JUDGMENT :

Dipak Misra, J.

The present appeals, by special leave, have been preferred against the common judgment and order dated 18.03.2005 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 78-DB & 146-DB of 1997 with Criminal Revision No. 219 of 1997 whereby the Court has declined to interfere with the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Hisar in Sessions Case No. 40 of 1993 for the offences Under Sections 148 and 302 read with Section 149 of Indian Penal Code and affirmed the sentences of imprisonment for life and payment of fine of Rs.1000/- by each with the default clause Under Section 302 read with Section 149 of Indian Penal Code and rigorous imprisonment of two years Under Section 148 Indian Penal Code with the stipulation that both the sentences shall be concurrent.

2. Shorn of unnecessary details, the prosecution version is that on 28.06.1993 the informant, Satbir Singh, PW 3, along with his two brothers, namely, Mahinder Singh, PW 7 and Prabhu Dayal (deceased) had gone to Hisar to enroll themselves in the Border Security Force for which interviews were being held at Hisar. About 3.00 p.m. all of them returned from Hisar in a Mechanised Cart (Pater Rehra) and alighted at the bus stand of their village, Sadalpur. At that time, the accused-Appellants, namely, Man Singh, Radhey Sham, Bhal Singh, Ram Kanwar, Raja Ram, Mange Ram, Kirpa Ram and Prem Singh emerged from the rear of Kotha (chamber), located nearby, Het Ram armed with a gun and all others armed with lathis. All of them raised a lalkara with the intention to assault the informant and his two brothers, Mahinder Singh and Prabhu Dayal, as the later had earlier caused injuries to them. Forming an unlawful assembly, with the common object they inflicted injuries on Prabhu Dayal with their lathis and butt of the gun. Prabhu Dayal fell down on the road. Being scared, the informant and his brother Mahinder Singh ran away and stood near the wall of the water reservoir. Thereafter, Om Prakash came on a tractor bearing registration No. HR-20A-8022, ran over Prabhu Dayal and fled away from the scene of occurrence along with their weapons in the tractor. The informant and his brother Mahinder Singh went to see the condition of Prabhu Dayal who had sustained injuries on his arms, legs, waist and head and bleeding profusely. He was taken to the Government Hospital, Adampur in a Mechanised Cart and first aid was given to him. During his examination by the medical officer he succumbed to his injuries at 5.50 p.m. and the hospital staff informed the nearby police station about his death. The Investigating Officer, Ronaski Ram, PW-8, recorded the statement of Satbir Singh, PW-3, and on that base registered an FIR No. 100/93 at 7.45 p.m. and the criminal law was set in motion.

3. In course of investigation, the investigating agency prepared the inquest report, got the post mortem conducted and collected the blood stained earth vide seizure memo Ext. PM. On 2.07.1993 the Investigating Officer arrested Man Singh, Radhey Shyam, Ram Kumar, Raja Ram and Om Prakash. All of them led to discovery of the weapons used in the alleged commission of crime. After completing the investigation charge-sheet was placed against the aforementioned accused persons.

4. The accused persons pleaded innocence and false implication due to animosity. Be it noted, in course of trial after some evidence was recorded, the learned trial Judge, on the basis of an application preferred by the public prosecutor Under Section 319 of the Code summoned the other accused persons, namely, Bhal Singh, Mange Ram, Kirpa Ram, Het Ram and Prem Singh to face trial.

5. In order to prove its case, the prosecution, examined eight witnesses, namely, Dr. Pratap Singh, PW-1, Om Prakash, Patwari, PW-2, Satbir Singh, PW-3, Dr. P.L. Jindal, PW-4, Basant Kumar, PW-5, Ram Kumar, Asst. Sub Inspector, PW-6, Mahinder Singh, PW-7 and Ronaski Ram, Investigati