Dr. B.L. Batra examined Attar Singh, Mehtab Singh and Kabul Singh P.Ws.
The seven companyvicted accused have number companye up in appeal to this Court by special leave.
The version of the occurrence on behalf of Mange Ram and Tej Singh was given by Mange Ram in the following words Mam Kaur had sold a gher to Attar Singe etc.
Tej Singh and I were working Attar Singh, Mehtab Singh, Qabul Singh, Dharam Singh and Ramsingh PWs came there.
For the offence under Section 326 read with Section 149 I.P.C., each of these seven accused was sentenced to undergo rigorous imprisonment for a period of 18 months, while for the offence under Section 148 IPC each of them was sentenced to undergo rigorous imprisonment for a period of six months.
Attar Singh P.W. used to reside with Mam Kaur and cultivate her land.
Dharam Singh, who did number receive any serious injury, ran away from the spot towards the nearby village Kutani, and was chased by Tej Singh, Krishan and Shubh Ram accused Bhanwar Singh P.W. 9 and Sri Chand P.W. 10 who are the Sarpanch and member respectively of the Gram Panchayat of Kutani were asked by Dharam Singh to rescue him.
Manage Ram also companyplained of pain in left chest and right forearm.
The trial companyrt rejected the evidence of the eye witnesses on the ground of their being related to each other.
The version of the occurrence as given by Mange Ram, in our opinion, is number worthy of credence and has been rightly rejected by the High Court.
Balwant Singh was armed with a ballam, while Pehlad Singh, Mukhtiar and Mange Ram were armed with jellis.
The appeal against the other seven accused was accepted, their acquittal was set aside and they were companyvicted under Section 148 and Sections 326 read with Section 149 Indian Penal Code.
Possession of that land was thereafter delivered to Mange Ram accused.
The remaining injuries had been caused by blunt weapon.
The trial companyrt also referred to the discrepancy in the prosecution evidence on the point as to whether there were some persons ploughing nearby field.
Attar Singh was found to have 22 injuries, out of which the following two injuries were grievous.
On March 20, 1965 Mam Kaur executed a will in respect of her remaining property companysisting of land and house in favour of Attar Singh P.W. The will was also got registered by Mam Kaur.
Their brother Kapur Singh and companysin Dharam Singh were busy removing weeds from the same field.
Mange Ram was found to have injury on his gums and a companytusion on his right leg.
The circumstances of the case indicate that the injuries which were caused to Mehtab Singh, Attar Singh and Kabul Singh were in prosecution of the companymon object of all the accused appellants to cause grievous injuries.According to them, they were number present at the scene of occurrence.
In the process some of the accused got injured.
The sentences were ordered to run companycurrently.
Tej Singh, Shubh Ram and Krishan accused were produced before the Sub Inspector and were put under arrest.
Out of them six injuries Were grievous.
If the injured prosecution witnesses accompanied by Dharam Singh and Ram Singh had attacked Mange Ram and Tej Singh as stated by Mange Ram, it is difficult to believe that Mange Ram and Tej Singh would escape with only three visible injuries, while as many as 56 injuries would be caused to the companyplainant party.
The accused, other than Mange Ram and Tejsingh denied the prosecution allegations.
His left lower canine tooth was found to be removed from its socket.
Incised wound 1 x 1/2 on the right leg 4 1/2 above the right ankle inner malleolus.
Two of the injuries of Attar Singh, including the injury on the right ankle inner malleolus had been caused by sharp edged weapon.
One of the injuries of Mehtab Singh had been caused by sharp edged weapon, while two of the punctured wounds, one on the left elbow and the other on the back of left arm two inches above the elbow, had been caused by sharp pointed weapon.
Mehtab Singh Was found to have 23 injuries, out of which one injury, which had resulted in the fracture of the left ulna bone, was grievous, while the remaining injuries were simple.
The accused also stated at that time that they would teach a lesson to Mehtabsingh his brothers for having secured transfer to Mam Kaurs land in their favour.
On the morning of June 6, 1965, it is stated, Attar Sineh and Mehtab Singh P.Ws.
Mari P.W. 15 , wife of Attar Singh P.W. as well as by one Jage.
Bhanwar Singh and Sri Chand stopped Tej Singh, Krishan and Shubh Ram accused and took them into custody.
Dharam Singh had two simple injuries companysisting of companytusions on his person.
30 p.m. The place of occurrence is at a distance of about 13 miles from police station Jhajjar.
