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The facts of the case are being taken from Crl.Appeal No.372 DBA of 1998 titled "State of Haryana v. Dharambir and others" filed by the State of Haryana.

In nut-shell, the facts of the prosecution case are that on 27th June, 1993, at about 9.30 p.m., accused Dharambir, Phool Singh, Chandan Singh, Charan Singh,Ganga Ram, Kamal Singh, Dhan Singh, Lakhbir and Prem Chand armed with deadly weapons like lathis, jelli, darati, axes, and palkati had committed the murder of Karan Singh, besides causing grievous injuries on the person of Dhir Singh by sharp edged weapon and simple injuries on the person of Dhir Singh, Ramesh, Sumer and Ishwar Singh by blunt weapons as there was some dispute over putting earth in the plot of Karan Singh deceased. On objection being raised by Karan Singh, the accused started calling bad names to Karan Singh deceased. The accused-respondents armed with their respective weapons came at the spot. On hearing the alarm, Ramesh Chand and his brothers Dhir Singh (PW6), Sumer Singh (PW-7) and Ishwar Singh also came there. Dharambir accused inflicted a blow by means of a palkati which fell on the left side of the head of Karan Singh, as a result of which, he fell down. When complainant Ramesh, Sumer Singh, Dhir Singh and Ishwar Singh came forward to save Karan Singh deceased, then accused Chandan Singh inflicted a lathi blow on the left side of the head of Ramesh Chand, Phool Singh accused inflicted two lathi blows on the left arm of Ramesh, Charan Singh accused inflicted a blow with a sickle on left palm near middle finger of Ramesh. Kamal Singh accused inflicted a lathi blow on left knee of Ramesh, as a result of which, he fell down. The accused also caused injuries to Dhir Singh, Sumer Singh and Ishwar Singh. When Dhir Singh came forward to save his father Karan Singh, then Dhan Singh accused gave a kassi blow to Dhir Singh which hit on his left hand. Chandan Singh accused gave a lathi blow on the head of Dhir Singh. Prem Singh accused gave lathi blow on the back of Dhir Singh and Lakhbir Singh accused gave a kulhari blow on the right hand of Dhir Singh. Ganga Ram accused gave jelly blow on the back of Ishwar Singh and Chandan Singh, Prem Singh and Kamal Singh accused gave lathi blows on the person of Ishwar Singh. When Sumer Singh came forward and tried to save the injured person, then accused Ganga Ram gave a jelly blow on the face of Sumer Singh witness. Prem Singh and Charan Singh accused gave lathi blows to Sumer Singh on his back side and on head. Thereafter, Rajender Singh and Lakhan Singh, eye-witnesses, reached at the spot and removed the injured to B.K.Hospital, Faridabad. Injured Karan Singh was referred to AIIMS, Delhi by B.K.Hospital and he died on 3rd July, 1993 due to the injuries suffered by him.

Mr. R.S.Rai, learned Senior Counsel, appearing for accused- respondents, pointed out that accused Dharambir has since expired after his conviction and as far as the role of other co-accused is concerned, only simple injuries were caused to the complainant party and the injuries received by the complainant party were simple in nature. Moreover, the complainant party was more aggressive and initiation was on their part. Ramesh Chand (PW-4), Dhir Singh (PW-6) and Sumer Singh (PW-7) received five injuries each, whereas Ishwar Singh received three injuries.

We have heard the arguments of learned counsel for the parties and also perused the documents on record and other evidence available on the record.

As per prosecution story, on 27th June, 1993 at about 9.30 p.m., both the parties constituted an unlawful assembly after arming themselves with deadly weapons like lathis, jeli, sickle, palkati etc with the object of committing riots and murder and in prosecution of the common object of the unlawful assembly committed murder of Karan Singh besides causing grievous and simple injuries on the persons of Dhir Singh, Ramesh, Sumer and Ishwar Singh. Both the parties were related by a common ancestor. Both sides received injuries in the incident. Some injuries on both sides were grievous and some injuries were simple. The injury on the person of Karan Singh caused by Dharambir proved fatal due to which the death of Karan Singh occurred. As per version of the accused-respondents, the complainant party was more aggressive and they were fully armed with their respective weapons. The initiation was on the part of the complainant party. As per version of the complainant party, all the nine accused constituted unlawful assembly and inflicted grievous injury on the person of Karan Singh. Simple injuries were caused on the person of Ramesh Chand (PW-4), Dhir Singh (PW-6), Sumer Singh (PW7) and Ishwar Singh by blunt as well as sharp weapons. Ramesh Chand (PW4) received 5 injuries, out of them, 4 injuries were found to be caused by blunt weapon and one was by sharp edged weapon. As per statement of Ramesh Chand PW4, he was given a lathi blow by accused Chandan, Phool Singh and Kamal on his head, hand and finger. Dhir Singh (PW-6) received 5 injuries out of which, injuries No. 1 and 3 were caused by blunt weapon and rest by sharp edged weapon. Injury No.4 on his person was declared grievous in nature. As per statement of Dhir Singh PW-6, when he was rescuing his father Karan Singh, Dhan Singh accused caused kassi blow on his left elbow from sharp edged side. It was further stated by Dhir Singh that Chandan Singh accused inflicted lathi blow on his head, Prem Chand inflicted a lathi blow which hit on his back, Lakhbir gave a kulhari blow on his right hand, Charan Singh gave a darati blow from sharp side on his left knee. Sumer Singh (PW-7) also suffered as many as 5 injuries on his person. These injuries were caused by Ganga Ram by using jelly and lathi blow by Prem Chand and Kamal Singh. Ishwar Singh received 3 injuries which were simple in nature and these injuries were caused by Chandan Singh and Prem Singh accused.

The trial Court on the basis of respective roles of the accused- respondents and medical evidence held Dhan Singh accused guilty under Section 326 IPC for causing grievous injury. Lakhbir Singh and Charan Singh accused were held guilty under Section 324 IPC for causing simple injuries on the person of Dhir singh and Ramesh Chand by sharp edged weapons. Accused Chandan Singh, Prem Chand, Ganga Ram, Kamal Singh and Phul Singh were held guilty for commission of offence under Section 323 IPC for causing simple injuries on the person of Dhir Singh, Sumer Singh, Ramesh Chand and Ishwar Singh. The main accused Dharambir to whom vital injury on the head of Karan Singh has been attributed, held guilty under Section 304 Part-I, IPC.