Punjab-Haryana High Court
Takdir And Others vs State Of Haryana on 8 February, 2000
Equivalent citations: 2000CRILJ4926
Author: Mehtab S. Gill
Bench: Mehtab S. Gill
JUDGMENT Mehtab S. Gill, J.
1. This is an appeal against the judgment dated 23-8-1995/25-8-1995 of the Additional Sessions Judge, Rohtak convicting and sentencing each of the 12 accused in the following manner :-
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Serial Name of the appellants Quantum of Sentence and the offences No.
for which the appellants
sentenced.
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1. All the 12 appellants Each accused to undergo rigorous imprisonment for two years under Section 148 of the Indian Penal Code.
2. Takdir, Amar Singh, Each accused to undergo rigorous impri-
Sri Bhagwan and sonment for life for an offence punishable
Darshan under Section 302 read with Section 34 of
the Indian Penal Code.
3. Hawa Singh To undergo rigorous imprisonment for
three years and to pay a fine of Rs. 200/-
for an offence punishable under Section 325 of
the Indian Penal Code. In default of pay-
ment of fine to further undergo rigorous imprisonment for one month.
4. All the 12 appellants Each accused to undergo rigorous impri-
sonment for three years and to pay a fine
of Rs. 200/- each for an offence punishable
under Section 325 read with Section 149 of the Indian
Penal Code. In default of payment of fine,
each accused to further undergo rigorous imprisonment for one month.
5. All the 12 appellants Each accused to undergo rigorous impri-
sonment for one year for an offence puni-
shable under Section 324 read with Section 149 of the
Indian Penal Code.
6. Ram Chander To undergo rigorous imprisonment for six
months for an offence punishable under
Section 323 of the Indian Penal Code.
7. All the 12 appellants Each accused to undergo rigorous impri-
sonment for six months for an offence
punishable under Section 323 read with Section 149
of the Indian Penal Code.
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All the sentences have been ordered to run concurrently.
2. The period of sentence already undergone by the accused-appellants, if any, was ordered to be taken into consideration while reckoning the period of sentence imposed upon them.
3. The case of the prosecution has been unfolded by PW-5 Ram Karan, who is the son of deceased Rati Ram, in his statement given to Ishwar Singh Sub-Inspector, PW-13, at the Civil Hospital, Rohtak on 28-3-1992 at 1.30 p.m. to the effect that he is resident of village Kasurenti and is a labourer by profession. On 26-3-1992, a fight took place between Billu accused son of Ujala and the son of the brother of the complainant, i.e., Lillu, while playing. Both of them were separated. Billu accused nourished a grudge in his mind and wanted to take revenge. Rati Ram father of the complainant and PW-8 Ram Kumar son of Risal Singh submitted an application to the panchayat of the village with a view to settle the matter. On 27-3-1992 in the evening time, both the parties were called by the panchayat. Ram Chand accused refused to accept the decision of panchayat of the village on the ground that he would accept the decision of the police only. The panchayat then asked the complainant-party to send an application to the police. On 28-3-1992 the application was sent to Police Post Karsala through Dilbagh, brother of the complainant. Thereafter, Om Parkash and Ram Kumar son of Risal Singh left the house for going to Rohtak for their personal work at about 7.30/8.00 a.m., the complainant-Ram Karan along with his father Rati Ram and uncle Sardar Singh were sitting on a cot near their own house. When Om Parkash and Ram Kumar reached near the Bus Stand, accused Surja armed with jaili; Ram Chand armed with a lathi; Lila armed with a jaili; Hawa Singh armed with a jaili; Jagdish armed with a pharsa; Amar Singh armed with a Chhura; Chandgi armed with a lathi; Naresh and Ballu armed with pharsas, all Harijans by caste, residents of the same village, went near them within their sight with common object. They wanted to waylay the brother of the complainant, i.e., Om