Judgement

JAGANNATHA SHETTY, J.:- These appeals are directed against the judgment dated September 17, 1979 of the High Court of Punjab and Haryana acquitting all the accused by setting aside the conviction and sentence under S. 302 read with Ss. 149 and 148 of the Indian Penal Code.

2. Three brothers, Balbir Singh, Bhagat Singh and Raja Ram were murdered on April 23, 1975 at about 3-4 p.m. The prosecution story was that Hari Singh, PW 4 and his brothers, Balbir Singh and Bhagat Singh along with Raja Ram were working in their fields on that fateful day. At that time, their buffalo chanced to have trespassed into the fields of Bhagat Ram alias Bhagtu, son of Rulia Ram. On this Bhagtu and his brother Jai Narain accompanied by Raja Ram came to the fields of the deceased to make a complaint. Lajja Ram, deceased assured these people that such a thing would not happen again. On this assurance being given, the said three persons went away. The prosecution story further went on to state that after about one hour of the said incident not only the three persons mentioned above but the remaining accused persons also came and stayed on the doul of the field of these persons. Bhagat Ram was stated to have been armed with kulhari (axe) Jagan Nath armed with a gandasi and the remaining persons were carrying lathis. They started raising lalkars and calling bad names. Balbir Singh brother of the complainant asked them not to do so. The accused took Balbir Singh towards their fields and started beating him. Lajja Ram and Bharat Singh deceased started running towards the accused in order to rescue their brother Balbir Singh. Smt. Patauri (PW 5), mother of Balbir Singh also started running raising a raula "Bachao, Bachao". On hearing her alarm, one Surinder Singh, son of Kala Ram also came there. Bhagat Ram gave a kulhari blow on the head of Balbir Singh while he was being dragged to the field of one Mangal. Jagannath gave two gandasi blows on his head on receipt of which the latter fell down and thereafter Amar Nath gave lathis blows on his back and neck. Balbir Singh died there and then. When Lajja Ram tried to intervene to save Balbir Singh, then on the lalkara of Amar Nath, Baij Nath, Parshotam Das, Raja Ram and Bhagat Ram gave some lathi blows to him. When Lajja Ram fell down on receipts of injuries, Bhagat Ram son of Sardha Ram and Jagan Nath gave kulhari and gandasi blows on his head and face. Amar Nath also gave lathis blows to him. As a result of injuries, Lajja Ram also died there and then. Ram Naresh, Ram Autar, Jai Narain and Rameshwar Dass surrounded Bhagat Singh and they started causing injuries to him with their lathis. When Bharat Singh fell down, Bhagat Ram son of Sardha Ram and Jagan Nath gave injuries to him with kulhari and gandasi. Bharat Singh succumbed to his injuries. Surinder Singh and Smt. Patauri raised alarm. It is stated that Amar Nath gave lalkara that the informant may also be caught and then the latter ran away to save his life.

3. This information was given to the Police Station, Butane, by Hari Singh, PW 4, younger brother of the deceased. Sub-Inspector, Beant Singh (PW 9) started investigation and later on arrested the accused. The autopsy on the dead body of Balbir Singh was conducted by Dr. S. L. Chhabra, PW 1. He has found five injuries. Injury No. 3 was crushing on the left back of the head. The post-mortem of the dead body of Bhagat Singh was conducted by Dr. J. K. Jain, PW 10. He found 12 injuries. The autopsy of Raja Ram was conducted by Dr. Subita Anjwai, PW 11, who found 13 injuries. Some of them were, incised and perforated.

4. The prosecution examined in all 11 witnesses. Hari Singh, PW 4 and Mst. Patauri, PW 5 furnished their own version of the incident being eye-witnesses.

5. When the accused were examined under S. 313 of the Code of Criminal Procedure, they denied the prosecution allegation. Jai Narain gave his own version as under :

"I was working in the pair in my field. The wheat crop had been entirel