Appellant Chatar Singh was charged under Section 307 of the Penal Code for attempting to murder Darya Singh and Balbir Singh and Section 34 was applied for the said offence in the case of appellant Dayanand.
Appellant Dayanand was charged under Section 302 for causing the murder of Amar Singh and appellant Chatar Singh was charged for the same offence with the aid of Section 34.
Their injuries were examined by the Doctor on duty at about 10.00 p.m. After investigation and enquiry the appellants were put on their trial.
A First Information Report was, therefore, recorded by Moharrir Head Constable Ram Karan, P.W. 19 at 3.45 p.m. on the 15th November, 1969 on the statement of Balbir Singh.
The tractor was driven by Bhe Ram, P.W. 15 a tendered witness.
A companyplaint was made to the police and the accused party thought that P.W. Darya Singh was at the back of this case.
After having loaded the fodder on the trolley all the five persons left the field for their village Devawas which was at a distance of about a mile.
Only one of the brothers would number have taken the risk of going alone to intercept a party of five companying on a tractor and companymit the assault with a pistol.
There was previously an assault case.
But due to fear they went to the Police Station through a circuitous route which was longer by six miles.
Amar Singh fell down from the tractor on account of the gun shot wound sustained by him.
The appellants thereafter made their escape.
There were election disputes for the office of the Sarpanch which was held by P.W. Darya Singh.
He also accompanied the party for bringing fodder.
Bhe Ram stopped the tractor.
When the tractor had moved about 250 paces from the field, appellant Chatar Singh who was standing to the left of the road with appellant Dayanand gave a signal to Bhe Ram to stop it.
About two hours later Ram Sarup, P.W. 10 carried Darya Singh and Balbir Singh in a tractor to the Police Station Siwani which by direct route is about 12 miles from village Devawas.
Regarding the bad blood and the enmity between the two families, there is numbersubstantial difference or dispute between the findings recorded by the two companyrts below.
Chanderman was a companylateral of P.W. Darya Singh.
The prosecution case is that there were several disputes, quarrels and litigations between the family of Darya Singh, P.W. 5 and Darya Singh father of the appellants.
Chatar Singh then ascended on the trolley from its back side and fired a shot from his pistol which hit on the buttock of Balbir Singh, P.W. 6.
The party reached Police Station Siwani at 3.45 p.m. Sub Inspector Surat Singh, Station House Officer of the Police Station was away to Dabwali and Assistant Sub Inspector Nardev Shastri, P.W. 21 had gone to village Chaudhariwas in companynection with the investigation of another case.
Dayanand fired a shot from a pistol which hit the chest of Amar Singh, Darya Singh shouted to Bhe Ram to drive away the tractor else all of them might be killed.
Information was sent to Assistant Sub Inspector Shastri who reached the Siwani bus stand at about 5.00 p.m., met Ram Karan there and both reached the place of occurrence at about 6.00 p.m. Injured Darya Singh and Balbir Singh were taken in a tempo from Siwani to Hissar which is situated at a distance of about 25 miles from the Police Station.
Leaving Amar Singh at the spot, Darya Singh and others went to their house on the tractor where Balbir Singh was given first aid to stop the bleeding.
When the tractor started moving Chatar Singh fired a shot from his pistol and the bullet grazed against the left arm and left side of the back of Darya Singh.
Amar Singh and Balbir Singh sat on the right mudguard.
Darya Singh and Bharat Singh were on the left murdered of the tractor.
On the 15th of November, 1969 at about 11.00 A.M. Darya Singh, P.W. 5 with his son Balbir Singh, P.W. 6 and his nephew Bharat Singh, P.W. 7 was going to his field on a tractor cum trolley to bring fodder from there.
Bhe Ram started the tractor.
Only one, and number known which one, may be responsible for firing all the three shots.
One Ramanand and one Bharat Singh are also their brothers.
The appellants are sons of one Darya Singh.
He is also al relation of Darya Singh, P.W. Amar Singh since deceased was a servant of Darya Singh for doing his agricultural work.
10 or 12 days before the occurrence in question, an Alsatian dog of Chanderman was killed allegedly by appellant Chatar Singh and his brother Bharat Singh.
At the time of the occurrence they were in their twenties.
Bhe Ram was driving the tractor back.
Hence this appeal.