Parkash, who, on seeing the accused, came back. But the accused were successful in inflicting injuries on the person of Ram Kumar. In the meantime, accused Takdir armed with a chhura; Darshan armed with a gandasa; Sri Bhagwan armed with a pharsi and Amar Singh armed with a chhura all Harijans by caste, residents of the same village, came towards the complainant-party. Complainant Ram Karan and his uncle Sardar Singh entered the house and the father of the complainant kept sitting on a cot. Accused Takdir gave a chhura blow on the back of the father of the complainant; Amar Singh accused gave a chhura blow on the left side of the neck of the deceased; Darshan accused gave a gandasa blow on the left ankle of deceased. Sri Bhagwan gave a pharsa blow on right knee and left thigh of deceased; Darshan gave another gandasa blow on the index finger of the right hand and Amar Singh gave a chhura blow on the right wrist of the deceased. Besides these injuries, more injuries were inflicted to the deceased. On raising an alarm by the deceased, the complainant-Ram Karan, PW-5, along with his brother Lilu, Siri Bhagwan, Satbir and Ranbir all sons of Sardar Singh, Sandeep son of Maha Singh, Brahma Nand son of Pirthi, Roshni wife of Rajinder and Sumitra wife of Ram Karan, all Harijans by caste, came to the rescue of the deceased. Accused gave injuries to PW-5 Ram Karan, PW-8 Ram Kumar, PW-10 Smt. Roshni, PW-11 Satbir Singh, Sandeep, Ranbir Singh, Lillu Ram, Sumitra and Brahma Nand. The complainant-party in self defence caused injuries on the persons of accused Takdir, Amar Singh, Darshan Singh, Naresh and Ballu. On the basis of statement, Exhibit PA, case F.I.R. No. 72 of 1992 for offences under Sectons 148, 149, 302, 323 and 324 of the Indian Penal Code was registered against the accused at Police Station Sampla. Case was investigated by the police and the accused were arrested in this case and after the completion of the investigation, the accused were challaned.
4. To prove its case, the prosecution produced four injured witnesses, namely, PW-5 Ram Karan, who is the son of the deceased Rati Ram, PW-8 Ram Kumar, PW-10 Smt. Roshni and PW-11 Satbir Singh. The other injured witnesses, namely, Sandeep, Ranbir Singh, Lila Ram, Sumitra and Brahma Nand were given up being unnecessary.
5. Dr. Sudhir Goel, P.G. Student, Medical College and Hospital, Rohtak, PW-1, deposed that on 28-3-1992 he radiologically examined Roshni wife of Rajinder Singh and found fracture shaft right humerous. He proved his report Exhibit PA.
6. Dr. M. K. Bishnoi, Senior Medical Officer, Civil Hospital, Rohtak, PW-2 deposed that on 28-3-1992, he radiologically examined Sumitra wife of Ram Karan and deposed that there was no fracture.
7. Similarly, in the case of Satbir Singh son of Sardar Singh, Brahma Nand son of Pirthi, Ram Kumar son of Risal Singh, Sandeep son of Maha Singh and Ram Karan son of Rati Ram, no fracture was detected.
8. In case of Lillu Ram son of Rati Ram, fracture of upper part of left fibula was found. He proved his report Exhibit PD and skiagram Exhibit PD/1.
9. In case of Ranbir Singh son of Sardar Singh, there was old fracture with callus formation in the middle of right third metacarpal bone. He proved his report Exhibit PE and skiagram Exhibit PE/1.
10. Dr. R. K. Wadhwa, Medical Officer, T.B. Centre, Rohtak, deposed that on 29-3-1992 at 3.30 p.m., he conducted post mortem examination on the dead body of Rati Ram son of Suraj Bhan and found the following injuries :-
1. 6 x 2 cm incised wound over left leg lower part, muscle deep. Clotted blood was present.
2. 2 x 1 cm incised wound over right index finger at the base. Clotted blood was present.
3. 3 x 1 cm incised wound over right forearm lower part on the ventral aspect. Clotted blood was present. There was fracture of lower end of radius.
4. 3 x 1 cm punctured wound with tapering ends over left side neck in the centre, 10 cm lateral to mid line neck and 10 cm below left pinna.
There was fracture of Ist rib anteriorly corresponding to the wound and there was 2 x 1 cm incised wound over apical lobe of left lung corresponding to the injury.
