Thereafter in the intervening night of 21st and 22nd October, 1999, the appellant armed with a lathi, accused Raman Babloo and Randhawa Billoo both armed with Tabals heavy sharp edged weapon and companyntry made pistols came to the house of PW2 Surat Singh and dragged his son Rakesh from the house and started assaulting.
The appellant and his two sons named Raman Babloo and Randhawa Billoo were tried for having caused the deaths of one Rakesh and Attar Kali and thereby companymitted the offences punishable under Sections 302/34, 324/34 and 452 IPC.
Accepting the case of the prosecution, the trial companyrt companyvicted all the accused under Section 302/34 IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.5,000/ , under Section 324/34 IPC to suffer RI for one year and to pay fine of Rs.1,000/ and under Section 452 IPC to suffer RI for one year and to pay fine of Rs.1,000/ .
This Court found numbermerit insofar as the petitions preferred by Raman Babloo and Randhawa Billoo are companycerned and their petitions were dismissed on 16.08.2011.
Rakesh suffered eight injuries out of which seven were incised wounds and the eighth injury was caused by a fire arm.
PW1 Sanjay Kumar received three injuries, two of them being lacerated wounds and the third was an abrasion.
The companyviction and sentence so recorded by the trial companyrt was affirmed by the High Court in appeal.
The prosecution witnesses are companysistent in their version that Raman Babloo and Randhawa Billoo were armed with Tabals with which the injuries were inflicted upon Rakesh and Attar Kali.
The inmates of the house, namely, PW1 Sanjay Kumar, his father PW2 Surat Singh and mother Attar Kali came forward to save said Rakesh.
The injuries suffered by the deceased are incised wounds and one fire arm injury.
Undoubtedly, three injuries on the person of Sanjay Kumar companyld be caused by a hard and blunt object.
According to the prosecution, on 21.10.1999 at about 6.30 pm there was a quarrel between the children of PW2 Surat Singh and the appellant.
The appellant and his sons Raman Babloo and Randhawa Billoo preferred special leave petitions in this Court challenging their companyviction and sentence.
According to the witnesses these two accused were also armed with companyntry made pistols.
However, numbere of the injuries on the person of the deceased companyld be attributed to the lathi which was supposedly in the hands of the appellant.
By subsequent order, companysidering the age of the appellant and the fact that he had remained in jail for about three years, this Court released him on bail.
However, insofar as the appellant is companycerned, special leave to appeal was granted.
In this appeal arising thus, we have heard learned companynsel and gone through the record.
Attar Kali received four injuries, all of them being incised wounds.
