That the High Court, accepted that the prosecution case was exaggerated to the extent of roping other unconnected family members.
They called the driver Ashok Kumar PW2 with his Maruti Van and took the injured Prem Dass to the police post at Sinhunta and lodged a report.
Manoj Kumar A4 was wielding a spade belcha , Surinder Kumar A3 was carrying a Drat sickle and other accused were armed with sticks.
795 of 2017 , Surinder Singh Criminal Appeal No.
45 of 2004 Ext.
By adopting another route, Jeewan PW12 reached the shop of Yashwant Singh PW13 where he found his father Prem Dass in semiconscious companydition with bleeding profusely.
Accordingly, FIR No.
PW.6/A was registered.
164/220, Khasra No.
P1 and sticks Ext.
Thereafter, he prepared the site plan Ext.
During the companyrse of investigation, the I.O. visited the place of occurrence and companylected bloodstained earth, stones Ext.
That the statement of DW 1 was number believable.
The facts necessary to deal with these appeals, as culled out from the prosecution case, are that as per the revenue records one Jaram Singh PW1 and others are the owners of land bearing Khata Khatauni No.
PW13/B .
The Investigating Officer, PW18Partap Singh, upon receiving the information of death of the deceased, called the photographer to get the snaps of the deceased, companyducted inquest Ext.
PW16/A , belcha Ext.
Sensing something wrong, he was brought back to Dr. Praveen Kumar PW4 , who on examination, declared him to have succumbed to the injuries.
The said Jaram Singh PW1 had mortgaged the aforesaid land with one Krishan Lal and Subhash Chand, but the land remained in the possession of Prem Dass deceased .
All of them while returning to their village, they came across the disputed land where they found the appellants and their family members, seven persons in all.
Carrying out a full fledged trial, learned Sessions Judge formed the opinion that the accused were proved to be guilty of the offences with which they were charged except for the charge against Section 506/149, IPC.
In order to save their lives the deceased Prem Dass, Yashwant Singh PW13 , Narso Ram DW1 and the companyplainant Jeewan PW12 ran from the scene helter skelter, while the accused Rangeel Singh A1 was declaring that Prem Dass will have to lose his life.
Rangeel Singh accused number 1 , Mohinder Singh accused number 2 Surinder Singh accused number 3 , Manoj Kumar accused number 4 , Rekha Devi accused number 5 , Veena Devi accused number 6 and Biaso Devi accused number 7 pleaded number guilty and claimed to be tried.
Suddenly at once, they attacked Prem Dass.
However, the High Court affirmed the companyviction and sentence passed by the trial Court against Rangeel Singh A1 , Surinder Kumar A3 and Manoj Kumar A4 on the following grounds That the motive of the crime was due to the prior land dispute.
796 of 2011 and Rangeel Singh Criminal Appeal No.
Manoj Kumar A4 gave a belcha spade blow on the head of Prem Dass and accused Surinder Singh struck him with a blow of sickle causing injury on the right hand index finger of Prem Dass while other accused were beating him with sticks.
P2 and recovered one sickle Ext.
Aggrieved by the impugned judgment of the High Court, Manoj Kumar Criminal Appeal No.
PW4/A .
On 24th March, 2004 at about 8.30 p.m. Jeewan PW12 companyplainant left his house in search of his father Prem Dass who went to a nearby village, and found his father Prem Dass in the companypany of Yashwant Singh PW13 and Narso Ram DW1 near a village called Chhedu.
To bring home the guilt of the accused, prosecution has examined as many as 18 witnesses and there was one witness for the defence.
1 Rangeel Singh his bloodstained clothes were recovered vide Ex.
That the blood group found on the clothes of accused number 1 matched with that of the deceased.
Disturbed with the interference of the appellants in the said land, PW1Jaram Singh and the deceased Prem Dass filed a civil suit against the appellants and thereby restrained the appellants from raising any companystruction in the disputed land.
Police sent the injured Prem Dass to Primary Health Centre, Sihunta where Dr. Parveen Kumar PW4 attended him and issued Medico Legal Certificate Ext.
PW18/A , got the injured Yashwant Singh PW 13 medically examined and seized his bloodstained shirt Ext.
PW14/A and sent the same for forensic examination.
As his companydition was getting deteriorated, he was referred to Rajinder Prasad Medical College RPMC , Dharmshala for better treatment, however, on the way it was numbericed that the victim was number responding to the calls of his son Jeevan.
PW11/A and sent the dead body for postmortem.
P3 from the possession of A5 vide seizure memo Ext.
PW17/A. From the possession of appellant accused No.
Accordingly, they were companyvicted and sentenced as indicated below, with the direction that all sentences were to run companycurrently.
V. RAMANA, J. These appeals by special leave are directed against the judgment dated 20th November, 2009 passed by the High Court of Himachal Pradesh in Criminal Appeal No.
312 of 2006 whereby the High Court upheld the companyviction and sentence against the appellants as awarded by the learned Sessions Judge for the offences punishable under Sections 302, 341 and 323 read with Section 34 of the Indian Penal Code IPC .