5. 4 x 1 cm punctured wound with tapering ends verticle oblique over upper part right thigh back 6 cm from mid line back and 12 cm below mid clavicular point. The underneath rib was fractured into two halves. There was 3 x 1 cm incised wound over upper lobe of right lung corresponding to the injury.
6. 6 x 0. 5 cm incised verticle oblique over back of left shoulder 10 cm left to mid line back. Scapular spine was fractured into two pieces.
11. According to the opinion of the doctor, the cause of death of deceased was due to shock and haemorrhage due to the injuries described which were ante-mortem in nature and were sufficient to cause death in ordinary course of nature. Time that elapsed between death and post mortem was within 6 to 36 hours. He proved his postmortem report Exhibit PF. He further opined that weapon No. 1 with both sharp edges may cause injuries Nos. 4 and 5 as mentioned in the post mortem report. The rest of the injuries may be caused by weapons mentioned at Nos. 2, 3 and 4.
12. Dr. R. K. Chaudhary, Medical Officer, Civil Hospital, Rohtak, deposed that on 28-3-1992 at 9.00 a.m. he medico-legally examined Roshni wife of Rajender, aged 30 years, resident of village Kasrenti and found the following injuries on her person :-
1. Swelling and deformity right upper arm. There was abnormal bone movement, suspected fracture sharp humerus. I advised X-ray and Orth. opinion.
2. She complained of pain over left calf region. There was no mark of injury. Tenderness was there.
13. Injury No. 1 was kept under observation, while injury No. 2 was declared as simple. Duration of injuries could not be commentated by the doctor as in his opinion both the injuries were due to blunt trauma. Patient was referred to MCH Rohtak for treatment. He proved his Medico-legal report Exhibit PJ.
14. On the same day at 9.25 a.m., he examined Ram Kumar son of Risal Singh, aged 47 years, resident of village Kasrenti and found the following injuries on his person :-
1. 2 x 1/2 cm lacerated wound over base of pinna of left ear. Fresh bleeding was present. I advised surgical opinion.
2. 1.5 x 0.2 cm vertically placed incised wound medial aspect of left eyebrow. Fresh and clotted blood was present.
3. 1/2 x 0.2 cm abrasion on medial part of left lower eyelid.
4. Another abrasion 1/2 x 0.2 cm over left cheek. Clotted blood was present.
5. 12 cm long curved dermic deep linear abrasion over front of upper part of chest starting just below middle of clavicle. There was irregularity of the margins and small violet patchy contusion on both sides of bone.
6. 3 x 3 cm reddish violet contusion and swelling lateral aspect of lower 1/3rd of left fore-arm. I advised X-ray.
7. 1 cm x 0.3 cm obliquely placed incised wound over medial aspect of left knee. Fresh and clotted blood was present.
8. 4 cm long fine linear abrasion over back of right side of chest.
15. According to the opinion of the doctor, there was bleeding from left nostril. I advised X-ray skull. Patient was kept under observation for any head injury. Injuries Nos. 1 and 6 were also kept under observation. Rest of the injuries were simple. Duration of injuries was within 2 to 6 hours. Injuries Nos. 2 and 7 were caused by sharp edged weapon. Injury No. 5 was caused by blunt pointed weapon used in dragging manner and rest were by blunt. He proved his Medico-legal report Exhibit PK.
16. On the same day at 9.50 a.m. he examined Sandeep son of Maha Singh, aged 20 years, resident of village Kasrenti and found the following injuries on his person :-
1. 3 x 1/2 cm lacerated wound left parietal area of scalp, 7 cm above pinna of left ear. Clotted blood was present. I advised X-ray skull.
2. There was swelling and tenderness over entero-lateral aspect of upper part of right fore-arm.
3. Violet contusion 3 x 2 cm size over postero-lateral aspect of left elbow. I advised X-ray left elbow.
4. 7 x 2 cm light violet contusion horizontally placed over back of lower part of left side. I advised X-ray.
5. 6.5 cm x 0.2 cm obliquely placed deep linear abrasion over left flank of abdomen. Margins were irregular.
