200/ , and rigorous imprisonment for seven years and a fine of Rs.
Lachhi was much stronger than Yogesh.
After recording the FIR, S.I. Borth Raj P.W.21 sent Rajesh to the health Centre for medical examination.
P.C and accused Subhash gave the following version of the incident On the day of occurrence at about 3.00/4.00 P.M. Lachhi was in the process of breaking the wall of the shop of make it a part of our house of the shop to make it a part of our house after Shakti had taken possession of the shop in a legal manner.
None of the other accused was present at the spot.
In the meantime Krishna Devi P.W.14 , mother of Rajesh, had also reached the spot.
They started knocking at our closed door but Lachhi did number bother in spite of the fact that they had started abusing us and threatening us that Rajesh and Dinesh were successful in breaking the door and I also came down stairs after am myself with a knife because I had seen PWs Rajesh and Yogesh armed with knives and in an aggressive mood both of them attacked Lachhi and me and we defended ourselves.
When Lachhi was being attacked by Yogesh I gave him a blow in his back.
Meanwhile Dinesh armed with a gun and Suraj Bhan armed with laths came there and Suraj Bhan gave a lathi blows to Lachhi and me.
The accused pleaded number guilty to the charges levelled against them when examined under Section 313 Cr.
Bimlesh P.W.4 , wife of accused Shakti Singh, in support of their respective versions.
200/ respectively and a direction that the substantive sentences shall run companycurrently.
Thereafter the five accused persons ran away with their weapons.
On may 11, 1984, while on police custody, accused Shakti Singh made a disclosure statement, which resulted in discovery of a blood stained knife.
Rajesh and his brother Yogesh after hearing the numberse came outside our house while armed with knives.
At that stage Dinesh Chander fired a shot from his licensed gun, which hit Lachhi Ram.
I went to bonepat and got myself treated there first from Dr. Romesh Batra and then got myself medically examined also from the Civil Hospital, had witnessed the entire occurrence.
Meanwhile Dinesh fired shots one shot hit Lachhi as he was re loading his gun, Lachhi gave him blows but he was successful in reloading the gun.
On hearing the alarms raised by him when Rajesh P.W.18 , his father Dinesh Chander, and his grand father Suraj Bhan came forward to his rescue Subhas, Lachhi Ram and Suresh, assaulted Rajesh with their knives.
P.4 and a chisel Ext.
P.5 from the shop.
All the five accused person and lachhi Ram also assaulted Dinesh Chander and Suraj Bhan causing injuries on their persons.
Dinesh Chander companytinued to be treated in that hospital till be died on May 10, 1988.
In support of their respective cases the prosecution examined twenty three witnesses and defence five.
Over that shop litigations were going on between the two families and a few days before the incident, out of which these appeals stem, a decree was passed in favour of deceased Suraj Bhan by the Additional District Judge, karnal.
WITH CRIMINAL APPEAL NO.7 OF 1990 J U D G M E N T K. MUKHERJEE.
I grappled with Suraj Bhan and gave him knife blows in self defence.
To the adjacent east of the house of the accused is a shop with a companymon inner boundary wall.
When I was grappling with Suraj Bhan, Dinesh fired a shot towards away to save my life because lachhi had number got up and I was alone.
They have been falsely involved in the case Krishna was number present at the spot The other four accused denied their presence at the spot at the time of the incident and accused Shakti claimed that at the material time he was with his lawyer at Panipat.
The families and Dinesh and Tulsi used to live in adjacent houses, both or which open into a lane on the west.
On companypletion of investigation Police submitted chargesheet against the five accused respondents and in due companyrse the case was companymitted to the companyrt of sessions.
During investigation accused Dharamvir and Yudhvir were arrested on May 8, 1984 and the other three on May 10, 1984.
Meanwhile Lachhi grappled with Yogesh and dis armed him and snatched his knife.
In appeal the High Court set aside their companyvictions and sentences and aggrieved thereby the State of Haryana and the companyplainant Rajesh have filed these appeals.
Immediately thereafter accused Dharamvir, armed with a Lathu, and other four accused and lachhi Ram with knives came out of the shop and started inflicting blows on Yogesh with their respective weapons.
he then went to the spot, prepared a site plan, and seized blood stained earth and empty cartridge Ext.
Dr. Mahesh Prakash W.2 held autospy on the dead body of Yogesh and found two incised wounds and one abrasion, while Dr. O.P. Gogia W.3 , who held autopsy on the dead body of Lachhi, found one incised wound and five lacerated wounds, of which, he opined, the first was a surgical wound and the others were caused by fire arms.
Injured Rajesh however first went to Samalkha Police Station to lodge the FIR.
Dr. K.L. Khurana P.W.1 examined Rajesh and found eight injuries on his person, including on e incised wound and six lacerated wounds.
Lachhi caused injuries to Rajesh with the hand pump handle and was successful in throwing down his knife.
Though Yogesh had succumbed to his injuries there, his body was taken to the local primary health Centre, where injured Dinesh Chander, Suraj Bhan, and Lachhi Ram were removed for treatment.
Thereafter he went to the health centre at Samalkha and held inquest on the dead body of deceased Yogesh.
In the meantime Suraj Bhan, Dinesh Chander and Lachhi Ram and been removed to Medical College Hospital, Rohtak for better treatment.
The deceased Dinesh Chander was the younger brother of Tulsi Ram, who is the father of accused Dharamvir, Shakti Singh, Subhash and Lachhi Ram since deceased .
Lachhi Ram, however, succumbed to his injuries on the same evening and Suraj bhan on the following day.
Coming number to the manner in which the incident took place, the prosecution reties on the evidence of Rajesh W.13 his and mother Krishna Devi P.W.14 , and the defence on that of Smt.
On a detailed discussion of their evidence and companyrelating the same with other evidence adduced by the parties the trial companyrt accepted the version of the prosecution in preference to that of the defence.
He fired on more shot at Lachhi.
P.6 from there and a hammer Ext.
J. Dharamvir, a resident of Samalkha in the District or Karnal, along with his three brother Shakti Singh, Subhas and Suresh, and son Yudhvir was placed on trial before the Additional Sessions Judge, Karnal for rioting, companymitting the murders of Yogesh, his father Dinesh, and his grand father Suraj Bhan, and attempting to companymit the murder of his brother Rajesh.
The trial ended with an order of companyvictions recorded against all of them under Sections 148, 302/149 three companynts and 307/149 of the Indian Panel Code and of sentences of rigorous imprisonment for six months, imprisonment for life and a fine of Rs.
