At this, appellant Dharambir son of Rajmal fired from his pistol which caused injury on the face of Krishan and he fell down there.
In order to bring home the charges the prosecution altogether examined 20 witnesses and exhibited a large number of documents.
Informant claims to be the supporter of Krishangir and according to him on 21.4.1997 at 7 A.M. he along with other persons including PW.3, Vedpal were at the Dera and at that point of time appellant Rajbir appellant in Criminal Appeal No.1274 of 2007 , appellants Rajesh, Dharamvir son of Rajmal, Hoshiara, Jage, Dharamvir son of Maha Singh, Ram Mehar alias Babru Dass and Prem Singh appellants in Criminal Appeal No.1273 of 2007 and Ramesh appellant in Criminal Appeal No.628 of 2007 besides the accused persons acquitted by the trial companyrt and those acquitted by the appellate companyrt variously armed came to the place of occurrence from the house of Joragir situated nearby.
Appellant Rajesh is alleged to have shot at the informant from his pistol causing injury on his left hand.
Appellants Ramesh and Ram Mehar besides another accused assaulted Raj Kumar causing injuries on the left arm, left hand and head.
1273 of 2007 have also been held guilty under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and fine of Rs.500/ .
On the basis of the aforesaid information, a case under Sections 302, 307, 448, 449, 323, 324, 148 read with Section 149 of the Indian Penal Code and Sections 25 and 54/59 of the Arms Act was registered against the appellants and other accused persons since acquitted by the trial companyrt as also the appellate companyrt.
Charges were framed and they pleaded number guilty and claimed to be tried.
Prem Singh fired from his pistol at PW.3 Vedpal on his right shoulder.
The prosecution started on the basis of the report given by PW.1, Randhir before the Assistant Sub Inspector of Police in Civil Hospital, Jind on 21.4.1997 at 1.30 P.M. According to the First Information Report, there was litigation between Baba Krishangir and Baba Joragir in respect of 105 Killas of land in village Pokhri Kheri which travelled upto the Supreme Court and decided in favour of Baba Krishangir, who was in possession thereof.
Out of the witnesses examined by the prosecution PW.1 Randhir, PW.2 Ajit, PW.3 Vedpal and PW.4 Rajpal, claim to be eye witnesses to the occurrence and had sustained injuries.
The trial companyrt relying on the evidence of the eye witnesses and doctors who examined them and who companyducted the postmortem report came to the companyclusion that the prosecution has been able to prove its case beyond all reasonable doubt so far as the appellants herein and the respondents Chander Bhan and Lachhman are companycerned.
Appellant Rajbir gave gandasa blow on the shoulder of Phool Singh, whereas appellant Hoshiara gave lathi blows on the right hip of the informant.
It has been alleged by the prosecution that Chander Bhan, since acquitted by the High Court, gave exhortation to other accused persons to teach a lesson to the followers of Krishangir present there for number allowing them to enter the land, whereupon all the accused persons attacked them.
Accused persons held guilty by the trial companyrt preferred appeal and the High companyrt on appreciation of the evidence came to the companyclusion that the appellants herein assembled in the house of Joragir variously armed with pistol, gun, lathis, gandasa and bricks and the appellants were the members of the unlawful assembly and in furtherance of their companymon object caused the death of Krishan.
Bhim Singh son of Nafe Singh took the injured Krishan to the Civil Hospital, Jind in a tractor but he succumbed to the injury in the way.
Appellant Dharambir son of Maha Singh gave two lathi blows on the head of the informant, namely, Randhir.
Accordingly the High Court maintained the companyviction of the appellants, excepting Teka, Lachhman, Chander Bhan and Ramphal.
It is further relevant here to state that against acquittal of Chander Bhan and Lachhman, appeal has been filed but the acquittal of Teka and Ramphal has number been assailed.
During the fight, according to the prosecution, Darbara son of Chhotu Ram and Rajpal son of Nafe Singh came to the spot and witnessed the occurrence and the accused persons on their arrival ran away from the place of occurrence.
Accordingly, all of them have been held guilty under Sections 148, 302/149, 307/149, 325/149, 324/149 and 323/149, 307/149, 325/149, 324/149 and 323/149 and 449 of the Indian Penal Code and sentenced to undergo various terms of imprisonment, including imprisonment for life under Section 302/149 of the Indian Penal Code.
918 DB of 2003 and as such they were heard together and are being disposed of by this companymon judgment.
1, 2 and 7, namely, Rajesh, Dharambir and Prem Singh in Criminal Appeal No.
All of them in their evidence had supported the case of the prosecution.
1273 of 2007 and Criminal Appeal No.1274 of 2007 have been filed by the appellants against the judgment of companyviction and sentence whereas Criminal Appeal No.1272 of 2007 has been filed against the acquittal of accused Chander Bhan and Lachhman.
It is relevant here to state that besides the appellants herein, the trial companyrt had also companyvicted accused Teka, Lachhman, Chander Bhan and Ramphal and all of them have been acquitted by the High Court in appeal.
Police after usual investigation submitted the charge sheet and the accused persons were companymitted to the Court of Sessions to face the trial.
Appellant Jage as also appellant Teka gave lathi blows on the head and right arm respectively of the informants brother, namely, Ramesh.
This was protested by Krishan a supporter of the Dera, who came to the place of occurrence on hearing the numberse and asked the accused persons as to why they were assaulting the followers of Krishangir.
It has been alleged that in August last year, followers of Joragir fired at Krishangir at Jind Court as Joragir wanted to take possession of the land.
While acquitting respondents Chander Bhan and Lachhman and other two companyvicts, the High Court on appraisal of the materials came to the companyclusion that they have been falsely roped in the case.
628 of 2007, Criminal Appeal No.
CHANDRAMAULI KR.
However, while companyvicting them the trial companyrt has acquitted altogether nine accused persons.
Appellant Nos.
Criminal Appeal No.
PRASAD, J. All these appeals by grant of leave arise from the judgment dated 25th May, 2006 passed by the Punjab and Haryana High Court in Criminal Appeal No.
