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Delhi District Court
State vs 1. Dharambir on 31 October, 2011
Author: Dr. Kamini Lau
      IN THE COURT OF Dr. KAMINI LAU: ADDL. SEESIONS
      JUDGE-II (NORTH-WEST)/ SPL. JUDGE (SC/ST CASES):
                   ROHINI COURTS: DELHI

Session Case No. 1238/10
Unique Case ID No. 02404R0326422010
State                  Versus  1.   Dharambir
                                    S/o Sh. Tara Chand
                                    R/o Village Mirch Pur,
                                    Distt Hissar,
                                    Haryana
                                    (Acquitted)

                                                       2.      Pawan
                                                               S/o Sh. Ram Mahar
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       3.      Karambir
                                                               S/o Sh. Tara Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       4.      Joginder @ Jogar
                                                               Sh. Bhim Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       5.      Dalbir
                                                               Sh. Dalip Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 1
                                                        6.      Balwan
                                                               Sh. Inder Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       7.      Satyawan
                                                               S/o Sh. Tara Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       8.      Jaibir
                                                               S/o Sh. Manphool
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       9.      Ajit
                                                               S/o Sh. Sukhbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       10.     Balwan
                                                               S/o Sh. Dharmabir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       11.     Rajbir @ Nanha
                                                               S/o Sh. Mai Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 2
                                                        12.     Viren
                                                               S/o Sh. Yashpal
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       13.     Dharambir @ Illa
                                                               S/o Sh. Mai Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       14.     Deepak @ Sonu
                                                               S/o Sh. Krishan @ Pappu
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       15.     Kuldeep @ Midda
                                                               S/o Sh. Balbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       16.     Rajinder
                                                               S/o Sh. Balu
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       17.     Jagdish @ Hathi
                                                               S/o Sh. Baru Ram
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 3
                                                        18.     Suresh Kumar
                                                               S/o Sh. Balbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       19.     Rajinder Kr.
                                                               S/o Sh. Sadhu Ram
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       20.     Ramphal
                                                               S/o Sh. Prithvi
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       21.     Daya Singh
                                                               S/o Sh. Jeet Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       22.     Pardeep
                                                               S/o Sh. Balwan
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       23.     Rishi
                                                               S/o Sh. Satbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 4
                                                        24.     Jasbir
                                                               S/o Sh. Ishwar
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       25.     Karampal
                                                               S/o Sh. Satbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       26.     Sunil @ Sonu
                                                               S/o Sh. Jasbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       27.     Sumit
                                                               S/o Sh. Satyawan
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       28.     Pardeep
                                                               S/o Sh. Ramphal
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       29.     Roshan Lal
                                                               S/o Sh. Ram Swarup
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 5
                                                        30.     Surender
                                                               S/o Sh. Jagda
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       31.     Hoshiar Singh
                                                               S/o Sh. Mangal @ Manga
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       32.     Ajit
                                                               S/o Sh. Dalip
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       33.     Rajinder
                                                               S/o Sh. Dhup Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       34.     Rajinder
                                                               S/o Sh. Pali
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       35.     Vijender
                                                               S/o Sh. Hoshiar Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 6
                                                        36.     Dinesh
                                                               S/o Sh. Prem
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
                                                       37.     Vinod
                                                               S/o Sh. Ram Niwas
                                                               R/o Vill Nidhana,
                                                               Tehsil Meham,
                                                               Distt Rohtak,
                                                               Haryana
                                                               (Acquitted)
                                                       38.     Kulvinder
                                                               S/o Sh. Ram Mahar
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)
                                                       39.     Monu
                                                               S/o Sh. Suresh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)
                                                       40.     Amit
                                                               S/o Sh. Satyawan
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
                                                       41.     Sunil
                                                               S/o Sh. Daya Nand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 7
                                                        42.     Baljeet
                                                               S/o Sh. Inder
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       43.     Rajesh
                                                               S/o Sh. Dupa
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       44.     Ramesh
                                                               S/o Sh. Karan Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       45.     Ameer
                                                               S/o Sh. Tara
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       46.      Anil
                                                               S/o Sh. Prem Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       47.     Balwan
                                                               S/o Sh. Jeela
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 8
                                                        48.     Charan
                                                               S/o Sh. Sadhu Ram
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       49.     Anup
                                                               S/o Sh. Dharma
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       50.     Dalbir
                                                               S/o Sh. Tara
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       51.     Krishan Kr. @ Dhaula
                                                               S/o Sh. Satyawan
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       52.     Jogal @ Doger
                                                               S/o Sh. Hawa Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       53.     Jitender
                                                               S/o Sh. Satbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 9
                                                        54.     Jora Singh
                                                               S/o Sh. Balwan
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       55.     Rakesh @ Kala
                                                               S/o Sh. Satyawan
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       56.     Krishan
                                                               S/o Sh. Karan Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       57.     Kuldeep
                                                               S/o Sh. Om Prakash
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       58.     Jasbir @ Lillu
                                                               S/o Sh. Raja
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Absconder)

                                                       59.     Manbir
                                                               S/o Sh. Jile Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                      Page No. 10
                                                        60.     Nasib
                                                               S/o Sh. Prem Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       61.     Rakesh @ Nikle
                                                               S/o Sh. Amarlal @ Lala
                                                               Ram
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar, Haryana
                                                               (Acquitted)

                                                       62.     Pappu
                                                               S/o Sh. Pyara
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       63.     Pradeep
                                                               S/o Sh. Jagbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       64.     Pradeep
                                                               S/o Sh. Jaibir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       65.     Pradeep
                                                               S/o Sh. Suresh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                       Page No. 11
                                                        66.     Pradeep
                                                               S/o Sh. Satbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       67.     Praveen
                                                               S/o Sh. Jagdev
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       68.     Pawan
                                                               S/o Sh. Hoshiar Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       69.     Pawan
                                                               S/o Sh. Rajbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       70.     Sandeep
                                                               S/o Sh. Mahinder Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       71.     Sandeep
                                                               S/o Sh. Raj Kumar
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                      Page No. 12
                                                        72.     Sandeep
                                                               S/o Sh. Ram Swarup
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       73.     Sandeep
                                                               S/o Sh. Rattan Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       74.     Sandeep
                                                               S/o Sh. Joginder
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       75.     Sandeep @ Langra
                                                               S/o Sh. Chander
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       76.     Sanjay @ Sanjeep
                                                               S/o Sh. Amar Lal
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       77.     Sanjay Handa
                                                               S/o Sh. Daya Nand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                      Page No. 13
                                                        78.     Satta Singh
                                                               S/o Sh. Karan Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       79.     Sattu Singh
                                                               S/o Sh. Randhir Master
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       80.     Satyawan
                                                               S/o Sh. Rajinder
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       81.     Shamsher
                                                               S/o Sh. Rajinder
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       82.     Sheela @ Sunil
                                                               S/o Sh. Bira
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       83.     Sonu @ Monu
                                                               S/o Sh. Ramesh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                      Page No. 14
                                                        84.     Mandeep @ Sonu
                                                               S/o Sh.Dalbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       85.     Naveen @ Tina
                                                               S/o Sh. Rajbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       86.     Vedpal @ Bedoo
                                                               S/o Sh. Karan Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       87.     Vikash
                                                               S/o Sh. Sunehra @ Sumer
                                                               Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar, Haryana
                                                               (Acquitted)

                                                       88.     Vipin
                                                               S/o Sh. Joginder Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       89.     Jokhar @ Joginder
                                                               S/o Sh. Inder Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                      Page No. 15
                                                        90.     Rajpal
                                                               S/o Sh. Sheo Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       91.     Jaibir
                                                               S/o Sh. Balbir
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       92.     Ramesh @ Mahesh
                                                               S/o Sh. Dalip Singh
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       93.     Rupesh
                                                               S/o Sh. Tek Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       94.     Bobal @ Langra
                                                               S/o Sh. Tek Chand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Convicted)

                                                       95.     Jagdish @ Jangla
                                                               S/o Sh. Lahna @ Lakshman
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                      Page No. 16
                                                        96.     Pawan @ Tinku
                                                               S/o Sh. Sewa Ram
                                                               R/o Village Petwar,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                       97.     Vinod
                                                               S/o Sh. Jagdeep
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

                                                      98.      Ved Pal
                                                               S/o Dayanand
                                                               R/o Village Mirch Pur,
                                                               Distt Hissar,
                                                               Haryana
                                                               (Acquitted)

FIR No.:                            166/10
Police Station:                     Narnaund (Haryana)
Under Sections:                     120-B, 302, 307, 147, 149, 148, 323, 324, 325,
                                    395, 397, 427, 435, 436, 449, 450, 452
                                    Indian Penal Code and under Sections 3 (1)
                                    (x), (xv), 3 (2) (iii), (iv) (v) of the Scheduled
                                    Caste & Scheduled Tribes (Prevention of
                                    Atrocities) Act, 1989.


Date on which the case was transferred
to this Court:                                                 18.12.2010
Date on which orders were reserved:                            2.8.2011/ 17.9.2011
Date on which judgment pronounced:                             24.9.2011


                  Thomas Jefferson wrote the memorable words "All men are
created equal, that they are endowed by their creator by certain
St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                         Page No. 17
 inalienable rights, that among these are life, liberty, and the pursuit of
happiness" (American Declaration of Independence, 1776). A large
section of Indian society still regard a section of their own countrymen as
inferior and in the words of Justice Markandey Katju this mental attitude
is simply unacceptable in the modern age, and it is one of the main
causes holding up the country's progress.                      It is unfortunate that the
centuries old Indian Caste system still takes its toll from time to time.
This case unfolds the worst kind of atrocities committed by the so-called
upper caste (Jat's hereinafter to be referred as 'J') against the so-called
lower caste (Balmiki's hereinafter to be referred as 'B') in civilized
country.       It is absolutely imperative to abolish the caste system as
expeditiously as possible for the smooth functioning of Rule of Law and
Democracy in our country.



