302/149 and 34 and 148, Penal Code and on the capital charge sentenced to imprisonment for life, each.
The occurrence was witnessed by Smt.
Dr. Rai Gupta who companyducted the autopsy, testified that there were eight injuries in all on the dead body of Ram Dia, out of which, six were punctured wounds.
129 6/2 to the accused, Ram Lal and Har Lal.
On October 4, 1971, the Assistant Collector made an order that, in implementation of the order of the Director of Consolidation, the land be demarcated at the spot and possession delivered to the allottees.
Puran and Ram Lal were armed with Suas iron spiked sticks , Dhanna with a Gandasa, and Har Lal, Mukhtiara and Chawla with lathis.
They instituted a suit in the Civil Court at Kaithal and obtained an ex parte interim injunction restraining the accused from taking possession of the land.
The High Court dismissed this petition on July 14, 1971 and upheld the order of the Director.
Appeal by Special leave from the judgment and order dated the 13th November, 1972 of the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No.
The appellants had the order of Additional Director of Consolidation in their favour in respect of the land in dispute.
On appeal, the High Court companymuted the death sentence of Puran to one of imprisonment for life on the ground that it was number known as to which of the three fatal injuries to Ram Dia had been caused by Puran.
He delivered actual possession of the other fields, companyprised in the allotment, which were number under crops, including Khasra No.
On reaching the spot, Har Lal exhorted his companypanions to kill the deceased.
After the assault, the accused ran away taking their weapons with them.
Mali, Nasib Singh and Shadi who had run to a safe distance and stood there.
On November 11, 1971, Ram Dia, Dal Singh and Ran Singh deceased went to the fields with their ploughs.
The companyviction of Ram Lal, Har Lal and Dhanna under ss.302/149 was also maintained.
thereupon, Dhanna and Mukhtiara assaulted him with their respective weapons.
The remaining accused were also companyvicted under ss.
It is iniury 8 which was attributed by the witnesses to Chawla, appellant.
In cross examination in the Committal Court, she said that injuries 1, 2 and 4.
Dal Singh started reaping chari crop, Ran Singh started ploughing, the field, while Ram Dia went on a round of the field.
226 of the Constitution for bringing up and quashing the order of the Director.
This injunction was served on Ram Lal accused on November 5, 1971.
Bishna died and the deceased succeeded him.
It companyfirmed the death sentences of Chawla and Mukhtiara, for companymitting the murders of Ram Dia, and Ran Singh, respectively.
Ram Dia died at the spot Dal Singh succumbed to his injuries after his admission in the Civil Hospital Kaithal, while Ran Singh expired in Medical College Hospital, Rohtak on November 13, 1971.
Aggrieved, the deceased persons moved the High Court under Art.
This plot was allotted by the Consolidation Officer to Bishna but in revision, the Additional Director, Consolidation on May 4, 1968, set aside the Order of the Consolidation Officer and allotted it to Ram Lal and Har Lal, accused.
Thereupon, Chawla, Puran and Ram Lal gave blows with their respective weapons to Ram Dia, Ran Singh came to the rescue of his brother.
Dal Singh interceded but all the six accused belaboured him.
in the examination in chief, the Doctor did number say that this injury was by itself, fatal.
493 of 72 and Murder Reference No.
The Sessions Judge companyvicted and sentenced Chawla, Puran and Mukhtiara accused to death under s.302/34, Penal Code.
A companyviction under s.148, Penal Code with a sentence of one years imprisonment each was also recorded.
also, she took up a different position at the trial and said that injury 8 might have been caused with a lathi.
It was further directed that the land be mutated in favour of the allottees.
At about 11 a.m., all the six accused, in a body reached the field.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
109 of 1973.
The deceased persons, however, did number submit to this symbolical and actual delivery of possession.
21 of 1972.
The Judgment of the Court was delivered by SARKARIA J. The facts giving rise to this appeal by special leave are as under Jagga had three sons Bishna, Ram Lal and Har Lal.
C. Mahajan and R. N. Sachthey, for the respondent.
Ram Dia, Dal Singh and Ram Singh deceased were the sons of Bishna.
129/7, 129 17/1, 129/14, 129/16 as those fields were under crop.
On October 5, 1971, the Kanungo, in companypliance with the Assistant Collectors order, demarcated the land at the spot and delivered symbolical possession of Kila Nos.
Special Leave in this case was granted only with regard to the capital sentence inflicted on Chawla and Mukhtiara, appellants.
S. Das Bahl, for the appellants.
During companysolidation operations in their village, Deora, dispute arose between Ram Lal and Har Lal on one side and Bishna on the other, over the allotment of a plot, measuring 4 1/4 acres.
Ram Lal and his sons, Chawla and Dhanna, Har Lal, his son, Puran, and Har Lals grandson, Mukhtiara, are the accused in this case.
He further companyvicted them under s.302/149 on three companynts and sentenced them each to imprisonment for life.
