Since Thandu Ram was number allowed to be dragged by Mool Chand, Biru and Bhana, both Amar Singh, the appellant and Hari Singh came followed by Ram sarup in that direction.
Rameshwar Dass, S.I. arrested the accused on September 12, 1969, from near the village Kumharia, and after the usual investigation, the accused were challaned.
Thandu Ram and others brought Mst.
P.C. and on the same day Thandu Ram, one Neki and three other persons were challaned under Section 107/150 Cr.
3, 4 and 5 have been believed by the trial Court as well as by the High Court.
Duli Chand and Ram Chander, sons of Thandu Ram and others were also challaned for causing injuries to the appellant before the occurrence and that case was still pending.
As regards the occurrence, the findings of the trial Court were Harisingh and the appellant were sitting in front of their house when Kurra and Bhallu gave one lathi blow each to Thandu Ram.
Bhallu and Kurra, having lathis with them came from the back side of Thandu Ram and gave one lathi blow each to him Thandu Ram .
She was alive at that time.
The appellant aimed his Jaili towards Mool Chand but he warded it off by the gun in his hands which was broken as a result of the blow.
The appellant shouted to Hari Singh that he should fire at Thandu Ram.
Thandu Ram had filed a companyplaint against the appellant, Hari Singh, Kurra and his father Hunta and Bhallu and his father Chhelu for causing injuries to his son Duli Chand which was also pending.
Indro, on receipt of the shot fell down.
The appellant again exhorted Hari Singh to fire at Thandu Ram because the first shot did number hit Thandu Ram and when Hari Singh tried to reload the gun, Mool Chand snatched the gun from him.
The prosecution case was as follows.
The appellant, Hari Singh, Ram sarup, Kurra and Bhallu then went towards the house of appellant.
Kurra and Bhallu dragged Thandu Ram to that place.
Mool Chand, Biru and Bhana intervened and prevented Kurra and Bhallu from dragging Thandu Ram further.
They also tried to drag Thandu Ram but Mool Chand P.W. 4 came there and saved him.
On 4 9 1969 at about 5 p.m. Thandu Ram of village Sabarwas was going out of his house and when he reached near the naubra of Gopal, he saw Girdhari Hirab and asked him to tell as to when his turn of water would companymence.
Duli Chand and Risal Singh made an application for ejectment of Hunta in the revenue Court and this application was pending at the time of the occurrence on August 26, 1969, the appellant, Hari Singh, Kurra and Bhallu along with Hunta and Chhelu father of Bhallu were challaned under sec 107/150 Cr.
Ram Sarup tried to snatch the gun from Mool Chand but in the meantime, Ram Chander, son of Thandu Ram came there and gave a lathi blow on the head of Ram Sarup.
Indro to the house.
Hari Singh thereupon fired at Thandu Ram but by that time Thandu Rams daughter Mst.
He prepared the imputes report and sent the dead body for post mortem examination.
The injuries of Indro were bandaged.
Thoy shouted to these to drag Thandu Ram towards them and apparently, the intention of both of them was to give him further blows.
The appellant and Hari Singh, followed by Ram sarup, came to wards Thandu Ram and when they were at a distance of 5/6 karama, the appellant exhorted Hari Singh, to shoot at Thandu Ram.
At that time Biru and Bhana reached there.
At that time Hari singh was armed with a gun which belonged to Ram Sarup and the appellant with a jaili.
Indro lying at the house of Thandu Ram.
P.C. and these cases were pending at the time of the occurrence.
The appellant and Hari Singh shouted to Bhallu and Kurra to drag Thandu Ram to that place.
The Sub Inspector accompanied by Thandu Ram came to the spot at 5 A.M. He found the dead body of Mst.
Kurra and Bhallu dragged Thandu Ram for 2/3 karama.
No arrangement for the companyveyance to take her to the hospital companyld be made.
Indro Thandu Ram left for the Police Station and lodged the first information report at 2 A.M. which was recorded by Rameshwar Das S.H.O. P.S. BHUNA.
Thandu Ram also produced the gun and the cartridge empty before the Sub Inspector who took them into possession.
The appellant was armed with Jaili and Hari Singh with a gun which belonged to Ram Sarup.
Indra came there and the shot hit her.
The appellant did number stop there He again incited Hari Singh to make another shot at Thandu Ram.
On the basis of the evidence of the witnesses, the trial companyrt found that the following facts were established.
Indro died at 7.30 p.m. After the death of Mst.
Girdhari replied that he would tell about that shortly and went towards his house.
At that time, the appellant and Hari Singh were sitting on the chabutra in front of their house along with Ram Sarup.
Then the appellant aimed his Jaili towards Mool Chand but he warded it off by the gun which was broken as a result of the blow.
But before Hari Singh companyld shoot, the gun was snatched away from the hand of Hari Singh by Mool Chand.
Hari Singh fired the gun which unluckily hit Indro who happened to companye there on hearing the shout.
Mathew, J. This is an appeal, by special leave, against the judgment of the High Court of Punjab and Haryana companyfirming the companyviction of the appellant of an offence under Section 302 read with Section 34 of the I.P.C. and imposing the sentence of imprisonment for life for the offence by the Sessions Judge, Hissar.
These circumstances, according to the trial companyrt, proved that there was enmity between Thandu Ram and the accused.
Ram Chander PW 10 is the son of Thandu Ram PW 3 and Biru PW 5 is the son of jot Ram brother of Ram Lal who was the grand father of Thandu, Mool Chand PW 4 is the great grand son of Dilsukh brother of Ram Lal and Jot Ram About 1/2 years prior to the date of the occurrence, Duli Chand and Risal Singh, sons of Thandu Ram, who were in army service had purchased land in village Sabarwas for Rs.
35,000/ and at the time of the purchase, the land was under the cultivating possession of Hunta father of Kurra accused.