JUDGMENT:

Brief facts:

This case was received on transfer vide the orders of Hon'ble Supreme Court dated 8.12.2010 with the directions that this court shall be free to conduct the trial afresh. As many as one hundred and three number of accused have been charge sheeted out of which five accused are juveniles facing trial in Juvenile Justice Board Hissar, whereas ninety eight are facing trial before this court of whom one accused namely Jasbir Singh has escaped/ absconded from custody during trial whose trail has been separated and the proceedings for declaring him a proclaimed offender are underway.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 18 Prosecution case:

The case of the prosecution is that on 19.04.2010 at about 8-8.30 PM some of the boys belonging to the 'J' community namely Rajender S/o Pale, Sonu S/o Pappu, Monu S/o Suresh, Rishi S/o Satbir alongwith 10 - 15 other boys were passing through 'B' Basti in an inebriated state and on seeing them, the she-dog of the complainant Karan Singh barked at them. The accused persons took an offence to the barking of the dog and started throwing stones at it which entered into the house of Karan Singh ('B') and was objected to by his nephew Yogesh. The complainant Karan Singh then intervened in the matter and attempted to settle the same after which the group of these boys then moved away from there. After some time Ajeet (belonging to 'J' community) a resident of the same village who is residing near the 'B' Basti at Village Mirchpur approached the complainant Karan Singh and advised him to apologise or else they would have to face more problems by saying 'zyada nuksaan ho jayega'. The complainant along with his neighbour Veer Bhan went towards the house of Rajendra S/o Pali where all the boys belonging to the dominant 'J' community had gathered to settle the matter but instead the complainant and Virbhan were beaten up by the accused as a result of which they received injuries. The injuries on Virbhan were more serious. Initially both Karan Singh and Virbhan were rushed to the hospital in Hansi, but since Virbhan had serious injuries, Karan Singh took Virbhan to the District Hospital in Hissar where he was admitted for a day. On 20.04.2010 the complainant Karan Singh in apprehension of the tension in the village escalating into further violence, got Virbhan discharged from the hospital and on the way back to the village stopped at the police station Narnaund and informed the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 19 SHO concerned about the incidents of 19th (19.4.2010) and also apprised him of the tension that was prevailing in the village but the SHO (accused Vinod S/o Ram Niwas) did not pay much heed to the pleas of the complainant and sent five to six Constables to handle the matter which was despite the clear information from the complainant that the situation in the village was turning volatile and there was a lot of tension on account of the instance of violence at the behest of the persons belonging to the 'J' community. The Constables sent by the SHO attempted to settle the tension, but to no avail and in the morning of 21.04.2010, there was tension at the 'B' Basti due to which reason the SHO Narnaund and the dominant community called a meeting of the 'J' community in the 'J' Chaupal and then called a meeting of the members of 'B' community in the 'B' Chaupal. As per the allegations the men of the 'B' community gathered in the 'B' Chaupal and most persons like women, children and old persons stepped out to see what was going on, when the accused before this court in furtherance of their common intention and in pursuance of the common design duly armed with kerosene, petrol in bottles along with lathis, jellies and stones surrounded the 'B' Basti and gave out cries for attacking the 'B' Basti shouting "in saale chooron ke gharon ko jhala do, inki bacchon ko gharon main hi zinda jhala do, inke ghar tod do aur inka gaon se khatma kar do". This according to the prosecution was done with the backing and under the protection of the SHO (accused Vinod S/o Ram Niwas).

On account of the aforesaid one Tara Chand and his daughter Suman (who was handicapped) were badly burnt. While Suman died at the house itself, Tara Chand in order to save his life had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 20 rushed to the house of his neighbour Diwan Singh while his house was set on fire and managed to save himself at that time but having sustained severe burn injuries was taken to Civil Hospital, Hissar in Government Gypsy by his son Amar Lal and Nephew Ashok in a burnt condition where the police recorded his statement (Dying Declaration) and also got a statement (Dying Declaration) recorded from the Judicial Magistrate First Class and he later succumbed to his injuries on the same day. In the village as many as 51 persons all belonging to dalit community received injuries, 18 properties belonging to dalits were burnt and there was large scale rioting and looting of properties of dalits. After investigations, the charge sheet was filed in the present case wherein provisions of Sections 120-B, 302, 307, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and under Sections 3 (1) (x), (xv) , 3 (2)

(iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989, have been invoked against these accused.

Sequence of events:

19.4.2011 Rajender S/o Pale, Sonu S/o Pappu, Monu S/o Suresh, Rishi S/o Satbir alongwith ten to fifteen other boys allegedly passing in front of the house of Karan Singh (belonging to 'B' community) situated in the main gali at about 9-9:30 PM in an intoxicated state when the she-dog belonging to Jai Parkash, the brother of Karan Singh started barking at them. On this the boys belonging to 'J' community got irritated and threw a dalla when a portion of the "dalla" hit the dog and a portion entered the house of Karan Singh St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 21 on which Yogesh son of Jai Parkash and nephew of Karan Singh came out and there was an altercation between Rajender S/o Pale and Yogesh and followed by hatha pai (physical altercation) when other persons came and separated them. After some time Ajeet came and told Karan Singh that he had been called at the house of Rajender S/o Pale towards the houses of the 'J' community as there was a 'J' Panchayat on the incident stating that they would get the matters amicably resolved. However, when Karan Singh and Veer Bhan went there, they were beaten by the persons from 'J' community and they sustained injuries.

20.4.2010: (1) A complaint was made by Karan Singh and Veer Bhan to the SHO Police Station Narnaund regarding incident dated 19.4.2011.

(2) Rajender S/o Pale who was running a milk dairy could not supply milk to many residents of the village particularly in the 'B' Basti.

21.4.2010: Incident in question took place 22.4.2010: DSP Sh. Abhay Singh arrested the accused Dharambir S/o Tara Chand, Pawan S/o Ram Mehar, Karam Bir S/o Tara Chand, Joginder @ Jogar S/o Bhim Singh, Dalbir S/o Dalip Singh, Balwan S/o Inder, Satyawan S/o Tara Chand, Jai Bir S/o Manphool, Ajeet Singh S/o Sukhbir, Balwan S/o Dharam Singh, Roshan S/o Ram Swaroop, Pradeep S/o Ram Phal, Vijender S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 22 Hoshiar Singh, Hoshiar Singh S/o Mangal Singh, Ajeet S/o Dalip Singh, Rajinder S/o Dhupa, Surender Kumar S/o Jagde Ram and Rajbir S/o MaiChand.

Provisions of Section 4 of SC/ST (POA) Act were added by DSP Sh. Abhay Singh on the application of Karan Singh.

23.4.2010: DSP Sh. Abhay Singh arrested the accused Dinesh S/o Prem Singh and Viren S/o Yashpal.

27.4.2010: Various politicians including Sh. Bhupender Singh Hooda, Chief Minister, Haryana visited the village Mirchpur and announced the compensation to the victims 30.4.2010: Investigations were transferred to DSP Sh. Tula Ram who arrested the accused Dharambir S/o Mai Chand and Deepak S/o Krishan.

Team of doctors from Government Hospital Hissar visited village Mirchpur and conducted medical examination of the persons injured in the incident dated 21.4.2010.

1.5.2010: Inspector Vinod Kumar the then SHO Police Station Narnaund was arrested 02.05.2010 DSP Sh. Tula Ram arrested accused Naib Tehsildar Jage Ram (not sent up for trial) from the office of DSP Hansi.

14.5.2010: Accused Kuldeep, Rajender S/o Belu Ram, Jagdish S/o Baru Ram, Suresh S/o Balbir, Rajender S/o Sadhu Ram, Ramphal S/o Prithvi Singh and Daya S/o Ajeet St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 23 were arrested.

15.5.2010: Accused Pradeep S/o Balwan was arrested. 16.5.2010: Accused Rishi S/o Satbir, Jasbir S/o Ishwar and Karampal S/o Satbir were arrested 17.5.2010: Accused Sunil Kumar @ Soni S/o Jaiveer and Sumit S/o Satyawan were arrested 19.5.2010: DSP Tula Ram preapred the charge sheet in respect of 28 persons and sent it to prosecution department. 21.5.2010: Accused Rajender S/o Pale was arrested. 11.06.2010: (1) First charge sheet was filed by DSP Sh. Tula Ram in respect of twenty eight accused persons. (2) Judicial Magistrate-First Class, Hansi on the request of DSP Hansi Sh. Tula Ram, discharged/ released the accused Jage Ram (Niab Tehsildar- Hissar), Deepak S/o Ajmer, Satish S/o Ajmer, Rajesh S/o Om Prakash, Ajay S/o Sukhbir, Sukhbir S/o Manphool, Naresh S/o Prem Singh, Dinesh S/o Amar Lal, Kulwant S/o Chander Singh and Ram Meher S/o Gulab Singh on the ground that these persons have no concern with the alleged offence though their names have been mentioned by the victims and the complainants.

1.7.2010: DSP Sh. Tula Ram filed the charge sheet in respect of nine persons arrested later.

27.7.2010: DSP Tula Ram interrogated Veer Bhan S/o Man Singh, Suresh S/o Raj Kumar, Ashok S/o Maha Singh, Parveen and Amar Lal both sons of Tara St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 24 Chand and prepared the supplementary charge sheet against the accused Vinod Kajal, the then SHO Police Station Narnaund.

29.7.2010: Supplementary charge sheet against the accused Vinod Kajal the then SHO Police Station Narnaund was filed by DSP Sh. Tula Ram before the court.

Accused Jogender S/o Inder, Rajpal S/o Sheo Chand and Jaiveer S/o Balbir were arrested.

01.08.2010: Accused Ramesh @ Mahesha S/o Dalip, Rupesh S/o Tek Ram and Bobal @ Langra S/o Tek Ram were arrested.

12.08.2010: Accused Jagdish S/o Lenha was arrested. 24.08.2010: Accused Pawan @ Tinku S/o Sewa Singh was arrested 31.08.2010: Accused Balwan S/o Jai Lal was arrested. 01.09.2010: Accused Pardeep S/o Suresh, Satish S/o Randhir and Pawan S/o Hoshiyar Singh were arrested.