6. 6 x 3 cm violet contusion over left supra scapula region. I advised X-ray left scapula.
17. The doctor kept injuries Nos. 1, 3, 4 and 6 under observation and rest were declared as simple. The duration of injuries was within 2 to 6 hours. Injury No. 5 was caused by blunt pointed article used in dragging manner, while other injuries were caused by blunt trauma. He proved his Medico-legal report Exhibit PL/1.
18. On the same day at 10.15 a.m., he examined Ranbir Singh son of Sardar Singh, aged 24 years, resident of village Kasrenti and found the following injuries on his person :-
1. 3 x 0.3 cm lacerated wound left parietal area of scalp, 7 cm above and behind left mastoid process. Clotted as well as fresh bleeding was present. I advised X-ray skull and surgical observation.
2. 2.5 cm x 0.3 cm lacerated wound over right parietal area in its posterior part, 8 cm behind and above right mastoid process. Clotted blood was present. I advised X-ray skull.
3. 6 cm x 2.5 cm reddish violet bruise on the back of left upper arm in its middle.
4. 2.5 cm x 1 cm abrasion over back of middle of left fore-arm. There was swelling all around the abrasion. I advised X-ray.
5. There was swelling and tenderness over dorsum of right hand. There were multiple small abrasions over it. I advised X-ray.
6. 3 cm x 1.5 cm abrasion over back of left shoulder joint. Margins were irregular.
7. 6.5 cm x 0.2 cm superficial linear abrasion over nape of neck.
19. Injuries Nos. 1, 2, 4 and 5 were kept under observations by the doctor while rest were declared as simple. The duration of injuries was within 2 to 6 hours. Injury No. 7 was caused by blunt pointed weapon used in dragging manner, while other injuries were caused by blunt trauma. He proved his Medico-legal report Exhibit PM.
20. On the same day at 10.30 a.m. he examined Ram Karan son of Rati Ram, aged 30 years, resident of village Kasrenti and found the following injuries on his person :-
1. 3.5 cm x 0.5 cm lacerated oblique wound right parietal area of scalp, 8 cm above pinna of right ear. Clotted blood was present. I advised X-ray.
2. Small abrasions over dorsum of Ist I.P. joint of right middle finger. There was swelling aroung it. I advised X-ray.
3. Small abrasion over dorsum of Ist I.P. joint of right ring finger. There was swelling around it. I advised X-ray.
4. Complained of pain over front of middle of left thigh. There was no mark of injury. Mild tenderness was present.
5. Small abrasion over middle of dorsum of right thumb.
21. Injuries Nos. 1 to 3 were kept under observation. Rest were simple. The injuries were within 6 hours duration and were caused by blunt trauma. He proved his Medico-legal report Exhibit PN.
22. On the same day at 11.15 a.m. he examined Lilu Ram son of Rati Ram, aged 38 years, resident of village Kasrenti and found the following injuries on his person :-
1. 3 x 0.2 cm verticle lacerated wound over dorsum of base of left thumb with mild swelling around. I advised X-ray.
2. Swelling and tenderness with faint violet bruise over lateral aspect of left leg just below left knee. I advised X-ray left knee.
23. Both the injuries were kept under observation. The duration was within 2 to 6 hours, injuries were caused by blunt trauma. He proved his Medico-legal report Exhibit PQ/1.
24. On the same day at 11.20 a.m. he examined Satbir Singh son of Sardar Singh, aged 34 years, resident of village Kasrenti and found the following injuries on his person :-
1. 2 cm x 0.3 cm lacerated oblique wound left frontal area of scalp, 3 cm left to mid-line and 8 cm above left eye-brow. Clotted blood was present. I advised X-ray skull.
2. 3 cm x 0.2 cm lacerated wound obliquely placed over left parietal area of scalp, 13 cm above pinna of left ear. Clotted blood was present. I advised X-ray.
3. 14 cm x 2.5 cm violet bruise over lateral aspect of left shoulder and upper part of left upper arm. There were fine superficial linear abrasions in the middle of bruise.