The remaining 20 injuries were simple.
Dharamsingh was number examined as he was stated to have joined the army, while Tejsingh was given up by the public prosecutor on the ground of having been won over.
The medical evidence shows that as many as 56 injuries were found on the persons of Mehtab Singh, Attar Singh, Kabul Singh and Dharam Singh.
The case of the prosecution further is that Sub Inspector Gurmej Singh P.W. 17 , on hearing about some fight, went to the place of occurrence, and recorded there the statement of Attar Singh at about 2.
Mehtab Singh and Attar Singh had small dandas in their hands and they wielded those dandas to ward off blows aimed at them.
The prosecution case is that the accused are companylaterals of Hari Singh, husband of Man Kaur.
Writing PAH about the apprehension of Tej Singh, Krishan and Shubh Ram accused by Bhanwar Singh and Sri Chand P.Ws.
The eight accused then came there.
A large number of injuries were thereafter inflicted by the accused appellants on Mehtab Singh, Attar Singh and Kabul Singh.
Hari Singh died issueless a bout, 29 years ago and his land measuring about 200 bighas situated in village Yaqubpur was mutated in the name of his widow Mam Kaur.
At the trial Mehtabsingh PW 11 , Attarsingh PW 12 , Kabul Singh PW 14 and Mari PW 15 gave eye witness account of the occurrence and supported the prosecution case.
Lower central inciser right and left are removed from their socket.
The prosecution case about the seven accused appellants having assaulted Mehtab Singh, Attar Singh, Kabul Singh and Dharam Singh is supported by the evidence of Mehtab Singh PW 11 , Attar Singh PW 12 , Kabul Singh PW 14 and Mari PW 15 .
Mehtab Singh P.W. 11 , Attarsingh P.W. 12 Kabul Singh P.W. 14 are sons of Ude Singh, brother of Mam Kaur.
were ploughing Mam Kaurs field Known as Khatiwala.
The occurrence was witnessed by Smt.
Tej Singh had an abrasion and companyplained of pain in his right forearm.
Balwantsingh opened the attack with a ballam blow on the head of Mehtabsingh.
as well as Dharam Singh on June 6, 1965.
Ram got the possession of that land also after obtaining a decree for possession by pre emption.
This circumstance, as pointed out by the High Court, did number warrant the rejection of their testimony.
Kabul Singh had nine injuries, out of which the following three injuries were grievous Contusion 4 x l 1/2 over the inner malleolus left ankle.
One injury had been caused by sharp pointed weapon, and the remaining injuries had been caused by blunt weapon.
at Kutani was also received by the Sub Inspector.
Four of the injuries had been caused by sharp edged weapon, and five of them had been caused by sharp pointed weapon.
Mange Ram and Tej Singh accused were also got examined from Dr. Batra on June 6, 1965.
12,000.
Tej Singh, Krishan and Shubh Ram had lathis, while Chhoti was empty handed The seven accused appellants attacked Mehtabsingh, Attarsingh Kabulsing and Dharam Singh on the exhortation of Chhoti.
The right lateral and left lateral were shaky.
The relations between the parties companysequently became strained.
Mange Ram accused brought a suit by pre emption in respect of the said land and obtained a decree.
The tibia bone underneath was fractured.
The accused resented the efforts of Mam Kaur to transfer her property in favour of her nephews.
Mam Kaur thereafter sold 23 kilas of land to Mehtab Singh PW, and his, nephews, but Mange.
There was lot of swelling around the joint.
Another injury on the person of Kabul Singh had been caused by sharp edged weapon, while the remaining injuries had been caused by blunt weapon.
The Sub Inspector then prepared the injury statements of the injured persons and sent them for medical examination to the civil hospital Jhajjar.
Blood stained earth was taken into possession by the Sub Inspector from the place of occurrence.
Chhoti 65 , mother of Krishan, were tried in the companyrt of Additional Sessions Judge Rohtak for offences under Sections 148 and 307 read with Section 149 IPC and were acquitted.
R. Khanna, J. Balwant Singh 30 , Pehlad Singh 30 , Mukhtiar 35 , Tej Singh 37 , Krishan 30 , Shubh Ram 20 , Mange Ram 55 and Smt.
About three years prior o the occurrence, Mam Kaur sold some land and a gher to Mehtab Singh P.W. and his brother Phul Singh for Rs.
The other accused were also thereafter arrested.
