IMPORTANT POINT
In a ‘sudden fight’ section 302, IPC has no application.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division of the Punjab and Haryana High Court dismissing the appeal filed by the appellant.

2. Three accused persons faced trial for alleged commission of offences punishable under Section 302, 323 and 324 read with Section 34 of the Indian Penal Code, 1860 (in short “IPC”) for allegedly intentionally causing the death of Bhanwar Singh (hereinafter referred to as “the deceased”) in furtherance of their common intention and causing injuries to Mukesh (PW.8) and his brother Vinod. The trial court found the accused persons guilty and convicted them for the offences punishable under Sections 302, 323 and 324 read with Section 34 IPC. The appeal was filed by all the three convicted accused persons. Criminal Revision No.474/2005 was filed by the complainant.

3. The prosecution version in a nutshell is as follows:

4. On 30.5.2002, Kanwar Singh (PW.4) complainant along with his brother, namely, deceased Bhanwar Singh was working in the fields known by the name of Yamuna belt. Ram Phal son of Sugna, resident of Goela Khurd, was also ploughing his fields. Besides, the sons of the complainant, namely, Vinod and Mukesh, were also working in the field. At about 12 noon, appellant Nafe Singh armed with a Ballam, Dheeraj armed with a Gandasi and Angrej Singh armed with a lathi, came to their fields and raised a lalkara that Bhanwar Singh be taught a lesson for ploughing the fields, whereafter Nafe Singh gave a Ballam blow to Bhanwar Singh on the right side of his chest on its lateral side lower part, while Deeraj gave a Gandasi blow on his left knee and Angrej gave a lathi blow to him. Upon this, Bhanwar Singh cried “Mar Diya Mar Diya” and on hearing his noise, Vinod and Mukesh went to rescue their uncle Bhanwar Singh; but they were also inflicted injuries by the above three accused with their respective weapons. When Kanwar Singh - complainant along with Ram Phal intervened, the accused along with their respective weapons fled away from the spot. Accused Nafe Singh while leaving told them that his brothers Sahab Singh and Iqbal Singh has lot of money and can manage the affairs. Kanwar Singh, complainant along with Ram Phal went to the spot and found his brother Bhanwar Singh lying dead. Thereafter, Hari Singh son of Phula Singh and his wife Kiran Sarpanch who were coming from the fields along with Jhota - Buggi took the injured to village and subsequently, to Civil Hospital, Panipat. Complainant Kanwar Singh made statement exhibits PB before ASI Randhir Singh in regard to the occurrence which led to registration of formal FIR exhibit PB/1 after making an endorsement Ex.PB/2. After commencement of investigation, both the injured, Mukesh and Vinod, were got medico-legally examined and their medical reports exhibits PE and PF were obtained. The police then moved an application Ex. PG for recording their statements and vide endorsement Ex. PG/1 the injured were declared fit to make statement. The police also moved an application Ex. PH/3 for conducting post-mortem on the body of Bhanwar Singh deceased and post-mortem report Ex. PH, was given. Thereafter, a rough site plan, Ex. PH of the place of occurrence was prepared. The dead body of Bhanwar Singh was got photographed and photographs Ex. P3 to Ex. P6 along with their negatives Ex. P7 to Ex.P10 were collected. A scaled site plan of the place of occurrence Ex. PC was got prepared. Blood soaked earth was also collected from the place of occurrence and taken into possession vide seizure memo Ex. PD. Thereafter, proceedings under Section 174 Cr.P.C. were conducted. All the three accused, named above, were arrested out of whom accused Nafe Singh made a disclosure statement Exhibit PQ on the basis of which he got recovered Ballam, Exhibit P/2, which was taken into possession vide recovery memo Ex. PQ/2 after preparing its rough Khaka Ex. PQ/1. Further, the rough site plan of the place of recovery of the said weapo