JUDGMENT

Pattanaik, J.-The appellants Suresh Singh and Mohinder Singh have been convicted under Section 302 IPC and have been sentenced to under­go life imprisonment whereas the appellant Chander Pal has been con­victed under Section 304 Part I IPC and has been sentenced to undergo rigorous imprisonment for 10 years by the High Court of Punjab & Haryana. These three appellants and seven others were tried by the learned Additional Sessions Judge, Rewari for offences under Sections 148/149/324/ 325/302/307 IPC, for having formed an unlawful assembly and committing murder of Mahipal as well as having injured Chand Ram, Chander Deep and Rajbir, when they came to rescue Mahipal. Learned Sessions Judge acquitted four of the accused persons of all the charges after screening the prosecution evidence on a finding that those acccused persons were not present at the spot but they were named later on to implicate as many persons as possible from the side of the accused. The Sessions Judge also acquitted rest of six accused persons of the charge under Section 307 read with Section 149 IPC, but convicted them under Sections 148/302/323/324/325 read with Section 149 IPC. The convicted accused persons preferred an appeal to the High Court and the High Court by the impugned judgment acquitted three more accused persons of all the charges levelled against them and acquitted the present three appellants of rest of the charges and convicted only under Section 302 and 304 Part I IPC, as already stated and hence the present appeal.

2. The prosecution case as unfolded in the first information report given by PW5 is that while deceased Mahipal was sitting on a cot in front of his house on 13.9.89 at 5.30 P.M., all the accused persons armed with different deadly weapons arrived there and accused Ramesh­war having given a lalkara that Mahipal should not be allowed to go, they gave diffferent blows on different parts of the body of Mahipal. Hearing the cries of Mahipal, when his brothers Chand Ram, Chander Deep and Rajbir rushed to the spot, they were also attacked and there­after the accused persons left the scene of occurrence when the vil­lagers had been collected at the spot. According to prosecution ver­sion the motive behind the occurrence was that Rameshwar was the Sarpanch of the village and on account of instigation from Mahipal when several members of the Punchayat did not attend the meeting, no meeting could be held on account of lack of quorum and it is on this score that Rameshwar and his people had a grudge against Mahipal and they avenged of the same by assaulting him on the fateful day. On the basis of the aforesaid report of PW5, the investigation proceeded and ultimately charge-sheet was submitted and the accused persons stood their trial. The deceased Mahipal had sustained as many as 8 injuries on his person and the doctor PW17 who conducted autopsy over the dead body opined that the death was due to shock and haemorrhage due to the injuries which were ante-mortem in nature and were sufficient to cause death in the ordinary course of nature. This conclusion of the learned Sessions Judge based on the evidence of PW17 has not been assailed in any form. The defence put forth by the accused persons was a denial of prosecution allegation. The accused persons had taken the plea that it is Mahipal, chand Ram, Chander Deep and Rajbir who were armed with lathi and sharp edged weapons and caused injuries to accused Chander Pal, Mohinder Singh and Parbati, who in self defence of their person have caused the injuries on Mahipal, Chander Deep, Chand Ram and Rajbir. The learned Sessions Judge came to the conclusion that accused Balbir, Ram Kishan and Ram Sarup were not present at the spot and they were named later on to falsely implicate them from the side of the accused. He also came to the conclusion that accused Ram Sarup an aged man of 90 years, hardly steady on his legs cannot be believed to have given jelly blow on Mahipal and, therefore, s