02.09.2010: Accused Jora S/o Balwan and Ved Pal S/o Daya Nand were arrested 03.09.2010: Accused Kuldeep S/o Om Parkash, Jogal @ Jogar S/o Hawa Singh, Naseeb S/o Prem Singh, Pardeep S/o Jaiveer Singh, Pardeep S/o Satbir, Shamsher S/o Rajender, Rakesh @ Meenu S/o Ramesh, Jitender S/o Satbir, Charan Singh S/o Sadhu Ram, Parveen S/o Jagdev, Sandeep S/o Ram Swaroop, Sandeep S/o Ratan Singh, Vikas S/o Sunehra, Ved Pal S/o Karan Singh, Kala @ Rajesh S/o Satyawan, Pawan S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 25 Rajbir, Sandeep S/o Raj Kumar, Monu S/o Suresh Kumar, Amit S/o Satyawan, Ramesh S/o Karan Singh and Sata S/o Karan were arrested 04.09.2010: Accused Dalbir S/o Tara Chand, Pardeep S/o Jagbir, Sanjay @ Sanjeev S/o Amar Lal, Sunil @ Shila S/o Bhira, Naveen @ Tina S/o Rajbir, Vinod S/o Jagdev, Manbir S/o Zile Singh, Pappu S/o Pyarelal, Rakesh @ Nikli S/o Amar Lal, Vipin S/o Jogender, Sandeep S/o Mahender, Sandeep S/o Jogender, Satyawan S/o Vijender, Sunil S/o Daya Nand and Radhey S/o Dhoopa were arrested.

05.09.2010: Accused Baljeet S/o Inder, Dhaula S/o Satyawan, Anoop S/o Dharma, Sandeep S/o Chander, Lilu @ Jasbir S/o Raja, Krishan S/o Karan Singh, Meer Singh S/o Tara Chand and Anil S/o Prem Singh were arrested 06.09.2010: Accused Sonu S/o Dalbir and Kulwinder S/o Ram Mehar were arrested.

09.09.2010: Accused Sanjay @ Handa S/o Daya was arrested. 16.10.2010: DSP Tula Ram prepared the charge sheet in respect of fifteen accused.

18.10.2010: DSP Sh. Tula Ram filed the charge sheet in the court in respect of fifteen accused.

28.10.2010: DSP Sh. Tula Ram handed over the investigating file to Insp. Vijay Pal SHO Narnaund who filed the charge sheet for the remaining fifty accused in the court.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 26 8.12.2010: The case was transferred to this court vide the orders of Hon'ble Supreme Court dated 8.12.2010 with the directions that this court shall be free to conduct the trial afresh.

26.2.2011: This court conducted the spot inspection at village Mirchpur.

11.3.2011: Charges were framed against all the accused 18.3.2011: Trial/ prosecution evidence commenced List of witnesses examined:

Sr. Witness No. Name of the witness Category No.

