The delay in lodging the FIR is not of consequence if the occurrence is otherwise proved, and the testimony of an injured witness holds relevance. The applicability of Section 149 IPC depends on the evidence presented.

DARSHAN SINGH, J.

The present appeal has been preferred by the appellants against the judgment of conviction dated 16.12.2008, vide which all the five appellants have been held guilty and convicted for the offences punishable under Sections 148/ 302/ 323 read with Section 149 of the Indian Penal Code, 1860 (for short 'IPC') and the order of sentence dated 17.12.2008 passed by the learned Additional Sessions Judge, Amritsar, vide which they were sentenced as under:-

Name of the Convicts	U/S	R.I	Fine	In default
Madha Singh, Bhagwan Singh @ Kahni, Lakha Singh, Satnam Singh @ Bhutto and Dewan Singh @ Dukki	148 IPC	2 years	-	-
Madha Singh, Bhagwan Singh @ Kahni, Lakha Singh, Satnam Singh @ Bhutto and Dewan Singh @ Dukki	302/149 IPC	Life imprisonment	Rs.2500/-	Two months
Satnam Singh @ Bhutto	323 IPC	6 months	-	-
Madha Singh, Lakha Singh, Bhagwan Singh @ Kahni and Dewan Singh @ Kukki	323/149 IPC	6 months	-	-

2. The facts giving rise to this prosecution are that on 14.04.2007, SI Sarabjit Singh SHO, Police Station Lopoke (PW-11), the Investigating Officer of the case received a message from PCR, Majitha that Beer Singh, who had received injuries in a fight was admitted in Guru Nanak Dev Hospital, Amritsar. He had succumbed to the injuries. His dead body had been placed in the mortuary of Guru Teg Bahadur Hospital, Amritsar. The Investigating Officer along with other police officials then reached Guru Teg Bahadur Hospital, Amritsar. The complainant-Dilbag Singh (PW-1) met him and his statement (Ex.PA) was recorded. According to the complainant about 2-3 months earlier, his sister-in-law Gurmit Kaur (wife of his deceased brother-Beer Singh) had expired. His mother-Mohinder Kaur and his brother (deceased- Beer Singh) suspected that something wrong had been committed by Viri wife of accused-appellant- Lakha Singh and due to that reason Gurmit Kaur fell ill and died. On account of this, the family of the accused was defamed in the village and they started nursing a grudge against his brother-Beer Singh and his mother-Mohinder Kaur. On 13.04.2007, at about 10.00.a.m., his mother-Mohinder Kaur was going in the street. Then, accused-appellant-Lakha Singh, Bhagwan Singh @ Kahni, Dewan Singh @ Dukki and Madha Singh gave a beating to his mother in front of their house. Sakatar Singh son of Ex. Sarpanch Satnam Singh called them for a meeting at 5.00.p.m on that date in order to mediate in their dispute.

The Complainant-Dilbag Singh, deceased-Beer Singh, his father Gura Singh and nephew-Harjinder Singh started harvesting the wheat crop in the fields of a co-villager Hardev Singh. At about 4.00.p.m, the accused-Satnam Singh @ Bhutto armed with a 'Dang' (lathi), Lakha Singh armed with a 'Datar', Bhagwan Singh @ Kahni armed with a 'Datar', Madha Singh armed with a 'Gandassi' and Dewan Singh @ Dukki empty handed came running from the side of the village towards them. Accused-appellant Dewan Singh @ Dukki raised a lalkara that “Biria (Beer Singh) you are spoiling our reputation in the village. Run away wherever you can. We will not spare you.” At this, his brother-Beer Singh ran towards the Behak (Farm House) of Hardev Singh in order to save himself. They also followed him. Beer Singh entered the cow shed. The accused-Madha Singh while following him inflicted a gandassi blow on his head. The accused-Lakha Singh and Bhagwan Singh @ Kahni also gave 'Datar' blows on the head of deceased-Beer Singh. Then, accused- Dewan Singh @ Dukki took the 'Datar' from accused-Bhagwan Singh @ Kahni and inflicted 'Datar' blow on the head of Beer Singh. Beer Singh fell down on the ground. The accused-Satnam Singh @ Bhutto also inflicted a 'lathi' blow just below the left eye of Beer Singh. Accused- Madha Singh gave another 'Gandassi' blow on the left side of the head of Beer Singh. The complainant came-for