read with Sections 149 and 148 of the Indian Penal Code.
Bhagat Ram gave a kulhari blow on the head of Balbir Singh while he was being dragged to the field of one Mangal.
The autopsy of Raja Ram was companyducted by Dr. Subita Anjwai, PW 11, who found 13 injuries.
Some of them were incised and perforated.