Prosecution Witnesses

1. PW 1 ASI Raghubir Singh Official police witness

2. PW 2 EASI Manohar Lal Official police witness

3. PW 3 ASI Miyan Singh Official police witness

4. PW 4 Ct. Devi Lal Official police witness

5. PW 5 Ct. Anil Kumar Official police witness

6. PW 6 EAI Bir Bhan Official police witness

7. PW 7 Yogesh Kumar Public witness/ eye witness

8. PW 8 Ramphal Public witness/ eye witness

9. PW 9 Bindu Public witness/ eye witness

10. PW 10 Raj Bir Public witness/ eye witness

11. PW 11 Smt. Madho Public witness/ eye witness

12. PW 12 Ram Murti Public witness/ eye witness

13. PW 13 Sunita Public witness/ eye witness

14. PW 14 Angoori Public witness/ eye witness

15. PW 15 Smt. Krishna Public witness/ eye witness St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 27

16. PW 16 Mrs. Ishro Public witness/ eye witness

17. PW 17 Shanti Public witness/ eye witness

18. PW 18 Smt. Chander Public witness/ eye witness

19. PW 19 Ms. Pooja Public witness/ eye witness

20. PW 20 Kela Public witness/ eye witness

21. PW 21 Sunita Public witness/ eye witness

22. PW 22 Aman Public witness/ eye witness

23. PW 23 Satbir Public witness/ eye witness

24. PW 24 Suresh Public witness/ eye witness

25. PW 25 Sushil Public witness/ eye witness

26. PW 26 Raju Public witness/ eye witness

27. PW 27 Ravi Public witness/ eye witness

28. PW 28 Sandeep Public witness/ eye witness

29. PW 29 Dhoop Singh Public witness/ eye witness

30. PW 30 Santra Public witness/ eye witness

31. PW 31 Abhishek Public witness/ eye witness

32. PW 32 Sheela Public witness/ eye witness

33. PW 33 Rani Public witness/ eye witness

34. PW 34 Raj Kumar Public witness/ eye witness

35. PW 35 Ashok Public witness/ eye witness

36. PW 36 Sanjay Public witness/ eye witness

37. PW 37 Meena Kumar Public witness/ eye witness

38. PW 38 Mahajan Public witness/ eye witness

39. PW 39 Sube Singh Public witness/ eye witness

40. PW 40 Vijender Public witness/ eye witness

41. PW 41 Sunita Public witness/ eye witness

42. PW 42 Vicky Public witness/ eye witness

43. PW 43 Dilbagh Public witness/ eye witness

44. PW 44 Sanjay Public witness/ eye witness

45. PW 45 Manoj Public witness/ eye witness St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 28

46. PW 46 Rajesh Public witness/ eye witness

47. PW 47 Satyawan Public witness/ eye witness

48. PW 48 Gulab Singh Public witness/ eye witness

49. PW 49 Pradeep Public witness/ eye witness

50. PW 50 Kamla Public witness/ eye witness

51. PW 51 Dr. Sandeep Doctor

52. PW 52 Dr. Puneet Kumar Doctor

53. PW 53 Dr. Sourab Arora Doctor

54. PW 54 HC Subash Chand Official police witness

55. PW 55 Sh. Harish Goel (JMIC) Judicial Officer

56. PW 56 Dr. Vishal Goel Doctor

57. PW 57 SI Manjit Singh Official police witness

58. PW 58 Dr. Arun Kumar Doctor

59. PW 59 Dr. Pale Ram Doctor

60. PW 60 ASI Sadhu ram Official police witness

61. PW 61 ASI Satbir Singh Official police witness

62. PW 62 ASI Omprakash Official police witness

63. PW 63 Dr. T. P. Sharma Doctor

64. PW 64 SI Bani Singh Official police witness

65. PW 65 ASI Bhim Singh Official police witness

66. PW 66 DSP Abhay Singh Official police witness

67. PW 67 DSP Tula Ram Official police witness

68. PW 68 Dr. Dinesh Kumar Doctor Defence witnesses

69. DW1 HC Ram Singh Official police witness

70. DW2 Ct. Ravinder Official police witness

71. DW3 Surender Kumar Official witness

72. DW4 Baru Ram Official witness

73. DW5 HC Lachman Singh Official police witness

74. DW6 Virender Public witness St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 29

75. DW 7 Sajjna Public witness

76. DW 8 Shamsher Singh Public witness

77. DW 9 Dalser Lohan Public witness

78. DW 10 Dr. Rajesh Malik Doctor

79. DW 11 Jagdish Public witness

80. DW 12 Manoj Kumar Public witness

81. DW13 Karan Singh Public witness

82. DW 14 Ramesh Public witness

83. DW 15 Pasha Public witness

84. DW 16 Ajmere Public witness

85. DW 17 Rajesh Public witness

86. DW 18 Suman Nurse - General Hospital Jind

87. DW 19 Ram Chander Public witness

88. DW 20 Ram Niwas Public witness

89. DW 21 Dharambir Public witness

90. DW 22 Praveen Public witness

91. DW 23 Ranbir Singh Public witness

92. DW 24 Ram Mehar Public witness

93. DW 25 Jai Bhagwan Public witness

94. DW 26 Dr. Balbir Singh Punia Doctor

95. DW 27 Suresh Accused

96. DW 28 Dalbir Singh Businessman/ Poultry farm

97. DW 29 Vikas Accused

98. DW 30 Rajinder Accused

99. DW 31 Ramphal Accused

100. DW 32 Dr. Rajesh Gandhi Doctor

101. DW 33 Dr. Kuldeep Doctor

102. DW 34 Pawan Singh Nodal Officer

103. DW 35 Om Prakash Nodal Officer

104. DW 36 Sajjan Public witness/ Driver St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 30

105. DW 37 Ranbir Public witness

106. DW 38 Dalip Singh Official

107. DW 39 Dipender Singh Official

108. DW 40 Chander Prakash Public witness

109. DW 41 Suresh Kumar Public witness/ tractor workshop

110. DW 42 Deepak Kumar Nodal Officer

111. DW 43 Manjeet Singh Dhillon Nodal Officer

112. DW44 Dr. Sunita Garg Doctor Court witness:

113. CW1 Amar Lal Cited as prosecution witness Details of the exhibits:

S. No Exhibit No. Detail of the document/ article Remarks

1. Ex.P-1 Burnt Motorcycle of Sunil S/o Brij Bhan Proved Bother-in- law Manoj

2. Ex.P-2 Burnt Motorcycle of Pradeep Proved

3. Ex.P-3 Burnt Tricycle/ Handicap cycle of Proved deceased Suman

4. PW1/1 Affidavit of EASI Raghubir Singh Proved

5. PW2/1 Affidavit of EASI Manohar Lal Proved

6. PW3/1 Affidavit of ASI Miyan Singh Proved

7. PW3/A1-A109 Photographs Proved

8. PW3/B CD of Photographs Proved

9. PW4/1 Affidavit of Ct. Devi Lal Proved

10. PW4/A Video CD containing clippings of Proved postmortem and also of spot

11. PW4/B Seizure memo of CD Proved

12. PW5/1 Affidavit of ASI Anil Kumar Proved

13. PW5/A Video CD of Village of Mirch Pur Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 31

14. PW6/1 Affidavit of EASI Vir Bhan Proved

15. PW6/A Register No 19 entry no 510/671/511 Proved (Copy)

16. PW7/PX1 Statement of Yogesh Proved

17. PW8/PX 1 Statement of Ramphal Proved

18. PW8/A MLR of Ramphal Proved

19. PW10/DX1 Statement of Rajbir Proved

20. PW25/DX1 Statement of Sushil Proved

21. PW11/PX1 Statement of Madho Proved

22. PW12/PX1 Statement of Ram Murti Proved

23. PW13/A MLR of Sunita Proved

24. PW15/PX 1 Statement of Krishna Proved

25. PW15/A MLR of Krishan Proved

26. PW16//PX1 Statement of Ishro Proved

27. PW16/A MLR of Ishro Proved

28. PW17/PX1 Statement of Shanti Proved

29. PW18/A MLR of Chanderpati Proved

30. PW18/PX 1 Statement of Chander Pati Proved

31. PW19/PX 1 Statement of Pooja Proved

32. PW19/A MLR of Pooja Proved

33. PW20/PX1 Statement of Kela Proved

34. PW20/A MLR of Kela Pati Proved

35. PW20/DX1 Copy of Election card Proved

36. PW21/ PX1 Statement of Sunita Proved

37. PW21/A MLR of Sunita Proved

38. PW22/PX1 Statement of Aman Proved

39. PW22/A MLR of Aman Proved

40. PW23/PX1 Statement of Satbir Proved

41. PW23/A MLR of Satbir Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 32

42. PW24/A Statement of Suresh (Identification of Proved Dead body)

43. PW24/B Receipt of Dead Body Proved

44. PW25/A MLR of Sushil Proved

45. PW26/A MLR of Raju Proved

46. PW26/PX1 Statement of Raju Proved

47. PW27/A MLR of Ravi Proved

48. PW27/PX1 Statement of Ravi Proved

49. PW36/DX1 Statement of Sanjay Proved

50. PW28/A MLR of Sandeep Proved

51. PW28/PX1 Statement of Sandeep Proved

52. PW29/A MLR of Dhoop Singh Proved

53. PW30/A MLR of Santra Proved

54. PW30/DX1 Statement of Santra Proved

55. PW32/A MLR of Sheela Proved

56. PW32/DX1 Statement of Sheela Proved

57. PW33/A MLR of Rani Proved

58. PW33/DX1 Statement of Rani Proved

59. PW34/A MLR of Raj Kumar Proved

60. PW34/PX1 Statement of Raj Kumar Proved

61. PW35/A MLR of Ashok Proved

62. PW35/PX1 Statement of Ashok Proved

63. PW35/PX2 Supplementary statement of Ashok Proved

64. PW36/A MLR of Sanjay Proved

65. PW37/A MLR of Meena Kumar Proved

66. PW37/DX1 Statement of Meena Kumar Proved

67. PW38/A MLR of Mahajan Proved

68. PW38/PX1 Statement of Mahajan Proved

69. PW39/PX1 Statement of Sube Singh Proved

70. PW40/PX1 Statement of Vijender Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 33

71. PW41/A List of Burnt articles of Sunita W/o Proved Surta

72. PW41/PX1 Statement of Sunita Proved

73. PW42/PX1 Statement of Vicky Proved

74. PW43/PX1 Statement of Dilbagh Proved

75. PW44/PX1 Statement of Sanjay Proved

76. PW45/PX1 Statement of Manoj Proved

77. PW45/PX2 Supplementary statement of Manoj Proved

78. PW 46/PX1 Statement of Rajesh Proved

79. PW47/PX1 Statement of Satyawan Proved

80. PW48/A MLR of Gulaba Ram Proved

81. PW48/PX1 Statement of Gulaba Ram Proved

82. PW49/A Seizure Memo of Motorcycle and ashes Proved

83. PW49/B Seizure memo of Tricycle and ashes Proved

84. PW49/PX Statement of Pradeep S/o Tara Chand Proved

85. PW49/PX2 Supplementary statement of Pradeep Proved

86. PW49/PX3 Second Supplementary Statement of Proved Pradeep

87. PW50/PX1 Statement of Kamla Proved

88. PW51/A Information regarding injured Gulaba to Proved SHO

89. PW52/A MLR of Tara Chand Proved

90. PW52/B Bed Head Ticket of Tara Chand Proved

91. PW52/C Postmortem Report of Tara Chand Proved

92. PW52/D Postmortem Report of Suman Proved

93. PW52/D1 MLR of Shanti Proved

94. PW52/E MLR of Angoori Proved

95. PW52/ F MLR of Suman Proved

96. PW53/A MLR of Sanjay Proved

97. PW53/B MLR of Abishek Proved

98. PW53/C MLR of Sanjeep Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 34

99. PW53/D Information regarding Injured to SHO Proved

100. PW54/A1 Scaled site plan of the house of Kamal Proved

101. PW54/A2 Scaled site plan of the house of Tara Proved Chand

102. PW54/A3 Scaled site plan of the house of Sube Proved Singh

103. PW54/A4 Scaled site plan of the house of Proved Satyawan

104. PW54/A5 Scaled site plan of the house of Rajinder Proved

105. PW54/A6 Scaled site plan of the house of Sanjay Proved

106. PW54/A7 Scaled site plan of the house of Nawab Proved

107. PW54/A8 Scaled site plan of the house of Ram Proved Niwas

108. PW54/A9 Scaled site plan of the house of Dilbagh Proved

109. PW54/A10 Scaled site plan of the house of Chander Proved

110. PW54/A11 Scaled site plan of the house of Sanjay Proved S/o Satpal

111. PW54/A12 Scaled site plan of the house of Sunita Proved W/o Surta

112. PW54/A13 Scaled site plan of the house of Gulab Proved Chowkidar

113. PW54/A14 Scaled site plan of the house of Rajesh Proved

114. PW54/A15 Scaled site plan of the house of Jagpal Proved

115. PW54/A16 Scaled site plan of the house of Dhoop Proved Singh

116. PW54/A17 Scaled site plan of the house of Raja Proved

117. PW54/A18 Scaled site plan of the house of Sushil Proved

118. PW54/A19 Scaled site plan of the house of Bania Proved

119. PW54/A20 Scaled site plan of the house of Rajmal Proved

120. PW54/A21 Scaled site plan of the house of Proved Dharamvir

121. PW54/A22 Scaled site plan of the house of Proved Karambir St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 35

122. PW54/A23 Scaled site plan of the house of Bani Proved Singh

123. PW54/A24 Scaled site plan of the house of Binder Proved

124. PW54/A25 Scaled site plan of the house of Proved Dharambir

125. PW54/A26 Scaled site plan of the house of Parveen Proved

126. PW54/A27 Scaled site plan of the house of Vijender Proved

127. PW54/A28 Scaled site plan of the house of Jai Singh Proved

128. PW54/A29 Scaled site plan of the house of Jaswant Proved

129. PW54/A30 Scaled site plan of the house of Proved Satayawan

130. PW54/A31 Scaled site plan of the house of Ajmer Proved

131. PW54/A32 Scaled site plan of Kirayana shop of Proved Pawan

132. PW54/A33 Scaled site plan of the house of Ram Proved Niwas

133. PW54/B Scaled site plan of Village Mirchpur Proved

134. PW55/DX1 Covering Letter of statement of 164 Proved Cr.P.C. of Tara Chand

135. PW55/A Application for Recording the statement Proved of Tara Chand

136. PW55/B Statement of Tara Chand (Dying Proved Declaration)

137. PW55/C Certificate of Statement of Judicial Proved Magistrate 1st Class

138. PW56/A MLR of Ajmer Singh Proved

139. PW56/B MLR of Satbir Proved

140. PW56//C MLR of Sunita W/o Surta Proved

141. PW57/A Seizure memo of Ashes Proved

142. PW57/B Disclosure Statement of accused Viren Proved

143. PW57/C Disclosure statement of accused Dinesh Proved

144. PW59/A MLR of Rajbir Proved

145. PW59/B MLR of Monika Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 36

146. PW59/C MLR of Bindu Proved

147. PW59/D MLR of RajMal Proved

148. PW59/E MLR of Piriya Proved

149. PW59/F MLR of Karambir Proved

150. PW59/G MLR of Pali Proved

151. PW59/H MLR of Nawab Proved

152. PW59/I MLR of Jai Parkash Proved

153. PW59/J MLR of Karan Singh Proved

154. PW59/K MLR of Naseeb Proved

155. PW59/L MLR of Parveen Proved

156. PW59/M MLR of Yogesh Proved

157. PW59/N MLR of Poonam Proved

158. PW59/O MLR of Jagbir Proved

159. PW59/P MLR of Ashok Proved

160. PW59/Q MLR of Kamlesh Proved

161. PW59/R MLR of Radha Proved

162. PW59/S MLR of Madho Proved

163. PW59/T MLR of Murti Proved

164. PW63/A X-Ray Report of Raj Kumar Proved

165. PW63/B X-Ray Report of Dhoop Singh Proved

166. PW63/C X-Ray Report of Gulaba Ram Proved

167. PW63/D X-Ray Report of Mahajan Proved

168. PW64/A Information/Rukka Regarding Injured Proved Tara Chand at time of admission in Hospital

169. PW64/B Application to Medical Officer for Proved Permission to Record the statement of Tara Chand

170. PW64/C Statement of Tara Chand under Section Proved 161 Cr.P.C.

171. PW64/D Information/Rukka when Tara Chand Proved was Brought Dead St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 37

