The relevant facts of the prosecution case are that information was received at Police Post Bawana from Police Station Narela that a quarrel was going on at Chowk Bawana.Sub Inspector Mahipal Singh, along with members of his police force, went to Bawana Chowk and was informed that injured had already been removed to Hindu Rao Hospital.SI Mahipal Singh went to Hindu Rao Hospital.He obtained the medico legal reports of Jagan Singh, Khazan Singh besides Zile Singh deceased.Khazan Singh had been declared fit to make statement.In his statement, recorded by SI Mahipal Singh, he had deposed that on 6.4.1983 at 7.00 p.m. he was present in front of his house.His brother Jagan Singh was employed in Delhi Police.He saw him coming down from bus from Bawana Chowk.Respondents Rajbir, Ramesh and Hanumant Singh were sitting on the roof of their house opposite his house.They started abusing his brother.Rajbir Singh respondent exhorted that they be caught hold of and finished so that they are not able to attend the court case fixed on the next day.The brother of the complainant kept quite.Thereafter, the injured complained that he, his son and Jagan Singh went to the roof at first floor of his house.They heard the noise "Pakad Lo Salon Ko Bhagane Na Payen".In the mean time Rajbir Singh, Ramesh, Hanumat, Rajesh, Jaggu, Anand and Satbir Singh, who were armed with Knives, climbed up the stairs of his house and attcked.Zile Singh received injuries.JUDGMENT V.S. Aggarwal, J.Respondents had been tried by the learned Additional Session Judge, Delhi with respect to offences punishable under Sections 174/148/149/452/325/326/307/34 Indian Penal Code.The State against the judgment of acquittal, referred to above, and also condensation of delay in filing the same.When the complainant and Jagan Singh tried to save Zile Singh, accused Hoshiar Singh gave pharsa blow on the left hand of Jagan Singh while Ram Mehar gave pharsa blow on the head of Jagan Singh.Dhani Ram and Ami Chand gave jellies blow on his left hand and leg and thereafter, Azad Singh, Jahan Singh and Khazan Singh gave lathi blows to him and Jagan Singh, Hoshiar Singh, Hanumat, Rajbir and Ramesh exhorted that they should be finished so that they are not able to see towards the plot in future.Respondents also pelted stones on them.Balram besides Singh and Hari Singh came to save them.On basis of this statement, which was bearing the endorsement of SI Mahipal Singh, formal First Information Report was registered.SI Mahipal Singh prepared the site plan.Certain bricks bats were picked up from the roof of the house and were kept in a gunny bag.From the road side, the blood was lifted and sealed in accordance with law.Blood was also lifted from the roof.They were all converted into different sealed parcels and taken into possession vide different recovery memos.Zile Singh and succumbed to his injuries at Hindu Rao Hospital.Injuries on the person of Khazan Singh and Jagan were opined to be grievours.The death of Zile Sing was opined to be due to shock following injuries on his chest and abodomen.During investigation, one pant, one bushirt of Zile Singh were taken into possession and sealed in a parcel with the seal of HRH.It was taken into possession vide recovery memo.Blood stained uniform of Jagan Singh was sealed with the seal of HRH.Similarly, one blood stained Dhoti of Khazan Singh was taken into possession after converting that into a parcel and sealing with the seal of HRH, vide recovery memo.Blood samples of Jagan Singh and Khazan Singh were also taken by the doctor in the hospital.It was on these broad facts that report under Section 173 of the Code of Criminal Procedure was failed.They pleaded not guilty and claimed trial.Separate charge under Section 302/34 IPC was also framed against Rajbir Singh and Hanumant Singh.M.189/2001 seeking leave to file appeal is rejected.

Cited provisions: Section 149 in The Indian Penal Code; Section 302 in The Indian Penal Code; Section 148 in The Indian Penal Code; Section 452 in The Indian Penal Code; Section 307 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 417 in The Indian Penal Code; Section 147 in The Indian Penal Code; Section 326 in The Indian Penal Code; Section 325 in The Indian Penal Code