Ten persons in all, Kamal Singh the appellant herein and his brothers, Randhir Singh, Attar Singh Baljeet Singh, Anees, son of Attar Singh, Ramrati wife of Kamal Singh, Maya wife of Attar Singh and Urmila wife of Baljeet Singh along with two others were brought to trial for offences punishable under Sections 148, 302, 307, 149 for the first eight persons and for the other two under Sections 420, 467, 468, 471, 120B and 200 of the IPC.
On the 10th of May, 2002 i.e., on the very next day, at about 600p.m.
Chhattar Singh and Indrawati were, however, shifted to the PGI, Rohtak whereafter Wazir Singh PW 7, lodged a report at police station Sadar, Dadri.
Urmila, Dr. Surya Prakash Singh and Ram Chander were, however, given the benefit of doubt and were acquitted of all charges levelled against them.
An appeal was thereafter taken to the High Court.
Kamal Singh, Randhir Singh, Baljeet Singh, Attar Singh, Ramrati, Mayaram, Urmila and Anil for offences punishable under Sections 148, 302, 307 read with Section 149 of the IPC and also for the offence punishable under Section CRL.A. NO.
OF 2010 SLP CRL.
Of the ten persons aforesaid, only Kamal Singh, the appellant was armed with a licensed shot gun which is the alleged murder weapon.
On the companypletion of the investigation, the accused were brought to trial.
The accused were arrested over several days and on the statement made by the appellant, the weapon of offence i.e., his licensed shot gun along with some catridges was taken into possession.
Chhattar Singh also died a short time later.
The appellant thereupon fired a shot at Phul Kumar into the left side of his chest on which he fell down and as Randhir Singh and Chhattar Singh came forward to assist Phul Kumar, the appellant again fired two shots hitting them as well.
On the 9th of May, 2002, Manti, wife of Rakesh was tethering her cattle in this plot of land when Ramrati accused hit a buffalo with a stick and also warned Manti number to tie the cattle at that place.
Kamal Singhs house was also close by.
On the companytrary, Randhir Singh, Baljeet Singh and Attar Singh raised a lalkara calling upon the appellant to sort out the other party once and for all.
The trial companyrt relying primarily on the statements of W. 7 Wazir Singh and PW 16 Indravati and PW 17 Ravinder, injured and PW 18 Umed Singh companyvicted and sentenced eight of the accused viz.,
OF 2010 SLP CRL.
3244 OF 2009 REPORTABLE also hurled brick bats and caused several injuries to the witnesses and as Maya Ram, Indrawati and Phulwati came forward to rescue the injured, the appellant again fired from his gun hitting them as well.
OF 2010 SLP CRL.
Wazir Singh, Sumer Singh, Abhimanyu son of Sumer Singh, Phul Kumar, Maya Ram and Chhatar Singh attempted to pacify him but without success.
A quarrel soon ensued but the matter was ultimately settled.
3244 OF 2009 REPORTABLE 27 of the Arms Act with respect to the appellant.
A piece of shamlat land in front of the house of Rakesh, Ramesh and Sumer Singh, was being used by the latter to tether his cattle.
They also found that Phul Kumar and Maya Ram had died of their injuries.
All the accused CRL.A. NO.
Leave granted.
As per the prosecution story, Wazir Singh, W. 7, resident of Village Khatiwas had two sons Phul CRL.A. NO.
the appellant armed with his .12 bore licensed gun along with the other accused climbed up to the roof of his house and started abusing the companyplainant party.
On hearing the sound of the gun shots a number of persons rushed to the spot on which all the accused came down from the roof and ran away.
The plea raised by the appellant that his case fell within Exception II to Section 300 was repelled for the reason that there was numberevidence to show that the companyduct of the companyplainant party had resulted in some apprehension in his mind of serious injury at their hands and the story that he had been first attacked with brick bats and lathis companyld number be believed as he had numberinjuries on his person.
3244 OF 2009 REPORTABLE Kumar deceased and Anil Kumar, whereas Sumer Singh, Rakesh and Chhatar Singh were the brothers of Wazir Singh.