172. PW64/E Inquest Papers of Tara Chand Proved

173. PW64/E1 Form No 25 in respect of deceased Tara Proved Chand

174. PW64/E2 Statement of Amar recorded by SI Bani Proved Singh

175. PW64/E3 Inspection of dead body and mortuary Proved

176. PW64/E4 Copy of FIR Proved

177. PW64/F Application of SI Bani Singh for Proved constituting the board to conduct the Postmortem of Tara Chand

178. PW64/G Handing over receipt of the dead body Proved of Tara Chand to Amar Lal

179. PW64/H Application of SI Bani Singh to MO for Proved record the statement of other injured

180. PW64/I Disclosure statement of Rajender S/o Proved Pale

181. PW64/DX1 Statement of Sandeep S/o Raj Kumar Proved

182. PW65/A Inquest Papers of deceased Suman Proved

183. PW65/A1 Form No 25 in respect of deceased Proved Suman

184. PW65/A2 Statement regarding identification of Proved dead body of Suman by Amar

185. PW65/A3 Statement regarding identification of Proved dead body of Suman by Suresh

186. PW65/A4 Copy of FIR Proved

187. PW65/B Seizure memo of Pullanda (Suman) Proved

188. PW65/C Application by SI Bani Singh to MO for Proved constituting the board to conduct the Postmortem of Suman

189. PW66/A Statement of Karan Singh/ complainant Proved

190. PW66/B Rukka Proved

191. PW66/C1 Sketch of the house of Jagpal Proved

192. PW66/C2 Sketch of the house of Chander Singh Proved

193. PW66/C3 Sketch of the house of Ram Niwas Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 38

194. PW66/C4 Sketch of the house of Sanjay Proved

195. PW66/C5 Sketch of the house of Satyawan Proved

196. PW66/C6 Sketch of the house of Sunita Proved

197. PW66/C7 Sketch of the house of Sube Singh Proved

198. PW66/C8 Sketch of the house of Dilbagh Proved

199. PW66/C9 Sketch of the house of Kamla Proved

200. PW66/C10 Sketch of the house of Dhoop Singh Proved

201. PW66/C11 Sketch of the house of Tara Chand Proved

202. PW66/C12 Sketch of the house of Sushil Proved

203. PW66/C13 Sketch of the house of Gulaba Proved

204. PW66/C14 Sketch of the house of Sanjay Proved

205. PW66/C15 Sketch of the house of Rajender Proved

206. PW66/C16 Sketch of the house of Satpal Proved

207. PW66/C17 Sketch of the house of Nawab Proved

208. PW66/C18 Sketch of the house of Raja Proved

209. PW66/C19 Sketch of the house of Karambir Proved

210. PW66/C20 Sketch of the house of Rajesh Proved

211. PW66/C21 Sketch of the house of Bania Proved

212. PW66/C22 Sketch of the house of Satyawan Proved

213. PW66/C23 Sketch of the house of Rajmal Proved

214. PW66/C24 Sketch of the house of Vijender Proved

215. PW66/C25 Sketch of the house of Pawan Proved

216. PW66/C26 Sketch of the house of Jai Singh Proved

217. PW66/C27 Sketch of the house of Jaswant Proved

218. PW66/C28 Sketch of the house of Ram Niwas Proved

219. PW66/C29 Sketch of the house of Karambir Proved

220. PW66/C30 Sketch of the house of Binder Proved

221. PW66/C31 Sketch of the house of Bani Singh Proved

222. PW66/C32 Sketch of the house of Dharamvir Proved

223. PW66/C33 Sketch of the house of Praveen Proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 39

224. PW66/D1 Arrest Memo of Dharambir S/o Tara Admitted Chand

225. PW66/D2 Arrest Memo of Pawan S/o Ram mehar Admitted

226. PW66/D3 Arrest Memo of Karambir S/o Tara Admitted Chand

227. PW66/D4 Arrest Memo of Joginder S/o Bhim Admitted Singh

228. PW66/D5 Arrest Memo of Dalbir S/o Dalip Singh Admitted

229. PW66/D6 Arrest Memo of Balwan S/o Inder Admitted

230. PW66/D7 Arrest Memo of Satyawan S/o Tara Admitted Chand

231. PW66/D8 Arrest memo of Jaibir S/o Manphool Admitted

232. PW66/D9 Arrest Memo of Ajit Singh S/o Sukhbir Admitted

233. PW66/D10 Arrest Memo of Balwan S/o Dharam Admitted Singh

234. PW66/D11 Arrest Memo of Roshan S/o Ram Admitted Swaroop

235. PW66/D12 Arrest Memo of Pradeep S/o Ram Phal Admitted

236. PW66/D13 Arrest Memo of Vijender S/o Hosihar Admitted Singh

237. PW66/D14 Arrest Memo of Hoshiar Singh S/o Admitted Mangal Singh

238. PW66/D15 Arrest Memo of Ajit Singh S/o Dalip Admitted Singh

239. PW66/D16 Arrest Memo of Rajender S/o Dhoop Admitted Singh

240. PW66/D17 Arrest Memo of Surender Kumar S/o Proved Jage Ram

241. PW66/E Common Disclosure statement of 22 Proved accused

242. PW66/F Application of Karan Singh Proved

243. PW66/E18 Arrest Memo of Rajbir @ Nanha S/o Admitted Mai Chand

244. PW66/E 19 Arrest Memo of Dinesh S/o Prem Singh Admitted St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 40

245. PW66/E 20 Arrest Memo of Viren Singh S/o Admitted Yashpal

246. PW66/G Seizure memo of MLR, statement of Proved Virbhan and DD No 31 dated 20/4/10

247. PW66/DX1 Departure and joining Entry Proved

248. PW66/CX1 Supplementary statement of Sushil Proved under Section 161 Cr.P.C.

249. PW67/A1 Arrest memo of Dhamabir S/o Mai Admitted Chand

250. PW67/A2 Arrest memo of Deepak S/o Krishan Admitted Kumar

251. PW67/A3 Arrest memo of Vinod Kumar S/o Ram Admitted Niwas

252. PW67/A4 Arrest memo of Kuldeep S/o Balbir Admitted

253. PW67/A5 Arrest memo of Rajender S/o Belu Ram Admitted

254. PW67/A6 Arrest memo of Jagdish S/o Baru Ram Admitted

255. PW67/A7 Arrest memo of Suresh S/o Balbir Admitted

256. PW67/A8 Arrest memo of Rajender S/o Sadhu Admitted Ram

257. PW67/A9 Arrest memo of Ram Phal S/o Prithvi Admitted Singh

258. PW67/A10 Arrest memo of Daya S/o Ajeet Admitted

259. PW67/A11 Arrest memo of Pradeep S/o Balwan Admitted Singh

260. PW67/A12 Arrest memo of Rishi S/o Satbir Admitted

261. PW67/A13 Arrest memo of Jasbir S/o Ishwar Singh Admitted

262. PW67/A14 Arrest memo of Karampal S/o Satbir Admitted

263. PW67/A15 Arrest memo of Sunil Kumar S/o jaivir Admitted

264. PW67/A16 Arrest memo of Sumit S/o Satywawan Admitted

265. PW67/A17 Arrest Memo of Rajinder S/o Pali Ram Admitted

266. PW67/A18 Arrest memo of Joginder @ Joggar S/o Admitted Inder Singh

267. PW67/A19 Arrest memo of Rajpal S/o Sheo Chand Admitted St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 41

268. PW67/A20 Arrest memo of Jaibir S/o Balbir Admitted

269. PW67/A21 Arrest memo of Ramesh @ Mahesha S/o Admitted Dalip Singh

270. PW67/A22 Arrest memo of Rupesh S/o Tek Ram Admitted

271. PW67/A23 Arrest memo of Bobal @ Langra S/o Admitted Tek Ram

272. PW67/A24 Arrest memo of Jagdish S/o Lehna Ram Admitted

273. PW67/A25 Arrest memo of Tinku @ Pawan S/o Admitted Sewa Singh

274. PW67/A26 Arrest memo of Balwan S/o Jai Lal @ Admitted Jela

275. PW67/A27 Arrest memo of Pradeep S/o Sursh Admitted Kumar

276. PW67/A28 Arrest memo of Satish @ Sattu S/o Admitted Randhir Singh

277. PW67/A29 Arrest memo of Pawan Kumar S/o Admitted Hoshiar Singh

278. PW67/A30 Arrest memo of Jora Singh S/o Balwan Admitted Singh

279. PW67/A31 Arrest memo of Ved Pal S/o Daya Nand Admitted

280. PW67/A32 Arrest memo of Kuldeep S/o Om Admitted Prakash

281. PW67/A33 Arrest memo of Juggal @ Joggal S/o Admitted Hawa Singh

282. PW67/A34 Arrest memo of Nasib S/o Prem Singh Admitted

283. PW67/A35 Arrest memo of Pradeep S/o Jaivir Admitted

284. PW67/A36 Arrest memo of Pradeep S/o Satbir Admitted

285. PW67/A37 Arrest memo of Samsher S/o Rajender Admitted

286. PW67/A38 Arrest memo of Rakesh S/o Ramesh Admitted

287. PW67/A39 Arrest memo of Jitender S/o Satbir Admitted

288. PW67/A40 Arrest memo of Charan Singh S/o Sadhu Admitted Ram

289. PW67/A41 Arrest memo of Praveen S/o Jagdev @ Admitted Jagde St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 42

290. PW67/A42 Arrest memo of Sandeep S/o Ram Admitted Swaroop

291. PW67/A43 Arrest memo of Sandeep S/o Rattan Admitted Singh

292. PW67/A44 Arrest memo of Vikash S/o Sumer Singh Admitted @ Sunehra

293. PW67/A45 Arrest memo of Ved Pal S/o Karan Admitted Singh

294. PW67/A46 Arrest memo of Rakesh @ Kala S/o Admitted Satyawan

295. PW67/A47 Arrest memo of Pawan S/o Rajbir Admitted

296. PW67/A48 Arrest memo of Sandeep S/o Raj Kumar Admitted

297. PW67/A49 Arrest memo of Monu S/o Suresh Admitted

298. PW67/A50 Arrest memo of Amit S/o Satyawan Admitted

299. PW67/A51 Arrest memo of Ramesh S/o Karan Admitted Singh

300. PW67/A52 Arrest memo of Satta S/o Karan Singh Admitted

301. PW67/A53 Arrest memo of Dalbir S/o Tara Chand Admitted

302. PW67/A54 Arrest memo of Pradeep S/o Jaivir Admitted

303. PW67/A55 Arrest memo of Sanjay @ Sanjeep S/o Admitted Amar

304. PW67/A56 Arrest memo of Sunil @ Sheela S/o Admitted Bherra

305. PW67/A57 Arrest memo of Naveen @ Tina S/o Admitted Rajbir

306. PW67/A58 Arrest memo of Vinod S/o Jagdev Admitted

307. PW67/A59 Arrest memo of Manbir S/o Zile Singh Admitted

308. PW67/A60 Arrest memo of Pappu S/o Pyare Lal Admitted

309. PW67/A61 Arrest memo of Nakkle @ Rakesh S/o Admitted Amar Lal

310. PW67/A62 Arrest memo of Vipin S/o Joginder Admitted

311. PW67/A63 Arrest memo of Sandeep S/o Mahinder Admitted

312. PW67/A64 Arrest memo of Sandeep S/o Joginder Admitted St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 43

313. PW67/A65 Arrest memo of Satyawan S/o Rajinder Admitted

314. PW67/A66 Arrest memo of Sunil S/o Dayanand Admitted

315. PW67/A67 Arrest memo of Rajesh S/o Dhupa Admitted

316. PW67/A68 Arrest memo of Baljeet S/o Inder Singh Admitted

317. PW67/A69 Arrest memo of Dhola @ Kirshan Admitted Kumar S/o Satyawan

318. PW67/A70 Arrest memo of Anoop S/o Dharam Admitted Singh

319. PW67/A71 Arrest memo of Sandeep S/o Chander Admitted Fauji

320. PW67/A72 Arrest memo of Lillu @ Jasbir S/o Raja Admitted Ram

321. PW67/A73 Arrest memo of Krishan S/o Karan Admitted Singh

322. PW67/A74 Arrest memo of Amir S/oTara Chand Admitted

323. PW67/A75 Arrest memo of Anil S/o Prem Singh Admitted

324. PW67/A76 Arrest memo of Sonu @ Mandeep S/o Admitted Dalbir

325. PW67/A77 Arrest memo of Kulvinder S/o Ram Admitted Mehar

326. PW67/A78 Arrest memo of Sanjay S/o Daya Nand Admitted

327. PW67/CX1 Supplementary statement of Gulab Proved Singh under Section 161 Cr.P.C.

328. PW67/CX2 Supplementary statement of Proved Chanderwati under Section 161 Cr.P.C.

329. Ex PX1                      FSL Report                              Admitted
330. Ex PX2                      Notification of commission of Justice   Admitted
                                 Iqbal Singh (Retd)
331. Ex PX 3                     Cabinet approval of Govt. Service of Admitted
                                 Amar Lal, Pradeep and Ravinder
Documents of defence:
332. DW1/A                       Copy of leave application of accused    Proved
                                 Vinod (the then SHO)



