JUDGMENT  :

Jasjit Singh Bedi, J.

This order shall dispose of two appeals bearing No.CRA-D-248-DB-2005 titled as Ram Bhaj & others versus State of Haryana and CRA-263-DB-2005 titled as Sanjay & Another Versus State of Haryana as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRA-D-248-DB-2005.

2. The present appeals have been filed against the judgment of conviction and order of sentence dated 02.03.2005 passed by the Addl. Sessions Judge, Rohtak.

3. Sanjay (appellant in CRA-D-263-DB-2005) has passed away and therefore, the proceedings qua him stand abated.

4. The FIR was registered on 06.03.2004, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Rohtak is dated 02.03.2005, the appeals were filed on 04.04.2005/21.03.2005 and the matter is being taken up for hearing now i.e. after a period of more than 20 ^ years from the date of registration of the FIR.

5. The brief facts of the prosecution case are that on 06.03.2004, at about 9.00 a.m a V.T. Message Ex.P31 was received at Police Post, Kansala, regarding admission of injured Tale Ram, resident of village Pakasma (since deceased), whereupon Incharge HC Ranbir Singh PW 14 reached PGI MS, Rohtak and collected the medical ruqa Ex.P5, sent by the doctor at 8.50 a.m., and also a copy of MLR Ex.P34 of injured Tale Ram. On application Ex.P31 of HC Ranbir Singh, the attending doctor declared Tale Ram as unfit for statement. Om Singh PW4, son of Tale Ram, was found present there, who at 4.30 p.m., got his statement Ex.P7 recorded to the effect that on the previous day dated 05.03.2004, there was some altercation in between the sons of his brother Mohinder and sons of accused Jage Ram, but they were separated. On that day i.e. 06.03.2004 at about 7.00 a.m., when he (Om Singh) was coming towards his house after tethering his buffaloes in the plot then when he reached in front of his house, all the accused persons came, encircled him and stated that they would teach him a lesson for the incident of the previous day. Saying so, accused Kanwar Lal, took him in his grip. Accused Rambhaj @ Bittu gave him a jelly blow on his right flank. Accused Shree, gave him a jelly blow on his left flank and accused Sanjay gave him a lathi blow on the left eye lid. Meanwhile, his father Tale Ram (since deceased) who was inside the house asked as to what was going on outside whereupon accused Rajesh, Surat Singh, Dalpat @ Kasu and Jage Ram, with an intention to kill him entered his house. Accused Rajesh gave a lathi blow to Tale Ram on the left side of the head, accused Dalpat @ Kasu gave a push to Tale Ram, accused Surat Singh gave a lathi blow on his face, just below his right eye whereas accused Jage Ram gave a lathi blow on his left hand elbow. Receiving these injuries, Tale Ram fell down and become unconscious and serious. They raised an alarm of "Maar Diya", hearing which, his younger brother Ram Niwas (since given-up as unnecessary) and Raj Singh (PW5) reached there. Seeing them there, all the eight accused persons, ran away with their respective weapons, but while going away, they threatened that on that day they (complainant party) were saved, but in case they (complainant party) tried to quarrel with them (accused party), they would be killed. After arranging a vehicle, he brought his father Tale Ram to the hospital.

6. HC Ranbir Singh PW14, sent the aforesaid report Ex. P7 to the Police Station, with his endorsement Ex.P7/C thereon and on its basis, formal FIR Ex.P7/A was registered by ASI Shri Kishan PW3 for offences punishable under sections 307, 323, 506, 452, 148 read with section 149 of IPC.

7. Dr. Ravinder Sahu PW15 at 8.30 p.m., medico-legally examined injured Tale Ram at 08.30 PM and in the MLR Ex.P34 noted that he was semi-conscious, disoriented, his pupils were bilaterally dilated and pulse rate was 78 per minute. The doctor noted the following injury on his person:-

i) There was lacerated wound of