25. Injuries 1 and 2 were kept under observation, while injury No. 3 was declared as simple. Duration of injuries was within 2 to 6 hours and the same were caused by blunt trauma. He proved his Medico-legal report Exhibit PR. After considering X-ray opinion, he declared all the injuries as simple in nature.
26. On the same day at 11.10 a.m., he examined Sumitra wife of Ram Karan, aged 26 years, resident of village Kasrenti and found the following injuries on her person :-
1. 6 cm x 0.5 cm lacerated wound left parietal area of scalp, 2 cm left to mid-line and 11 cm above left eyebrow. Clotted as well as fresh bleeding was present. I advised X-ray skull.
2. 10 cm x 0.75 cm size, two parallel reddish violet bruises over left supra scapular region 1 cm apart. I advised X-ray.
27. Both the injuries were kept under observation. The duration was within 6 hours and the injuries were caused by blunt weapon. Exhibit PS is the copy of Medicolegal report.
28. On the same day, at 11.30 a.m., he examined Brahmanand son of Pirthi, aged 35 years, resident of village Kasrenti and found the following injuries on his person :-
1. There was two punctured wounds over lateral aspect of left side of chest, 5 cm apart, anterior one being 0.4 cm in diameter and posterior one was 0.5 cm in diameter. Margins were slightly irregular and abraded. These wounds were 6 cm above costal margins on lateral side of chest in mid-axillary line. Clotted blood was present. I advised X-ray.
29. Injury was kept under observation. Duration was within 6 hours and the injury was caused by blunt pointed weapon. He proved his Medico-legal report Exhibit PT/1.
30. Dr. Manita Kamal, Lady Medical Officer, CHC Gohana appeared as PW-12 and deposed that on 28-3-1992 she medicolegally examined Darshan son of Gordhan, aged 26 years, resident of village Kasrenti at 3.30 p.m. and observed as follows :-
The patient was conscious, co-operative, pulse was 88 per minutes and the B.P. was 110-70 mm Hg. There was only one lacerated wound 1 1/2 long x 1/8" in breadth on scalp about 10 cm above the medial end left eye-brow. Blood clot was present and the wound was skin deep. The injury was advised for X-ray. It was within a period of 24 hours, caused with blunt weapon. Exhibit PX is the correct carbon copy of the Medicolegal report.
31. This doctor examined Takdir accused son of Surja, aged 26 years, resident of Kasrenti. The patient was conscious and found the following injuries on his person :-
1. Lacerated wound 1 1/2" x 1/2" on parietal region of scalp on right side, about 6 cm above the right pinna. The wound was skin deep and the bleeding was present and was advised for X-ray.
2. Lacerated wound of the size of 1/2" x 1/2" on right side of fore-head about 3" above the right lateral end of the eyebrow. It was skin deep and the bleeding was present and was advised for X-ray.
32. Both the injuries were kept under observation and were caused within 24 hours with a blunt weapon. She proved copy of the Medico-legal report Exhibit PY.
33. On the same day at 3.30 p.m. she examined Ballu son of Ujala, aged 45 years, resident of village Kasrenti and observed as follows :-
The patient was conscious.
1. Lacerated wound of the size 1" x 1/4" x 1/4" on fore-head right side about 2 1/2" above the right eyebrow, middle, blood clot was present and the same was skin deep and was advised X-ray.
2. There was an obliquely placed contusion of red colour of the size of 3" long x 1/2" in breadth on the left fore-arm above 5" above the ulna, head. On lateral side above the wrist on medial side.
34. As per the opinion of the doctor, the injuries were caused within probable duration of 24 hours with blunt weapon. She proved Medico-legal report Exhibit PZ. She further opined that all the above injuries on the person of injured persons are possible by Danda/lathi blows.
35. On the same day at 3.30 p.m. she medico-legally examined Naresh son of Ballu, aged 22 years, resident of village Kasrenti. The patient was conscious and she found the following injuries on his person :-
1. 3" x 1" x 1" lacerated wound on right eyebrow. The wound was bone deep. Bone seen. Bleeding was present. X-ray was advised.