St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)               Page No. 44
 333. DW1/B                       Sanction to prosecute the SHO accused Proved
                                 Vinod Kumar
334. DW2/A                       Copy of wireless record                  Proved
335. DW3/A                       Attendance record of Pradeep S/o Tara    Proved
                                 Chand
336. DW4/A                       Attendance record of Amar S/o Tara       Proved
                                 Chand
337. DW5/A                       DD No 34 copy                            Proved
338. DW5/B                       DD No 13 copy                            Proved
339. DW5/C                       Copy of DD dated 19/4/2010               Proved
340. DW5/D                       Copy of DD dated 20/4/2010               Proved
341. DW5/E                       Copy of DD Dated 21/4/2010               Proved
342. DW5/F                       Copy of DD dated 22/4/10                 Proved
343. DW7/PX1                     Statement of Sajna                       Denied
344. DW8/A                       Attendance register copy of Rakesh S/o   Proved
                                 Satyawan
345. DW8/B                       Memorandum of association                Proved
346. DW8/C                       Copy of registration certificate         Proved
347. DW9/A                       Copy of Attendance of Sunil Dhanda       Proved
348. DW9/B                       Copy of attendance register for Sanjay   Proved
                                 Dhanda
349. DW9/C                       Copy of attendance register for Vinod    Proved
                                 S/o Jagdev
350. DW10/A                      Copy of attendance register for Manbir   Proved
                                 S/o Ziley Sjingh
351. DW12/A                      Copy of attendance register for Rupesh   Proved
                                 S/o Tek Ram
352. DW13/A                      Affidavit of Karan Singh before inquiry Proved
                                 commission at Chandigarh
353. DW13/B                      Statement of Karan Singh before the      Proved
                                 inquiry commission
354. DW13/PX1                    Statement Karan Singh to IO              Denied
355. DW16/PX1                    Statement of Ajmer                       Denied

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                Page No. 45
 356. DW20/PX1                    Statement of Ram Niwas                     Denied
357. DW21/PX1                    Statement of Dharambir Singh               Denied
358. DW22/PX1                    Statement of Praveen Kumar                 Denied
359. DW23/A                      Relevant Entry at Main gate (Hoshiyar      Denied
                                 Singh S/o Mangal Ram)
360. DW23/PX1                    Copy of the Entry Register of Sugar        Proved
                                 Mill, Jind
361. DW24/A                      Copy of attendance register for Sandeep Denied
                                 S/o Raj Kumar
362. DW25/A                      Copy of Attendance register for Pradeep Proved
                                 S/o Jagbir
363. DW26/A                      Prescription slip of Ajeet                 Proved
364. DW26/B                      Treatment slip of Ajeet                    Proved
365. DW26/C                      Prescription slip of Kuldeep               Proved
366. DW26/D                      Treatment slip of Kuldeep                  Proved
367. DW26/E                      Prescription slip of Viren                 Proved
368. DW26/F                      Treatment slip of Viren                    Proved
369. DW26/G                      Copy of OPD Register                       Proved
370. DW27/ A                     Medical Certificate of Suresh S/o Balbir Proved
                                 for Physical disability
371. DW28/A                      Receipt regarding the sale of the chicks   Proved
372. DW29/A                      Certificate issued by the bank regarding Proved
                                 the sanction of the loan
373. DW30/A                      Affidavit of Sanjay S/o Gulab Singh to     Proved
                                 Commission
374. DW30/B                      Statement of Sanjay S/o Gulab Singh to Proved
                                 Commission
375. DW30/C                      Statement of Dilbagh S/o Gulab Singh       Proved
                                 to Commission
376. DW31/A                      Copy of the patta/Lease register for       Proved
                                 2007
377. DW31/B                      Copy of patta/lease register for 2009      Proved



St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                  Page No. 46
 378. DW32/A                      Bed head ticket of Dinesh S/o Prem        Proved
                                 Singh
379. DW32/B                      Attendance record of Suman (MPHW-F) Proved
380. DW32/C                      Joining certificate of Suman (MPHW-F) Proved
381. DW34/A                      Customer application Form of              Proved
                                 Rajender S/o Pale
382. DW34/B                      Copy of election identity card Rajender   Proved
                                 S/o Pale
383. DW34/C                      Call Details in respect of mobile no. Proved
                                 9812628500 (Rajender S/o Pale)
384. DW 34/D                     Customer application form of Sandeep      Proved
                                 S/o Mahender Singh
385. DW34/E                      Copy of election identity card of         Proved
                                 Sandeep S/o Mahender Singh
386. DW34/F                      Call details in respect of mobile no. Proved
                                 9540151131 (Sandeep S/o Mahender
                                 Singh)
387. DW34/G                      Authorization letter in favour of Pawan   Proved
                                 Singh
388. DW34/H                      Certificate of U/s 65B Indian Evidence    Proved
                                 Act
389. DW35/A                      Customer application form of Vinod        Proved
                                 Kumar
390. DW35/B                      Call detail record accused Vinod Kumar Proved
391. DW38/A                      Copy of list of the compensation          Admitted
                                 provided to the victims/families
392. DW39/A                      Copy of attendance register for Suman     Proved
                                 (MPHW-F)
393. DW42/A                      Authorization letter in favour of Deepak Proved
                                 Kumar
394. DW42/B                      Call detail record in respect of mobile   Proved
                                 no. 9812628500 (Rajender S/o Satpal
                                 Singh)
395. DW42/C                      Certificate of U/S 65B of Indian          Proved
                                 Evidence Act


St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana)                 Page No. 47
 396. DW42/D                      Cell ID Chart of Idea Cellular              Proved
397. DW43/A                      Copy of customer application form           Proved
                                 Sanjay S/o Daya Nand
398. DW43/B                      Copy of customer application form           Proved
                                 Rajinder S/o Satpal
399. DW43/C                      Copy of customer application form           Proved
                                 Jitender Singh
400. DW43/D                      Communication From DE (B & CCS)             Proved
                                 CMTS
401. CW1/C                       Statement of Amar Lal on 27/6/2011          Proved
402. CW1/D                       Statement of Amar Lal on 27/7/2011          Proved
403. CW1/DX1                     Affidavit of Amar Lal                       Proved
404. CW1/DX2                     Statement of Amar Lal without date          Proved




Spot inspection by the Court:

On 26.2.2011 in terms of the provisions of Section 310 Cr.P.C. this Court in order to properly appreciating the evidence on record conducted a Spot Inspection of village Mirchpur in the presence of Deputy Commissioner, Superintendent of Police, Deputy Superintendent of Police, counsels for the both the victims and the accused. Various places including the police station Narnaund, office of the Revenue Officer (Tehsildar), Main gali of the village Mirchpur where earlier the incident dated 19.4.2010 had occurred and also the spot from which the rioting commenced on 21.4.2010. The Chaupals that is both the 'J' Chaupal and 'B' Chaupal, the water tank (diggi), Houses of Karan Singh, Veer Bhan, Tara Chand, Kamla, Chander Bhan, Nawab, Pawan, Satpal, Bane Singh, Rajender, Manoj, Ram Niwas, Rajmal and Rajesh many of whom were situated on the main gali and some in the adjoining galis as shown in the site plan were also inspected. During the spot St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 48 inspection this Court carried with it a site plan prepared by the Investigating Officer (present on the Court record) and after comparison of the same with the spot, found the site plan to be factually correct.

The Court further observed that the distance between Hansi Rest House adjoining the Court of Judicial Magistrate Hansi and Police Station Narnaund was 25 kilometers and it took about 30 minutes to reach the Police Station. Further, the distance between Police Station Narnaund and the office of Tehsildar (accused Jage Ram who has been discharged earlier) was 1.5 kilometers and it took hardly 3-5 minutes to reach the same. The distance between the Revenue Office of Tehsildar and the village Mirchpur was 17 kilometers and it took about 25 minutes to reach village Mirchpur. It is evident that village Mirchpur is 30 minutes away from Police Station Narnaund in case if there is no obstruction. This Court was also informed that village Mirchpur was the last village on the boarder of district Hissar after which the jurisdiction falls within district Jind. While returning the route taken was through City Hissar and it was observed by the Court that it took about 40-45 minutes to reach Hissar City uninterruptedly. It is evident that the minimum time taken by road for any reinforcement/ assistance to reach village Mirchpur from Hissar City would be 40-45 minutes which could be more in case if there is some obstruction. On the way back this Court was also informed that at many places on the route where the road was single there is a frequent problem of a traffic jam and even on the date of the incident on account of a large number of vehicles of fire brigade and ambulances coming towards the village there was a traffic jam as a result of which there was a delay in rushing many of the injured (including Tara Chand) referred to Hissar Hospital.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 49 CHARGES:

On 10.3.2011 this court has settled the charges under Sections 120-B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and additional charge under Section 3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused (1) Dharambir S/o Sh. Tara Chand, (2) Pawan S/o Sh. Ram Mahar, (3) Karambir S/o Sh. Tara Chand, (4) Joginder @ Jogar S/o Sh. Bhim Singh, (5) Dalbir S/o Sh. Dalip Singh, (6) Balwan S/o Sh. Inder Singh, (7) Satyawan S/o Sh. Tara Chand, (8) Jaibir S/o Sh. Mnaphool, (9) Ajit S/o Sh. Sukhbir, (10) Balwan S/o Sh. Dharmabir, (11) Rajbir @ Nanha S/o Sh. Mai Chand, (12) Viren S/o Sh. Yashpal, (13) Dharambir S/o Sh. Mai Chand, (14) Deepak @ Sonu S/o Sh. Krishan @ Pappu, (15) Kuldeep @ Midda S/o Sh.Balbir, (16) Rajinder S/o Sh. Balu, (17) Jagdish @ Hathi S/o Sh. Baru Ram, (18) Suresh Kumar S/o Sh. Balbir, (19) Rajinder Kr. S/o Sh. Sadhu Ram, (20) Ramphal S/o Sh. Prithvi, (21) Daya Singh S/o Sh. Jeet Singh, (22) Pardeep S/o Sh. Balwan, (23) Rishi S/o Sh. Satbir, (24) Jasbir S/o Sh. Ishwar, (25) Karampal S/o Sh. Satbir, (26) Sunil @ Sonu S/o Sh. Jasbir, (27) Sumit S/o Sh. Satyawan, (28) Pardeep S/o Sh. Ramphal, (29) Roshan Lal S/o Sh. Ram Swarup, (30) Surender S/o Sh. Jagda, (31) Hoshiar Singh S/o Sh. Mang, (32) Ajit S/o Sh. Dalip, (33) Rajinder S/o Sh. Dhup Singh, (34) Rajinder S/o Sh. Pali, (35) Vijender S/o Sh. Hoshiar Singh, (36) Dinesh S/o Sh. Prem, (37) Kulvinder S/o Sh. Ram Mahar, (38) Monu S/o Sh. Suresh, (39) Amit S/o Sh. Satyawan, (40) Sunil S/o Sh. Daya Nand, (41) Baljeet S/o Sh. Inder, (42) Rajesh S/o Sh. Dupa, (43) Ramesh S/o Sh. Karan Singh, (44) Ameer S/o Sh. Tara, (45) Anil S/o Sh. Prem Singh, (46) Balwan S/o Sh. Jeela, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 50 (47) Charan S/o Sh. Sadhu Ram, (48) Anup S/o Sh. Dharma, (49) Dalbir S/o Sh. Tara, (50) Krishan Kr. @ Dhaula S/o Sh. Satyawan, (51) Jogal @ Doger S/o Sh. Hawa Singh, (52) Jitender S/o Sh. Satbir, (53) Jora Singh S/o Sh. Balwan, (54) Rakesh @ Kala S/o Sh. Satyawan, (55) Krishan S/o Sh. Karan Singh, (56) Kuldeep S/o Sh. Om Prakash, (57) Jasbir @ Lillu S/o Sh.Raja, (58) Manbir S/o Sh. Jile Singh, (59) Nasib S/o Sh. Prem Singh, (60) Rakesh @ Nikle S/o Sh. Amarlal @ Lala Ram, (61) Pappu S/o Sh. Pyara, (62) Pradeep S/o Sh. Jagbir, (63) Pradeep S/o Sh. Jaibir, (64) Pradeep S/o Sh. Satbir, (65) Pradeep S/o Sh. Suresh, (66) Praveen S/o Sh. Jagdev, (67) Pawan S/o Sh. Hoshiar Singh, (68) Pawan S/o Sh. Rajbir, (69) Sandeep S/o Sh. Mahinder Singh, (70) Sandeep S/o Sh. Raj Kumar, (71) Sandeep S/o Sh. Ram Swarup, (72) Sandeep S/o Sh. Rattan Singh, (73) Sandeep S/o Sh. Joginder, (74) Sandeep @ Langra S/o Sh. Chander, (75) Sanjay @ Sanjeep S/o Sh. Amar Lal, (76) Sanjay Handa S/o Sh. Daya Nand, (77) Satta Singh S/o Sh. Karan Singh, (78) Sattu Singh S/o Sh. Randhir Master, (79) Satyawan S/o Sh. Rajinder, (80) Shamsher S/o Sh. Rajinder, (81) Sheela @ Sunil S/o Sh. Bira, (82) Sonu @ Monu S/o Sh. Ramesh, (83) Mandeep @ Sonu S/o Sh. Dalbir, (84) Naveen @ Tina S/o Sh. Rajbir, (85) Vedpal @ Bedoo S/o Sh. Karan Singh, (86) Vikash S/o Sh. Sunehera @ Sumer Singh, (87) Vipin S/o Sh. Joginder Singh, (88) Jokhar @ Joginder S/o Sh. Inder Singh, (89) Rajpal S/o Sh. Sheo Chand, (90) Jaibir S/o Sh. Balbir, (91) Ramesh @ Mahesh S/o Sh. Dalip Singh, (92) Rupesh S/o Sh. Tek Chand, (93) Bobal @ Langra S/o Sh. Tek Chand, (94) Jagdish @ Jangla S/o Sh. Lakshman, (95) Pawan @ Tinku S/o Sh. Sewa Ram and (96) Vinod S/o Sh. Jagdeep.

Further, charges under Sections 120-B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 51 and Section 4 of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 were also settled against the accused (97) Vinod S/o Ram Niwas. I may observe that initially charge under Section 216 Indian Penal Code was settled against the accused (98) Vedpal S/o Dayanand (on bail) but later on account of the testimony of the prosecution witnesses the said charges were amended/ modified and the charge under Sections 120B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and additional charge under Section 3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also framed against him on 19.5.2011. All the accused pleaded not guilty and claimed trial.

Facts admitted or not disputed by the prosecution/ victims and the defence:

The following facts have not been disputed by the parties:

➔ That there is a mixed population in the village Mirchpur and persons belonging to all castes are residing in the village. ➔ That the 'B' Basti is situated in the out skirt of the village. ➔ That there are houses belonging to the members of 'B' community and 'J' community in the main gali but initially there are houses belonging to the members of 'B' community situated on one side and as one goes ahead, the houses of members of 'J' community are situated.

➔ That in the main gali which is known as Subha Satha Fauji Gali, the houses of members of 'J' community are situated on one side St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 52 and the houses belonging to the members of 'B' community are situated on the other side.

➔ That in order to reach the fields all residents of the village have to pass through this mail gali known as Subha Satha Fauji Gali. ➔ That accused Rajender S/o Pale is running a milk dairy and used to supply the milk in the village including the 'B' Basti of village Mirchpur.

➔ That on the date of incident i.e. 21.4.2010 there was an arson in the village Mirchpur in which the houses belonging to the members of 'B' community were burnt.

➔ That Tara Chand and his daughter Suman were burnt to death in the incident.

➔ That Ved Pal Tanwar a political leader and a resident of Hissar has political ambitions and is running a Gair Jat Sangathan and contests elections.

➔ That after the incident about 200-250 members of 'B' community left the village and started residing at the Farm House of Ved Pal Tanwar at Hissar.

CASES REFERRED:

By the Prosecution/victims:

1. Abdul Sayeed -vs- State of Madhya Pradesh, (2010) 10 Supreme Court Cases 259.

2. Rafique -vs- State of Madhya Pradesh, (Criminal Appeal No.1399/2008).

3. Rais @ Toun & Ors. -vs- State Madhya Pradesh (Criminal Appeal No. 1363-65/2010) (before P. Sathasivam and Dr.B. S. Chauhan, JJ).

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 53

4. C. Muniappan & Ors. -vs- State of Tamil Nadu and D. K.Rajendran & Ors.

-vs- State of Tamil Nadu, (2010) 9 Supreme Court Cases 567.

5. Abu Thakir and Others -vs- State of Tamilnadu (2010) 5 Supreme Court Cases 91.

6. Prathap and Another -vs- State of Kerala, (2010) Supreme Courts Cases

79.

7. Dilpesh BalChandra Panchal -vs- State of Gujrat, (2010) 11 Supreme Courts Cases, 714.

8. Sangappa Sanganabasappa M . and Others -vs- State of Karnataka and Others, 2010 (11) SCC 782.

9. Balraje Alias Trimbak -vs- State of Maharashtra, (2010) 6 Supreme Court Cases 673.

10. Moniruddin Ahmed Alias Lalu Dealer and Others -vs- State of West Bengal, (2010) 12 Supreme Courts Cases 238.

11. Dhan Singh -vs- State of Haryana, (2010) 12 Supreme Court Cases 277.

12. Amit Kumar & Anr. -vs- State of Punjab, (2010) 12 Supreme Court Cases

285.

13. Adalat Pandit & Anr. -vs- State of Bihar, (2010) 6 Supreme Court Cases

469.

14. Punjab & Haryana High Court -vs- Megh Raj Garg & Anr., (2010) 6 Supreme Court Cases 482.

15. Neeta Rakesh Jain -vs- Rakesh Jeetmal Jain, (2010) 12 Supreme Court Cases 242.

16. Sambhu Das @ Bijoy Das & Anr. -vs- State of Assam, (2010) 10 (Supreme Court Cases) 374.

17. Sushila Chemical Private Ltd. & Anr. -vs- Bharat Coking Coal Ltd. & Ors., (2010) 10 Supreme Court Cases 388.

18. Sunder Singh -vs- State of Uttaranchal, (2010) 10 Supreme Court Cases

611.

19. Surendra Pal and Ors. -vs- State of Uttar Pradesh & Anr. (2010) 9 Supreme Court Cases 399.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 54

20. Dharnidhar -vs- State of Uttar Pradesh, (2010) 7 Supreme Court Cases

759.

21. Rasid Javed & Ors. -vs- State of Uttar Pradesh, (2010) 7 Supreme Court Cases 781.

22. Mulla & Anr. -vs- State of Uttar Pradesh, (2010) 3 Supreme Court Cases

508.

