The main legal point established in the judgment is that in cases of sudden quarrel and fight, where there is no evidence of pre-planned attack or common object to commit murder, individual liability for acts should be considered, and the conviction should be based on the specific acts committed.

JUDGMENT :

Subhash Chandra Sharma, J.

1. Heard Sri N.K. Sharma learned Advocate assisted by Sri Anshul Kumar Singhal learned Advocate on behalf of the appellant nos.3 & 4; Gajraj and Raghuveer; respectively and Sri Mukesh Kumar, learned counsel on behalf of the appellant no.5-Ram Bahadur.

2. This appeal emanates from the judgment and order dated 14.09.1988 passed by the learned VIIth Additional Session Judge, Aligarh in S.T. No.373/1987 (State vs. Rajveer & others) arising out of Case Crime No.26 of 1987 u/s 148, 302, 323 readwith Section 149 I.P.C., Police Station Sikandrarau, District Aligarh whereby appellant Rajveer has been convicted and sentenced for imprisonment for a period of six months u/s 148; with life imprisonment u/s 302 readwith Section 149 I.P.C; for a period of three months simple imprisonment u/s 323 readwith Section 149 I.P.C; and appellant Ram Singh, Roshan, Gajraj, Raghuveer, Ram Bahadur & Roop Kishore have been convicted and sentenced u/s 147 I.P.C. for a period of three months rigorous imprisonment; u/s 302 readwith Section 149 I.P.C. for life imprisonment; and u/s 323 readwith Section 149 I.P.C. for a period of three months simple imprisonment.

3. Co-appellant Rajveer had died during pendency of this appeal, therefore, appeal on behalf of co-appellant Rajveer stands abated.

4. The prosecution case in brief is that informant Ram Khiladi S/o Surat Singh is R/o Nagla Mahari hamlet of Kachaura, Police Station Sikandrarao. There was enmity owing to litigation between the informant Roshan Singh, Ram Singh and the informant and residents of his village relating to the pathway. As per narration in the F.I.R on 22.01.1987 at about 5:30 P.M., Pandit Bakelal resident of the neighbouring village cried near the Pipal tree in the forest under the fear of ghost on which several people reached there. In the meantime, the informant and his brother Rukumpal were coming back to their house from the field with fodder of babul and passed by the Pipal tree while looking at Bakelal Pandit. When they were near the Shiv Temple, Rajbir, Ram Singh, Roshan Singh, Gajraj, Kishorilal, Raghuveer, Ram Bahadur and Roop Kishore called and asked as to who was there and that who was shouting/crying, on which the informant replied that it was Bakelal Pandit who got scared near the pipal tree. On this, they said to him while abusing that he was not telling the truth. On this, the informant told them to keep their tongue under control and asked why were they abusing. An altercation was started between them and at which the accused said “maro salon ko inka dimag bahut kharab hai” and they began to beat all of them with lathi and spear.

5. On hearing their screams, his father, brother Ramji Lal, Ramdeen, Dhyan Singh and Krishnaveer ran to save them. They were assaulted as well. Rajveer was equipped with spear and others were carrying lathi. Rajveer pierced with spear in the abdomen of Rukum Pal who fainted and fell down. In the meantime, Netrapal, Sughar Singh and Foran Singh came there and the accused/appellants ran away. It was stated in the report that in defence, the complainant side also wielded lathi which might have caused injuries to some of the persons of the accused party, but all on the side of the complainant were injured. Rukumpal succumbed to the injuries on the way to the hospital Sikandrarao, and then they reached the police station. Written tehrir stating the above noted facts was prepared by the informant and on the basis of it, F.I.R. was lodged at the police station on the same day at about 21:30 P.M.

6. The inquest of deceased Rukum Pal was conducted by S.I. Baljeet Singh on 22.01.1987 on the same day at about 10:40 P.M. at the gate of the police station and the inquest report was prepared in the presence of the witnesses present there. The dead body was sealed, essential papers were prepared and the body was handed over to constables Prempal Singh and Ram Tirath Singh for the post-mortem. Dr. T.N. Goel conducted autopsy of the d