Judgment

SARKARIA J. :- The facts giving rise to this appeal by special leave are as under:

Jagga had three sons; Bishna, Ram Lal and Har Lal. Ram Dia, Dal Singh and Ran Singh deceased were the sons of Bishna. Ram Lal and his sons, Chawla and Dhanna, Har Lal, his son, Puran and Har Lal s grandson, Mukhtiara, are the accused in this case.

2. During consolidation operations in their village, Deora, dispute arose between Ram Lal and Har Lal on one side and Bishna on the other over the allotment of a plot, measuring 4 1/4 acres. This plot was allotted by the Consolidation Officer to Bishna; but in revision, the Additional Director, Consolidation on May 4,1968, set aside the order of the Consolidation Officer and allotted it to Ram Lal and Har Lal, accused. Bishna died and the deceased succeeded him. Aggrieved, the deceased persons moved the High Court under Article 226 of the Constitution for bringing up and quashing the order of the Director. The High Court dismissed this petition on July 14, 1971 and upheld the order of the Director. On October 4, 1971, the Assistant Collector made an order that, in implementation of the order of the Director of Consolidation, the land be demarcated at the spot and possession delivered to the allottees. It was further directed that the land be mutated in favour of the allottees. On October 5, 1971, the Kanungo in compliance with the Assistant Collector s order, demarcated the land at the spot and delivered symbolical possession of

Kila Nos. 129, 129, 129, 129

7 17/1 14 16 as those fields were under crop. He delivered actual possession of the other fields, comprised in the allotment, which were not under crops, including

Khasra No. 129,

6/2 to the accused, Ram Lal and Har Lal. The deceased persons, however, did not submit to this symbolical and actual delivery of possession. They instituted a suit in the Civil Court at Kaithal and obtained an ex parte interim injunction restraining the accused from taking possession of the land. This injunction was served on Ram Lal accused on November 5, 1971.

3. On November 11, 1971, Ram Dia, Dal Singh and Ran Singh deceased went to the fields with their ploughs. Dal Singh started reaping chari crop. Ran Singh started ploughing the field, while Ram Dia went on a round of the field. At about 11 a. m., all the six accused in a body, reached the field. Puran and Ram Lal were armed with Suas (iron spiked sticks), Dhanna with a Gandasa, and Har Lal, Mukhtiara and Chawla with lathis. On reaching the spot, Har Lal exhorted his companions to kill the deceased. Thereupon, Chawla, Puran and Ram Lal gave blows with their respective weapons to Ram Dia. Ram Singh came to the rescue of his brother. Thereupon, Dhanna and Mukhtiara assaulted him with their respective weapons. Dal Singh interceded but all the six accused belaboured him. The occurrence was witnessed by Smt. Mali, Nasib Singh and Shadi who had run to a safe distance and stood there. After the assault, the accused ran away taking their weapons with them. Ram Dia died at the spot. Dal Singh succumbed to his injuries after his admission in the Civil Hospital Kaithal, while Ran Singh expired in Medical College Hospital. Rohtak on November 13, 1971.

4. The Sessions Judge convicted and sentenced Chawla, Puran and Mukhtiara accused to death under Sections 302/34, Penal Code. He further convicted them under Sections 302/149 on three counts and sentenced them each to imprisonment for life. A conviction under Section 148, Penal Code with a sentence of one year s imprisonment each was also recorded. The remaining accused were also convicted under Sections 302/149 and 34 and 148. Penal Code and on the capital charge sentenced to imprisonment for life, each.

5. On appeal, the High Court commuted the death sentence of Puran to one of imprisonment for life on the ground that it was not known as to which of the three fatal injuries to Ram Dia had been caused by Puran. It confirmed the death sentences of Chawla and Mukhtiara for committin