Mr. M. Jeyapaul, J.:- Accused Manoj @ Sheru, Kuldeep @ Balkar, Harjeet @ Banti, Ashok @ Patwari, Rajneesh @ Thakur, Amit son of Satbir and Amit son of Suresh were sent up by the investigating agency to face trial for the charges under Sections 148, 323, 324, 307, 302, 395 and 447 read with Section 149 IPC and Section 25 of Arms Act. Accused Harjeet @ Banti had died during the pendency of trial and accused Kuldeep @ Pala being a juvenile was sent up to face enquiry before the Juvenile Justice Board. Accused Amit son of Suresh and accused Amit son of Satbir were acquitted of the charges. Therefore, Kuldeep @ Balkar, Ashok @ Patwari, Rajneesh @ Thakur have jointly preferred CRA-D- 394-DB of 2013 and Manoj @ Sheru has independently preferred CRA-D-519- DB of 2013.

2. The case, in brief, of the prosecution is that PW1 complainant Satbir Singh, his sons Rajbir and Udey Singh @ Somvir jointly cultivated the wheat crop in the panchayat land alongwith Baljeet and Attar Singh on lease basis. They had harvested the crop through Combine. On 11.4.2010, at about 10.30 a.m. complainant Satbir Singh having received an information that some people were making chaff of the wheat straw in the panchayat land by a machine, proceeded alongwith his son Udey Singh, his father Mauji Ram, his brothers Rohtas and Ajit Singh, Ashok son of Jagminder and his son Rajbir proceeded to the panchayat land. The complainant party asked the accused party not to make chaff. Accused Manoj @ Sheru was armed with sword, Kuldeep @ Balkar, another Kuldeep and Harjeet @ Banti were armed with ballam, accused Rajneesh and Ashok were armed with Jailies, accused Amit son of Satbir and Amit son of Suresh were armed with Lathies. When the complainant party raised an objection for making the fodder, accused Manoj @ Sheru having given lalkara gave a sword blow on the head of Udey Singh. Accused Balkar gave ballam blow on the right thigh of Udey Singh. Kuldeep gave a ballam blow on the left thigh of Udey Singh. Harjeet @ Banti gave two blows of ballam on both the thighs of Udey Singh. When the complainant party tried to save Udey Singh, all the accused joined together and attacked PW1 Satbir Singh, PW2 Rohtas and PW20 Ajit Singh @ Jeet Singh. PW4 Jagminder reached the spot alongwith licenced double barrel gun. All the accused gave him beatings and snatched his double barrel gun. Thereafter, accused Kuldeep @ Balkar fired about 6 shots upon the complainant party with an intention to kill them, but they narrowly escaped.

3. PW16 ASI Jai Bhagwan recovered a sword and a double barrel gun along with two live cartridges from the house of accused Manoj @ Sheru on the basis of the disclosure statement suffered by him. He also recovered two tractors and one motorcycle and one ballam from the house of accused Kuldeep @ Balkar on the basis of the disclosure statement suffered by him. Accused Rajneesh got recovered one Jaili on the basis of the disclosure statement suffered by him. Accused Ashok got recovered one Jaili on the basis of disclosure statement suffered by him.

4. The FSL report Ex.PA discloses that blood was detected on the ballam recovered at the instance of accused Kuldeep @ Balkar. No blood stain was found on the ballam recovered from accused Harjeet @ Banti and Kuldeep @ Gallar. No blood also was detected from the sword recovered from accused Manoj @ Sheru.

5. PW6 Dr. G.P. Aggarwal medico-legally examined PW2 Rohtas on 11.4.2010 at 12.15 p.m. and found an incised wound over right thigh, another incised wound on the right thigh, bruises on the back and right hip joint. He also medico-legally examined PW4 Jagminder and found lacerated wound on the front of the head, another lacerated wound on the forehead, lacerated wound on the lower lip, bruise on the left hand, swelling on his left knee joint, bruise on the back and multiple bruises on different parts of the body. PW6 also noted that upper incisor tooth was missing from the jacket. He also medico-legally examined PW2