The patient was referred to MCH Rohtak for eye-specialist and Surgeon's opinion.
2. Lacerated wound of size 1/4" x 1/4" x 1/4" just below right eye beneath the right lower eye. Injury was bone deep. Bone was seen. Fresh bleeding was present. X-ray was advised. Patient was referred to MCH Rohtak for surgical opinion and further treatment.
3. Lacerated wound of size 1 1/2" 1/2" on parietal region of scalp about 10 cm above the left pinna. Fresh bleeding was present. X-ray skull was advised.
4. 5" x 1/2" linear contusion red coloured on back extending from top of shoulder joint to the angle of scapula.
36-37. As per the opinion of the doctor, the injuries were caused by blunt weapon within a duration of 24 hours. Surgeon's opinion was sought.
38. On the same day at 3.30 p.m. she medico-legally examined Amar Singh son of Ujala Ram, aged 46 years. The patient was conscious and she found the following injuries on his person :-
1. Lacerated wound 1 1/2" x 1/4" x 1/4" on right side of parietal region of scalp, about 2 1/2" above the right pinna. Blood clot was present. X-ray was advised.
2. 5" long x 2" in breadth obliquely placed red contusion on the right side just above the right mammary up to middle of sternum on left side, 2" medial to mammary. The patient was complaining of pain during respiration. X-ray was advised of chest. Referred to MCH Rohtak for Surgeon's opinion and further treatment.
3. Multiple contusion of red colour of sizes 1 cm x 2 cm in width, 1 cm breadth on left arm about 3" above the elbow dorsolateral aspect.
4. Multiple contusion 3 in number on right hip of size 1" x 1/2" x 1/2", red in colour.
5. Complained of pain on left hand below the little finger, left side X-ray was advised.
6. There was swelling of the size 1 1/2" x 1 1/2" on occipital region of scalp just above the nape of neck. X-ray was advised.
39. In the opinion of the doctor, injuries Nos. 3 and 4 on the person of Naresh were caused by blunt pointed weapon and rest of the injuries were caused by blunt weapon within a duration of 24 hours. Injuries Nos. 3 and 4 were declared simple. Injuries Nos. 1, 2 and 5 were kept under observation and Surgeon's opinion was sought.
40. We have heard arguments advanced by Mr. T. P. S. Mann, Advocate for the appellants and Mr. Amol Rattan Singh, Assistant Advocate General for the State of Haryana.
41. The occurence in this case has taken place on 28-3-1992 at 7.25 a.m. in village Kasrenti; the statement of Ram Karan-complainant, PW-5, was recorded on 28-3-1992 at 1.30 p.m. in Civil Hospital, Rohtak and the formal First Information Report came into existence on 28-3-1992 at 2.30 p.m. at Police Station Sampla, District Rohtak. The Special Report reached the Magistrate on 28-3-1992 at 4.30 p.m. There is a delay of 9 hours from the time of the occurrence and the Special Report reaching the safe hands of the Judicial Magistrate I Class, Rohtak. There is no inordinate delay as after recording of the First Information Report, the Constable carrying the Special Report had to travel a distance of about 25-30 Kilometres to deliver the special report.
42. On scrutinising the statement of PW-5 Ram Karan, the injured witness has stated that the accused were armed with deadly weapons when they waylaid Om Parkash and Ram Kumar who were going to the Bus Stand. It has come in evidence that the distance of the Bus Stand from the house of deceased-Rati Ram is about 200 feet. It is strange that though the accused were armed with deadly weapons, the injuries inflicted to Ram Kumar were not fatal. It is also strange that Om Parkash, who was also waylaid, was allowed to conceal himself nearby in the bushes without any injury. While separating the grain from the chaff, this occurrence does not seem to have taken place. The appellants, namely, Chandgi Ram son of Gorkha, Lila son of Gordhan, Surja son of Gorkha, Jagdish son of Kanhiya and Ram Chand son of Gorkha do not seem to be going along with accused persons and have been roped in wrongly. Giving the benefit of doubt, they are acquitted of the charge.
