After companypletion of the investigation all the accused barring Murti were sent up for trial.
In the appeal filed by the appellants before the High Court there were several companyaccused i.e. Jagdish, Devinder, Balwan and Murti Devi.
The accused were arrested on March 30, 2000 by Inspector Darshan Lal PW 11 .
Murti and Gindori also inflicted injuries on Sajjan.
During the companyrse of rescuing the injured, Azad Singh also sustained injuries.
Finally charge was reframed on April 15, 2004.
Charge was first framed against the accused on July 19, 2000 under Section 302 read with Section 149 IPC and other related offences.
They also caused grievous injuries to Anju and Sarti.
Devender Raju hit Sajjan PW 7 with a lathi on his left leg.
Murti was placed in companyumn 2 of the report under Section 173 of the Code of Criminal Procedure, 1973 in short the Code .
In support of the appeal, learned companynsel for the appellants submitted that after having recording a finding that there was free and open fight, the question as to who was the aggressor was really irrelevant and the fact that the persons belonging to the companyplainant party received more injuries was also really of numberconsequence.
The case was registered at Police Station Sadar, Bhiwani on the basis of the statement of Sajjan PW 7 recorded by ASI Suraj Bhan at 10.50 p.m. on the same evening at General Hospital, Bhiwani.
Special report was delivered at 3.50 a.m. on March 21, 2000.
Jagdish also gave a sword blow which hit Man Singh on the back of the head.
On reaching the hospital Man Singh succumbed to his injuries whereas the injured were medico legally examined.
Some injuries were also inflicted by companyplainant party on the accused in self defence before the accused retreated from the spot with their respective weapons.
Sajjans younger brother Krishan and his uncle Azad Singh reached the spot to rescue them from the assailants.
Anju and Sajjan were medico legally examined by Dr. Arjun Chander Yadav PW 1 at 6.35 p.m. and 8.15 respectively.
All the accused persons were found guilty and companyvicted.
In the opinion of the Medical Officer the death was caused due to hamorrhage and shock and injury to the brain.
When alarm was raised Balwan hit Sajjan PW 7 with a lathi on his forehead above left eye.
Anju was found to have various injuries on her right hand.
Charges were reframed on January 25, 2001.
After the occurrence was over, the injured were taken to Civil Hospital, Bhiwani.
Prosecution version in a nutshell is as follows On March 20, 2000 at 4.00 p.m. Man Singh was sitting near the gate of his house, while members of his family were present inside the house.
Thereafter, the Investigating Officer took up the investigation by first preparing the inquest report on the dead body of deceased Man Singh.
The other two accused persons i.e. Balwan and Murti were acquitted of all charges.
FIR was recorded in respect of offences punishable under Sections 302, 148, 149, 452 and 323 IPC.
This was followed by Parkash giving a blow with his sword which hit Man Singh in the middle of his head.
After the inquest proceedings, post mortem was companyducted by Dr. Ramesh Kumar PW 4 .
They entered the house and upon exhortation that a lesson be taught to Man Singh for getting them companyvicted, Hawa Singh opened the attack with a sword with which he hit Man Singh on the head.
Hawa Singh, Parkash and Jagdish armed with swords, Balwan and Devender Raju armed with lathis, their sister Murti armed with rapri and their mother Gindori armed with pharsa came there.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the companyviction of the appellants for offences punishable under Section 302 read with Section 34 and Section 452 of the Indian Penal Code, 1860 in short the IPC .
By this time Murti Devi had been summoned as accused.
Though they were charged of several other offences they were acquitted of those charges.
On the basis of their respective disclosure statements, certain weapons were recovered from possession of the accused i.e. axes from Parkash and Hawa Singh, rapris from Jagdish and Devender Raju and a lathi from Balwan.
She was subsequently summoned to stand trial under Section 319 of the Code.
The Medical Officer found several injuries on the body of Man Singh.
