JUDGMENT

Swatanter Kumar, J.- We may notice the case of the prosecution in brief at the very outset of this judgment. On 3rd July, 1994, Manohar Lal (deceased) who had retired from service as Subedar in the Indian Army, had taken his wife, Smt. Sushila (deceased) to Delhi for her treatment as she was complaining of pain in the chest. Naresh Kumar, PW-4 is the eldest son of Manohar Lal. All were residents of Village Nandrampurbas, Haryana.

2. In the evening, when PW-4 was putting earth on a ditch in front of his house, accused Matadin and Rajender came there and abused and beat him. However, PW-4 did not lodge any police report in this regard. On 5th July, 1994, Manohar Lal and his wife Sushila returned from Delhi at about 9 AM. At that time PW-4, his sister Rajesh, PW-5 and their brother Suresh were sitting at the gate of their house. When Manohar Lal and Sushila were enquiring about the incident that had taken place on 3rd July, 1994, all the nine accused, namely, Matadin, Rajender, Krishan, Bhim Singh, Shakuntla, Premwati, Kailash, Sarjeeta and Laxmi came there armed with lathis and other deadly weapons. Laxmi opened the assault by giving an iron rod blow which hit Sushila at h