43. Going through site plan, Exhibit PAA, it becomes clear that the place of occurrence and the houses of the complainant-party and the accused are very close to each other and only a lane is separating them. As earlier mentioned, the bus stand is also approximately 200 feet away. The blood has been lifted from the place of occurrence, i.e., point 'A' as shown in the site plan, which fixes the place of occurrence, which is nearer to the house of the complainant, where his father, deceased-Rati Ram, was sitting on the cot.
44. The defence taken by the accused Ballu in his statement recorded under Section 313, Code of Criminal Procedure, is reproduced as under :-
"My son Bhoma had slapped Kala son of Lillu PW. Lillu was nourishing grudge. On the day of occurrence in the morning, Amar Singh and Takdir were going towards Bus-Adda. They were attacked by Lillu, Sandeep, Ranbir, Ram Karan, Ram Kumar, Satbir, Brahma Nand and Rati Ram. They were armed with lathis and Jailies. Amar Singh and Takdir raised alarm. I, Darshan and Naresh went there to save them duly armed. On the other side, Roshni and Sumitra also reached. Abovenamed PWs started causing injuries to us also. We acted in the defence of Amar Singh, Takdir and in our own self-defence, caused some injuries to the prosecution-party and some of the injuries were received by them by fall and they received some injuries during scuffle. I and Naresh live in the same house near bus-adda. Sardara and Om Parkash PWs were not there."
45. The medical evidence, which has been reproduced above, has corroborated the injuries on the persons of the complainant-party and no dent could be made in the testimony of the injured witnesses, PW-5 Ram Karan, PW-8 Ram Kumar, PW-10 Smt. Roshni and PW-11 Satbir Singh. They have got corroboration from the medical evidence. PW-8 Ram Kumar, PW-10 Smt. Roshni and PW-11 Satbir Singh have corroborated the statement of PW-5 Ram Karan-complainant. They, being stamped witnesses, cannot be wholly disbelieved except to the extent that they have roped in accused Chandgi Ram, Lila, Surja, Jagdish and Ram Chand.
46. The accused, namely, Takdir, Sri Bhagwan Darshan, Naresh, Ballu and Hawa Singh early in the morning were armed with deadly weapons. The only conclusion one can draw from this is that they had in mind to take revenge of the insult they were feeling of the previous day's fight. The accused-party, i.e., Takdir, Amar Singh, Sri Bhagwan, Darshan, Naresh, Ballu and Hawa Singh were the aggressors and attacked the complainant-party, who came on to the scene later on when they saw Rati Ram was receiving injuries. Ram Karan-complainant, PW-5, has explained the 15 injuries on the persons of the accused which were caused by them in self-defence in order to save themselves and the life of Rati Ram, who breathed his last on the way to hospital.
47. PW-7 Bharat Singh, Sarpanch, also corroborates the version of the complainant, but it is strange as to why the application dated 27-3-1992 which was given to him and also the application given to the police, has not been brought on record. This also would have helped the Court in coming to the conclusion as to the nature of the dispute and as to who were involved in it. Ishwar Singh, Sub-Inspector, PW-13, has stated that. "..... I did not receive any application allegedly given by Dilbagh Singh on 28-3-1992 in the Police Station. Bharat Singh, Sarpanch, never submitted any application to me. No such application was moved before me by any panch regarding this matter ..........."
48. With the above observations, the appeal filed by the appellants is partly allowed. The sentences awarded by the trial Court to accused, namely, Takdir son of Surja, Amar Singh son of Ujala, Sri Bhagwan son of Ram Chand and Darshan son of Gordhan for offences under Sections 148, 302/34, 325/149, 324/149, and 323/149 of the Indian Penal Code are upheld. The sentences awarded by the trial Court to accused, namely, Naresh, Ballu and Hawa Singh for offences under Sections 148, 325, 325/149, 324/149 and 323/149 of the Indian Penal Code are upheld.
49. So far as Criminal Revision No. 957 of 1995 filed by Ram Karan (complainant) is concerned, we do not find any reason to interfere. Therefore, the criminal revision stands dismissed.
49. Appeal partly allowed.