The court emphasizes the primacy of ocular testimony over medical evidence in assessing culpability in assault and murder cases, reinforcing the need for a clear understanding of individual roles in incidents of group violence.

JUDGMENT :

Gurvinder Singh Gill, J.

Tek Chand, Neki Ram, Ganesha, Surta, Veerbhan, Parkash, Shishpal @ Sainsi, Nanu Ram, Krishan and Nafe Singh @ Nafiya preferred this appeal assailing judgment dated 10.2.2005 and order dated 12.2.2005 passed by Additional Sessions Judge, Kaithal. However, Tek Chand and Ganesha having expired, the proceedings qua them stand abated. The trial Court while holding them guilty imposed sentence as under:-

2. The matter arises out of FIR No. 116, dated 02.07.2002, Police Station Siwan, District Kaithal, under Sections 148 , 302, 323, 324, 325, 149 IPC (Ex.PA/1), lodged on the statement/ruqa (Ex.PA) of complainant Ram Kala son of Mangat Ram. The translated gist of the FIR reads as under:

"I am a resident of village Kawartan. We are three brothers. Ram Dia is eldest and I am younger to him and the youngest is Rameshwar. We have agriculture land measuring 22 killas which is situated about 2 kilometers away from the village. The fields of Tek Chand, Neki Ram, Surta Ram and Ganeshi Ram who are sons of Puri Ram are situated adjacent to our fields. A water channel passes through our fields leading to the fields of Tek Chand etc. We had initiated litigation to get the said khal' (water channel) dismantled in the Court of XEN (Canal) Kaithal and the same had been decided in our favour. As per the said decision, the water channel was to remain in existence only upto 30.6.2002 and thereafter the same was not required to be maintained. Today i.e. on 02.07.2002 at about 8/8.15 am, I along with my brothers Rameshwar and Ram Dia along with our father Mangat Ram started demolishing the water channel with the help of kassis'. In the meantime, four sons of Puri Ram namely Tek Chand and Neki Ram carrying gandasi', Surta Ram carrying lathi' and Ganesha Ram carrying jaili' along with three sons of Tek Chand namely Beeru, Krishan and Nanhu who were carrying lathi' and two sons of Neki Ram namely Sainsi and Parkasha carrying gandasi' in their hands and also brother-in-law of Tek Chand carrying lathi' came there having made consultations with each other. Tek Chand raised a lalkara' exhorting his companions to teach all of us a lesson for demolishing the water channel. Thereafter, all of them attacked us with their respective weapons. Tek Chand gave gandasi' blow on the head of my father Mangat Ram. Neki Ram gave a gandasi' blow on left hand of my father Mangat Ram and upon which my father fell on the ground. While my father was lying fallen, Ganeshi gave a jaili' blow on the left eye and on the left ear of my father. Thereafter, Biru son of Tek Chand inflicted a blow with stick on the left arm of my father. In the meantime, Surta son of Puri gave a blow with lathi' on the right side of my head. Biru son of Tek Chand gave a blow with lathi' on my left arm. Krishan son of Tek Chand also inflicted a blow with lathi' on my left arm. Nanhu son of Tek Chand inflicted a blow with lathi' on my left leg. Biru thereafter gave another blow with a stick hitting my left knee. Krishan gave a blow with lathi' on my chest. Tek Chand, Neki Ram, Surta, Ganesha sons of Puri Ram, Biru, Krishan and Nanhu sons