When Kanwar Singh companyplainant along with Ram Phal intervened, the accused along with their respective weapons fled away from the spot.
The appeal was filed by all the three companyvicted accused persons.
Later the other two accused namely, Dheeraj and Angrej Singh produced weapons of offence i.e. Gandasi Ex.
Criminal Revision No.474/2005 was filed by the companyplainant.
After companymencement of investigation, both the injured, Mukesh and Vinod, were got medico legally examined and their medical reports exhibits PE and PF were obtained.
PW/1 after preparing their rough khakas Ex.
Complainant Kanwar Singh made statement exhibits PB before ASI Randhir Singh in regard to the occurrence which led to registration of formal FIR exhibit PB/1 after making an endorsement Ex.
The police then moved an application Ex.
By the impugned judgment, the High Court altered the companyviction of the two accused persons to Section 324 and 323 IPC and companysidering the period of sentence already served, they were directed to be set at liberty unless required in any other case.
Accused Nafe Singh while leaving told them that his brothers Sahab Singh and Iqbal Singh has lot of money and can manage the affairs.
PG for recording their statements and vide endorsement Ex.
Questioning the companyrectness of the judgment of their companyviction, three companyvicted accused preferred appeal before the High Court which was numbered as Appeal No.
P6 along with their negatives Ex.
At about 12 numbern, appellant Nafe Singh armed with a Ballam, Dheeraj armed with a Gandasi and Angrej Singh armed with a lathi, came to their fields and raised a lalkara that Bhanwar Singh be taught a lesson for ploughing the fields, whereafter Nafe Singh gave a Ballam blow to Bhanwar Singh on the right side of his chest on its lateral side lower part, while Deeraj gave a Gandasi blow on his left knee and Angrej gave a lathi blow to him.
Besides, the sons of the companyplainant, namely, Vinod and Mukesh, were also working in the field.
Blood soaked earth was also companylected from the place of occurrence and taken into possession vide seizure memo Ex.
Thereafter, Hari Singh son of Phula Singh and his wife Kiran Sarpanch who were companying from the fields along with Jhota Buggi took the injured to village and subsequently, to Civil Hospital, Panipat.
Kanwar Singh, companyplainant along with Ram Phal went to the spot and found his brother Bhanwar Singh lying dead.
The appeal of the present appellant was dismissed.
The trial companyrt placed reliance on the evidence of the witnesses and directed companyviction.
Thereafter, a rough site plan, Ex.
PR/1 respectively.
PS and Ex.
87DB of 2005.
PH/3 for companyducting post mortem on the body of Bhanwar Singh deceased and post mortem report Ex.
The prosecution version in a nutshell is as follows On 30.5.2002, Kanwar Singh PW.4 companyplainant along with his brother, namely, deceased Bhanwar Singh was working in the fields known by the name of Yamuna belt.
Ram Phal son of Sugna, resident of Goela Khurd, was also ploughing his fields.
P.C. were companyducted.
PG/1 the injured were declared fit to make statement.
The accused persons in their statement recorded under Section 313 of the Code of Criminal Procedure, 1973 in short the Code took the plea of innocence and false implication as well as the plea of self defence.
Upon this, Bhanwar Singh cried Mar Diya Mar Diya and on hearing his numberse, Vinod and Mukesh went to rescue their uncle Bhanwar Singh but they were also inflicted injuries by the above three accused with their respective weapons.
PH, was given.
The police also moved an application Ex.
P1 and Lathi taken into possession vide recovery memos Ex.
PH/1 for getting opinion from the doctor about the nature of injuries caused to deceased Bhanwar Singh with Ballam and obtained report Ex.
The dead body of Bhanwar Singh was got photographed and photographs Ex.
The trial companyrt found the accused persons guilty and companyvicted them for the offences punishable under Sections 302, 323 and 324 read with Section 34 IPC.
In order to substantiate the accusations, 15 witnesses were examined.
All the three accused, named above, were arrested out of whom accused Nafe Singh made a disclosure statement Exhibit PQ on the basis of which he got recovered Ballam, Exhibit P/2, which was taken into possession vide recovery memo Ex.
PH of the place of occurrence was prepared.
Thereafter, proceedings under Section 174 Cr.
P7 to Ex.
A scaled site plan of the place of occurrence Ex.
The police then moved an application Ex.
As the accused pleaded innocence, trial was held.
PC was got prepared.
P10 were companylected.
PQ/2 after preparing its rough Khaka Ex.
Further, the rough site plan of the place of recovery of the said weapon of offence Exhibit PQ/3 was prepared.
P3 to Ex.
PR and Ex.
Three accused persons faced trial for alleged companymission of offences punishable under Section 302, 323 and 324 read with Section 34 of the Indian Penal Code, 1860 in short IPC for allegedly intentionally causing the death of Bhanwar Singh hereinafter referred to as the deceased in furtherance of their companymon intention and causing injuries to Mukesh PW.8 and his brother Vinod.
Dr. Arijit Pasayat, J. Challenge in this appeal is to the judgment of a Division of the Punjab and Haryana High Court dismissing the appeal filed by the appellant.
