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The incident occurred at about 02.30 p.m. on 25.10.1984 in a village known as Kantharia within the jurisdiction of Jharda Police Station. It was alleged that when Shivnath Singh (PW-13) was sitting in his house along with Ram Pratap Singh (PW-18), Prem Singh (deceased) and Bhom Singh (PW-19), accused persons Mohan Singh, Manohar Singh, Kripal Singh (A-12), Laxman Singh and Karan Singh (A-9) were also sitting nearby, abuses were exchanged between both the parties.

Jaswant Singh (PW-12) asked members of both the parties not to hurl abuses to each other. Kripal Singh (A-16), Bhupendra Singh @ Bhopal Singh (A-17) and Kuber Singh armed with 12 bore guns at that time came from the old village of Kanthariya on a tractor. The said tractor was driven by Bhanwar Singh (A-6). Laxman Singh is said to have been armed with dhariya, Manohar Singh was having spear and stone and other accused were said to have been armed with lathis. When Jaswant Singh asked the accused persons not to quarrel, Manohar Singh pelted stone causing injury on his head, whereupon he fell down on the ground.

Thereafter, Shyam Singh and Kripal Singh (A-12) caused injuries to him by a dhariya. Other accused persons are also said to have assaulted by lathis. Bhupendra Singh (A-17) is said to have fired a gun shot to the chest of Prem Singh and Kripal Singh (A-16) as well as Kuber Singh are also said to have fired shots at Bhom Singh, Meharban Singh (PW-22) and Babu Lal (PW-23). During the incident Hakam Singh (PW-17), Ram Pratap Singh, Rajendra Singh (PW-20), Bhupendra Singh (PW-21), Meharban Singh and Bharat Singh (PW-24) are said to have suffered injuries.

24. Vikram Singh is a witness who had come to the scene of occurrence, a little later. From his evidence, however, it is clear that Shivnath Singh was present at the spot and he had taken the deceased Prem Singh and other victims to the police station.

25. We may notice the deposition of Hakam Singh, in view of the submissions made by Mr. Jain, in some details. According to the said witness, when he was sitting with his elder brother deceased Prem Singh, Shivnath Singh, Ram Pratap Singh, Bhom Singh son of Shambhoo Singh near the house of Shivnath Singh, accused Mohan Singh, Manohar Singh, Kripal Singh (A-12) started hurling abuses. Jaswant Singh tried to intervene, whereupon a stone was thrown by accused Manohar Singh, which hit his head. The tractor carrying Kuber Singh and Kripal Singh (A-16) came at the place of occurrence at that point of time. Admittedly, they were armed with guns. Hakam Singh in his evidence accepted that on abuses being hurled by the accused persons, Shivnath Singh had also hurled abuses. They thereafter reached the corner of the house of Mod Singh, where Manohar Singh had hit Jaswant Singh. Parties had entered into a scuffle with each other, whereafter only the tractor carrying Kuber Singh, Kripal Singh (A-16) and Bhanwar Singh reached. According to him, abuses continued to be exchanged between both the parties for about 4-5 minutes. He also accepted that Shivnath Singh was armed with a lathi and Ram Pratap Singh was having a dhariya, Bhom Singh son of Shambhoo Singh was armed with a lathi, Prem Singh was also having a lathi with him. In his examination-in-chief, he stated that Bhom Singh had hit Kuber Singh with a sword, at that time Kuber Singh had come down from the tractor and he had withstood the attack with the sword on the barrel of his gun.

53. Shyam Singh has assaulted Bhom Singh as also Jaswant Singh with dhariya. This has been proved by Jaswant Singh, Shivnath Singh and Hakam Singh. He had also given a dhariya blow on Prem Singh. He is, therefore, convicted under Section 324 and sentenced to undergo three years' rigours imprisonment and a fine of Rs.1,000/- in default to undergo a sentence of three months. Laxman Singh was also carrying dhariya and hit Jaswant Singh, Ram Pratap Singh and Bhupendra Singh, as stated by Jaswant Singh, Shivnath Singh, Ram Pratap Singh and Bhupendra Singh (PW-21). Karan Singh had caused injury upon Jaswant Singh by a lathi. He is, therefore, convicted under Section 323 IPC. Mangu (A-10) is acquitted of all charges. Kripal Singh (A-12) who had hit Jaswant Singh by a dhariya as also Prem Singh, is convicted under Section 324 IPC. Bhim Singh (A-13) and Narwar Singh (A-14) caused injuries upon Jaswant Singh by lathis. We may notice that Mangu Singh (A-15) has caused an injury to Rajendra Singh, as deposed by Bharat Singh (PW-24).