JUDGMENT

CHANDRAMAULI KR. PRASAD, J.

1. All these appeals by grant of leave arise from the judgment dated 25th May, 2006 passed by the Punjab and Haryana High Court in Criminal Appeal No. 918-DB of 2003 and as such they were heard together and are being disposed of by this common judgment.

2. Criminal Appeal No. 628 of 2007, Criminal Appeal No. 1273 of 2007 and Criminal Appeal No.1274 of 2007 have been filed by the appellants against the judgment of conviction and sentence whereas Criminal Appeal No.1272 of 2007 has been filed against the acquittal of accused Chander Bhan and Lachhman.

3. The prosecution started on the basis of the report given by PW.1, Randhir before the Assistant Sub-Inspector of Police in Civil Hospital, Jind on 21.4.1997 at 1.30 P.M. According to the First Information Report, there was litigation between Baba Krishangir and Baba Joragir in respect of 105 Killas of land in village Pokhri Kheri which travelled upto the Supreme Court and decided in favour of Baba Krishangir, who was in possession thereof. It has been alleged that in August last year, followers of Joragir fired at Krishangir at Jind Court as Joragir wanted to take possession of the land. Informant claims to be the supporter of Krishangir and according to him on 21.4.1997 at 7 A.M. he along with other persons including PW.3, Vedpal were at the Dera and at that point of time appellant Rajbir (appellant in Criminal Appeal No.1274 of 2007), appellants Rajesh, Dharamvir son of Rajmal, Hoshiara, Jage, Dharamvir son of Maha Singh, Ram Mehar alias Babru Dass and Prem Singh (appellants in Criminal Appeal No.1273 of 2007) and Ramesh (appellant in Criminal Appeal No.628 of 2007) besides the accused persons acquitted by the trial court and those acquitted by the appellate court variously armed came to the place of occurrence from the house of Joragir situated nearby. It has been alleged by the prosecution that Chander Bhan, since acquitted by the High Court, gave exhortation to other accused persons to teach a lesson to the followers of Krishangir present there for not allowing them to enter the land, whereupon all the accused persons attacked them. This was protested by Krishan a supporter of the Dera, who came to the place of occurrence on hearing the noise and asked the accused persons as to why they were assaulting the followers of Krishangir. At this, appellant Dharambir son of Rajmal fired from his pistol which caused injury on the face of Krishan and he fell down there. Prem Singh fired from his pistol at PW.3 Vedpal on his right shoulder. Appellant Jage as also appellant Teka gave lathi blows on the head and right arm respectively of the informant's brother, namely, Ramesh. Appellants Ramesh and Ram Mehar besides another accused assaulted Raj Kumar causing injuries on the left arm, left hand and head. Appellant Dharambir son of Maha Singh gave two lathi blows on the head of the informant, namely, Randhir. Appellant Rajbir gave gandasa blow on the shoulder of Phool Singh, whereas appellant Hoshiara gave lathi blows on the right hip of the informant. Appellant Rajesh is alleged to have shot at the informant from his pistol causing injury on his left hand. During the fight, according to the prosecution, Darbara son of Chhotu Ram and Rajpal son of Nafe Singh came to the spot and witnessed the occurrence and the accused persons on their arrival ran away from the place of occurrence. Bhim Singh son of Nafe Singh took the injured Krishan to the Civil Hospital, Jind in a tractor but he succumbed to the injury in the way.

4. On the basis of the aforesaid information, a case under Sections 302, 307, 448, 449, 323, 324, 148 read with Section 149 of the Indian Penal Code and Sections 25 and 54/59 of the Arms Act was registered against the appellants and other accused persons since acquitted by the trial court as also the appellate court. Police after usual investigation submitted the charge-sheet and the accused persons were committed to the Court of Sessions t