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N.S.Shekhawat J.

1. The appellants have filed the present appeal against the impugned judgment of conviction dated 14.12.2004 and order of sentence dated 15.12.2004, passed by the Court of Additional Sessions Judge, Fast Track Court, Ambala, whereby the appellants were ordered to be convicted for the offences punishable under Sections 148,323,324,325,326 r/w Section 149 of IPC and were sentenced accordingly.

2. During the pendency of the present appeal, Mrigpal, appellant No.1, Subhash Chander @ Passi, appellant No.2 and Naresh Kumar, appellant No.6 have expired and the appeal qua them already stands abated.

3. The brief facts of the present case are that on 8.11.2000, ASI Dharam Pal (PW-12) along-with other police officials were present at Bus stand Mullana as usual partrolling in connection with their duty for Gopal Mochan fair. There ASI Dharampal received a medical ruqa along-with the MLRs through ward servant CHC Mullana regarding the admission of the injured in the hospital. On receipt of the documents, ASI Dharam Pal along-with police officials reached at CHC Mullana and recorded the statement Ex.PK of Lakhbir Singh PW son of Jeet Singh R/o village Saila to the effect that his brother Sharam Singh was elected Sarpanch of the village, that in the said election family of Haveli Ram supported them, for that Ramesh Chander former Sarpanch and his party persons bore the grudge against them and family of Haveli Ram. He further got recorded that Gulshan Kumar etc. took their tractor on the request for sowing the crop of wheat in their fields. In the morning at about 10 a.m. when both, Gulshan and Paramjit were going on tractor and crossed in front of the baithak of Babu Ram, then Babu Ram abused Gulshan for helping Sharam Singh in the elections and stated that he would see his party but Paramjit and Gulshan went quietly from there. Thereafter, Karam Singh his brother and Vipin Kumar son of Haveli Ram also went to the fields to sow the wheat in the fields, that about 5 p.m. all four persons (Gulshan Kumar, Karam Singh, Paramjit and Vipin Kumar) were returning on their tractors. Two of them were sitting on one tractor each, and when they reached near Dharamshala just little ahead baithak of Nathu, the persons namely 1) Des Raj 2) Ramesh sons of Dharam Singh 3) Ashok Kumar 4) Naresh Kumar 5) Ranjit Singh 6) Rajesh sons of Nathu Ram 7) Mrig Pal 8) Amar pal sons of Inder Singh 9) Raja Ram son of Kala 10) Dhayan Singh 11) Prem Singh sons of Jyoti Ram, 12) Babu Ram son of Sohan Lal 13) Subhash son of Babu Ram (accused persons) were already present there, all armed with gandasis and kirpan, made murderous assault on them. They raised alarm that attracted Mukhtiar Singh son of Balwant, Bakshish and Sharam Singh. On seeing them, all the assailants (accused persons) ran away from the spot. The injured were shifted to CHC Mullana on tractor-trolley. The complainant stated that he watched the incident as he happened to cross the place of incident as he had gone to post office to enquire the money in his account. He also got recorded that the accused persons formed common intention to kill them and thereof caused them the injuries as to assuage their grudge over having lost the election.

4. Initially, the challan was presented only against accused persons namely Mrig Pal, Subhash Chander, Des Raj, Raja Ram, Dhayan Singh, Rajesh Kumar, Naresh Kumar, Amar Pal, and Babu Ram, but four accused namely Ramesh, Ashok Kumar, Ranjit Sigh and Prem Singh were also summoned under Section 319 Cr.P.C and were arrayed as an accused.

5. After perusing the challan and other accompanying documents, the Court found that a prima facie case under Sections 148, 323, 324, 325, 326, 307,149,120-B of IPC was made out against the appellants and they were charge-sheeted accordingly. However, they pleaded not guilty and claimed to be tried by the Trial Court.

6. In order to prove the charge against the appellants, the prosecution examined 13 witnesses.

7. After the