In a criminal appeal, minor contradictions in long-deferred testimonies do not negate direct eyewitness evidence supported by medical reports, and the sentence of an accused who has faced a multi-decadal legal process may be mitigated to the time served, provided the conviction is based on substantial proof.

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N.S.Shekhawat J.

1. The appellants have filed the present appeal against the impugned judgment of conviction dated 07.12.2005 and order of sentence dated 09.12.2005 passed by the Court of Additional Sessions Judge, Fast Track Court, Bhiwani, whereby the appellants were convicted for the commission of the offences punishable under Sections 148 of IPC, 325, 342, 452 IPC read with Section 149 of IPC and were sentenced accordingly.

2. During the pendency of the present appeal, Jai Singh, appellant No.2 had expired and the appeal qua him already stands dismissed as abated.

3. The brief facts of the prosecution are that on 14.12.2003 a medical ruqqa was received in Police Station Bawani Khera regarding admission of injured Ajmer son of Ram Kumar, Mahender son of Bhundu and Surender son of Attar Singh. Thereupon PW8 Baljeet Singh ASI went General Hospital, Bawani Khera and after seeking opinion from the doctor regarding fitness of the injured, statement of complainant Ajmer, PW6 was recorded. Ajmer stated in statement (Ex. PC) that he had a dispute regarding passage with Parkash son of Ram Gopal, resident of Kungar, whose fields were in his neighbourhood. On 13.12.2003 measurement of land was done by Tehsildar Bawani Khera with the assistance of police from Bawani Khera. On the evening of 13.12.2003, he along with Surender stayed in the fields for taking care of their crop and they went to sleep in the Chaubara (room on the first floor) in the house constructed in the fields. Thereafter, on 14.12.2003 at about 6.00 a.m. Ajit son of Ram Parkash, Ram Niwas son of Om Parkash, Om Parkash son of Ram Gopal, Jai Singh son of Diwan Singh and Krishan son Diwan Singh, residents of Kungar came near his house situated in the fields and started throwing bricks and stones and thereafter accused came on the roof via stairs and opened the door of Chaubara. Ajit inflicted lathi blow on his head, Ram Niwas inflicted jelley on his left arm, Om Parkash gave lathi blow on his right hand and Ajit inflicted lathi blow on his chest. Surender was also caused injuries with lathi, jelley and Danda. His cousin Narender also came running at the spot and was caused injuries on the Chaubara of the house. Thereafter, the assailants dragged them to the ground floor. Two-three youths were also standing on the ground floor, who were armed with lathi and danda. The assailants took them while inflicting injuries to them. Rajender son of Jile Singh and Kuldeep son of Maan Singh were also attracted to the scene of occurrence and tried to rescue them. He became unconscious and was left on the way whereas assailants took Surender and Narender to the house of Om Parkash son of Ram Gopal and kept them confined for some time. Narender and Surender were freed by the assailants as the persons present outside the house of Om Parkash had raised alarm. The injured were admitted in the hospital at Government Hospital, Bawani Khera. Baljeet Singh ASI made his endorsement Ex. PC/1 on statement Ex. PC and thereafter sent the same to police Station through Constable Ramphal was whereupon was formal FIR Ex.PD was recorded. Investigation was commenced. Statements of witnesses under Section 161 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) were recorded. Rough site plan Ex. PH of the place of occurrence was prepared. Accused Ram Niwas, Ajit, Om Parkash were arrested on 23.12.2003 and weapons were recovered from them. During investigation offence under Section 308 IPC was added. After completion of investigation,