Out of the fine when realised, Rs.
The case of prosecution is that Hari Kishan started under selling his goods which caused annoyance to Gurcharan Singh and Ram Singh.
Pushpa Ram were dismissed.
The other injuries were caused by blunt, weapons.
When the deceased was admitted to the Faridabad Hospital, Gorakh Nath, Assistant Sub Inspector, Police P.W. 17 was present there in companynection with some other case but being informed by the hospital authorities that deceased and Lal Chand were injured, he wanted to record their statements but the Doctor certified that they were number in a position to make any statements The Sub Inspector, however, recorded the statement of Kewal Krishan P.W. 5 who had accompanied the injured to the hospital.
Gurcharan Singh, A 1 and Ram Singh, A 2 are brothers.
A 5 Sucha Singh is said to be a friend of A 1 and A 2.
This factory was started in a portion of the premises belonging to Notan Das D.W. 5.
Dr. E. Ali, P.W. 4 who examined the deceased on his being admitted in the hospital at Safdarjang shows that there were as many as 18 injuries of which injuries 5 to 8, 11 to 14, 16 to 18 in all 11 injuries, were incised wounds.
Kewal Krishan began to shout and this attracted Swarup Singh P.W. 6.
A 1 Gurcharan was the first to give a knife blow in the back of Hari Krishan saying that he was going to teach him a lesson for under selling the rubber goods.
A similar rubber factory was owned by Kewal Krishan P.W. 5 and Swarup Singh.
The accused also appealed to the High Court while Smt.
The High Court allowed the State appeal set aside the acquittal of the appellants under the charge of murder and companyvicted them under Section 302 read with 149 IPC for having companymitted the murder of Hari Kishan in the prosecution of their companymon object as members of the unlawful assembly.
At that time the five accused rushed into the factory where the deceased was and attacked him.
A 1 Gurcharan Singh, A 2 Ram Singh and A 4 Surender Kumar had knives.
Each of the accused was sentenced to imprisonment for life under this companynt and a fine of Rs.
The Sessions Judge after companysidering the evidence of the prosecution and defence companyvicted all the above accused who were held to have formed themselves into an unlawful assembly with the companymon object of only causing grievous injuries to the deceased.
The brother in law of the deceased and Lal Chand P.W. 7 who were present there tried to intervene but Lalchand was given knife blows by Ram Singh while Bhagwani gave hockey blows to Kewal Krishan P.W. 5.
Sucha Singh A 5 had a kassi Phawda and Bhagwani A 3 had a hockey stick.
Hari Kishan and Lal Chand both were immediately removed in the car of Harbhajnn Singh to B.K. Hospital, Faridabad, where they were admitted at 10.45 P.M. The deceased was removed the next day to Safdarjang Hospital where he died on the 2nd of April, 1968.
About two months prior to the incident, the deceased who is a resident of Jullundur started a similar rubber factory at Faridabad where Chappal straps were being manufactured under the name and style of Hari Rubber Factory.
In view of this finding, he acquitted all of them under Section 302/149 IPC and companyvicted them under Sections 148, 326/149, 324/149, 323/149 and 455/149 IPC.
After this all appellants attacked the deceased with their respective weapons and companytinued beating him even after he had fallen on the ground.
The criminal appeals filed by the accused as well as the petition filed by Smt.
The accused filed Special Leave Petition but this Court granted Leave to Appeal limited only to the question as to whether the High Court was justified in allowing the appeal and companyverting the appeal under Section 302 read with 149.
Hari Ram also intervened and started shouting when Bhagwani gave Kewal Krishan one or two hockey stick blows.
It had also held that it was number known as to who caused the injury individually which was sufficient to prove fatal.
It is evident even on a cursory glance of the medical evidence what the companymon object of the appellants companyld have been.
They are the owners of a rubber factory at Faridabad known as Sandeep Rubber Factory while Bhagwani, A 3 and Surinder Kumar, A 4 are the employees in that factory.
As the Special Leave is only limited to the legality of the companyviction and number in respect of the findings of fact, we companyld number allow the learned advocate to go into the evidence and urge that the findings of the High Court were number justified.
Thereafter, the appellants made good their escape along with their weapons.
On the 22nd March, 1968, at about 10 45 P.M. when Hari Kishan sat down to have his meals, Hari Ram a servant of the factory was with him, while Kewal Krishan was standing near the partition wall of his factory talking to the deceased through the window.
2000/ was to be paid to the widow of the deceased by way of companypensation.
Pushpa Ram, the widow of the deceased filed a revision petition for enhancement of the sentence awarded to the accused under Section 326/149 IPC from five years rigorous imprisonment to imprisonment for life.
The State appealed against the acquittal under Section 302/149.
On these respective companynts, he sentenced all of them to rigorous imprisonment to one year, five years and on the remaining three to one year each.
Between the factory of Hari Kishan and that of Kewal Krishan, there was a companymon wall with a window through which one companyld go from one factory to the other.
Jaganmohan Reddy, J. Five accused were tried for offences under Section 148, 302/149, 323/149 324/149 and 455/149, Indian Penal Code in respect of an attack on one Hari Kishen which resulted in his death.
It may be stated that Hari Ram, the servant of the deceased, was given up by the prosecution and was number examined at the trial because it was alleged that he was won over by the accused.