23. State of Uttar Pradesh -vs- Ram Sanjivan & Ors., (2010) 1 Supreme Court Cases 529.

24. Lehna -vs- State of Haryana, (2002) 3 Supreme Court Cases 76.

25. State of U.P. -vs- Jagdeo & Ors., (2003) 1 SCC 456.

26. State of Rajasthan -vs- Abdul Mannan, MANU/SC/0764/2011.

27. State of U.P. -vs- Mohd. Iqram & Anr., MANU/SC/0699/2011.

28. Kannan & Ors. -vs- State of Tamil Nadu, 1989 Supp (1) SCC 81.

29. State of U. P. -vs- Dan Singh 7 Ors., (1997) 3 SCC 747.

30. Swaran Singh & Ors. -vs- State, (2008) 8 SCC 435.

31. Arumugam Servai -vs- State of Tamil Nadu, 2011 (4) SCALE, 756.

By the Accused:

1. Dilavar Hussain -vs- State of Gujarat, 1991, Supreme Court Cases (Cri) :

163 (1991) 1 SCC 253.

2. Musa Khan & Others -vs- State of Maharasthra, 1977 SCC (Cri) 164.

3. Tej Singh & Anr. -vs- State of Rajasthan (1995 Cri. L. J. 1944) Rajasthan High Court.

4. Ram Prasad Meena -vs- State of Rajasthan I (1995) CCR 795 (DB), Rajasthan High Court.

5. Ramappa Halappa Pujar & Ors -vs- State of Karnataka, Cri. Appeal No. 1344 of 2005 (Date of decision 27.4.2007).

6. State of Maharashtra -vs- Ahmed Shaikh Babjan & Ors (Cri Appeal 25-29 of 2002, date of decision 24.10.2008).

7. Din Dayal -vs- Raj Kumar @ Raju & Ors., 1999 CRI. LJ, 467 Supreme Court.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 55

8. Ram Swarup and Others, -vs- State of U. P., 1990 Cri. LJ 511 : (1989) All L. J. 1.

9. Kanwarpal & Another -vs- State of M. P., AIR 2002 Supreme Court 3690.

11. State (Delhi Administration) -vs- V. C. Shukla, AIR 1980 Supreme Court, 1382.

12. Yudhistir -vs- State of Madhya Pradesh, 1971 SCC (Cri) 684.

13. Mukteshwar Rai & Ors. -vs- State of Bihar, and Bhola Rai Kurmi & Ors.

-vs- State of Bihar, 1992 SCC (Cri) 349 : 1992 Supp (1) SCC 727.

14. State of U.P. -vs- Munni Ram & Ors., 2010 (12) JT 180.

15. Ram Prasad Meena -vs- State of Rajasthan, I (1996) CCR 795 (DB).

16. Din Dayal -vs- Raj Kumar @ Raju, 1999, Cri. LJ 467.

17. Ashok Pandurang Jadhav -vs- State of Maharashtra,Crl. Appeal No.372/2009, decided on 06.05.2011.

18. State of Andhra Pradesh -vs- Rayaneedi Sitharamaiah & Ors., (2010) 4 SCC (Cri): (2008) 16 Supreme Court Cases, 179.

19. Bijoy Singh -vs- State of Bihar, Supreme Court, Crl. Appeal 1339-

1340/1999, decided on 17.4.2002.

20. Pandurang Chandrakant Mhatre -vs- State of Maharashtra, AIR 2010 SC (Supp) 204.

21. Ram Chander -vs- State of Haryana, 1981 Supreme Court 1036 = 1981 Cri LJ 609.

22. Ramvilas & Ors -vs- State of Madhya Pradesh, 1985, Cri. LJ 1773.

23. Dashrath -vs- State of Karnataka, 2011 Cri. LJ 220, Karnataka High Court, Crl. Appeal No. 2243 of 2006, D/-9.10.2009.

24. Nallapati Sivaiah -vs- Sub-Divisonal Officer, Guntur, A. P. AIR 2008 Supreme Court 19.

25. State of Maharashtra -vs- Rajendra Jawanmal Gandhi etc., AIR 1997, Supreme Court 3986 (1).

26. Kamaksha Rai and Ors -vs- State of U.P., (2000 Cri LJ 178 SC).

27. Tej Ram & Anr. -vs- State of Rajasthan, 1995 Cri, LJ 1944.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 56

28. Kishore Chand -vs- State of Himachal Pradesh, 1991 SCC (Cri) 172 (1991) 1 SCC 286.

29. U. N. R. Rao -vs- M. Shanmugavel, 1977 SCC (Cri) 172.

30. Mohamed I. Unjawala and etc. -vs- Assistant Commissioner of Income Tax, City Circle VI (1) Madras, 1995 Cri.LJ 1949.

31. Fakir Chand Behera & Anr. -vs- Narayan Nayak & Ors., I (1995) CCR

810.

32. Shyam Babu -vs- State of Haryana, AIR 2009 Supreme Court 577.

33. Sadaram -vs- State of Madhya Pradesh, 1971 SCC (Cri) 691.

34. Munna Lal -vs- State, II (1997) CCR 597 (DB)

35. Dhanno Bai & Ors. -vs- Kanhaiyalal Sansi & Ors., II (1997) CCR 605.

36. Raju @ Rajender -vs- State of Maharashtra, 1998 SCC (Cri) 296.

37. State of Orissa -vs- Thakara Besra, (SC) 550, Cri. Appeal No. 533/1994, decided on 16.4.2002.

38. Rameshwar Singh -vs- State of Jammu & Kashmir, 1971 SCC (Cri) 638.

39. Mrs. Shakila Khader etc. -vs- Nausher Gama & Anr., AIR 1975 Supreme Court 1324 (1).

40. Parmod Kumar -vs- State, Delhi High Court, 1990 (3) 292.

41. Sewa Ram & Ors. -vs- State of Punjab, RCR, 1990 (3)1.

42. Nisar Ali -vs- State of UP, (S), AIR 1957 SC 366 (V 44 C 55 May).

43. K. N. Mehra -vs- State of Rajasthan, (S), AIR 1957 SC 369 (V 44 C 56 May).

44. Varkey Joseph -vs- State of Kerala, 1993 SCC (Cri) 1117.

45. Navalshankar Ishwarlal Dave & Anr. -vs- State of Gujarat & Ors., 1993 (SCC) Cri 1126.

46. Aqeel Ahmad -vs- State of U.P., (2010 (4) SCC (Cri) 11: (2008) 16 SCC

372.

47. State of Karnataka -vs- K. Yarappa Reddy, 2000 (SCC) Cri,. 61.

48. P. V. Radha Krishna & Ors. -vs- M. Bhaskar Reddy & Ors., AIR 2010 SC (Supp) 211.

49. State (Delhi Administration) -vs- Laxman Kumar & Ors, AIR 1986 SC 250.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 57 PROSECUTION EVIDENCE:

In order to prove its case the prosecution has examined as many as 67 witnesses. Out of the eighty two cited eye witnesses it has examined forty three eye witnesses out of which twenty one have been declared hostile. Further, out of the sixty seven witnesses so examined, fourteen witnesses are formal witnesses and four witnesses are those who were involved with investigations of the case.

Public witnesses/ victims / injured:

PW7 Yogesh Kumar aged 26 years is the son of Jai Parkash and is a resident of village Mirchpur and is a labour by profession. This witness has not supported the case of the prosecution qua the incident dated 21.4.2010 and has also not supported his statement made to the police under Section 161 Cr.P.C. which is Ex.PW7/PX1. This witness has turned hostile both on the incident dated 21.4.2010 and the identity of the accused. According to him, he had seen large crowd in the gali and when he came out he was hit with the stone on the leg and feeling scared he returned to his house. He has however admitted that he got his medical conducted from the doctor who had come to the village on 30.4.2010 since he had received a stone injury when he had come out of the house after which he immediately went back. I may observe that this witness Yogesh is the nephew of Karan Singh the complainant who is also stated to be the eye witnesses to the incident dated 19.4.2010 being involved in the quarrel with the boys belonging to 'J' community. He has not supported the prosecution case on both the incidents dated 19.4.2010 or with regard to the identity of the accused in respect of the incident dated 21.4.2010.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 58 PW8 Ram Phal aged 62 years is the son of late Sh. Rishala, and is a resident of village Mirchpur. He was previously a wrestler and presently he is giving tuition's to the children in the village. This witness has stated that he did not see anything happening since he had gone to the playground for giving coaching. He has not supported his earlier statement made to the police under Section 161 Cr.PC which is Ex.PW8/PX1 and has not identified any of the accused in the court and has turned hostile on the same. He has also stated that he did not receive any injury but admits that his medical was conducted on 30.4.2010 and the explanation he has offered for the same is that since everybody in the village was getting medical conducted therefore he also got his medical conducted. He has admitted having received a compensation on the basis of the said medical report and justified the same by stating that everybody was getting the same so he also received.

PW9 Ms. Bindu aged 8-9 years is the daughter of Suresh and a resident of village Mirchpur was called to the court by the prosecution and submitted for examination but it was observed by the court that despite being put various questions in vernacular she did not say anything. She also did not understand the sanctity of oath and therefore, her examination had to be dispensed with on the request of the prosecution.

PW10 Rajbir aged 30 years is the son of Baje Singh and is also a resident of the village Mirchpur. He is totally illiterate and is a labour on daily wages doing the work of mason. This witness in his examination in chief has not mentioned about the incident dated 19.4.2010 though he has made a causal reference to the same. In so far as the incident dated 21.4.2010 is concerned he has deposed that on the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 59 said date the persons belonging to 'J' community had got together and come to the 'B' Mohalla duly armed with jellies, lathies, oil containers and did mar pitai and also used abuses stating "chooreya nu jala do" and while using such abuses pelted stones. According to the witness 300-400 persons from 'J' community had come and had burnt houses of Tara, Dhupa and large number of other persons belonging to the 'B' community but he can only recognize the son of Pale whose name he is not aware and one boy whose name is Petla. He has also stated that in this incident he had received brick injuries on his ankle and his medical was conducted on 30.04.2010 and his MLR is Mark M1 (later on Ex.PW59/A after it was proved by Dr. Pale Ram). It was on a specific query by the court that the witness admitted that he had received a compensation to the tune of Rs.25,000/- from the Government. Further when all the accused were specifically put to the witness for identification, he could only identify Rajender S/o Pale by putting his hand on the accused but not by his name despite having specifically named him earlier. However, he could not identify the accused Petla when put to him.

In his cross-examination the witness has stated that the police did not record his statement on 21.4.2010 but had only made inquiries from him but later on stated that the police had made inquiries from him on 30.4.2010 and not on 21.4.2010 and the police officer who was making inquiries from him was also writing down what he was saying. According to the witness, he had informed the police officer recording his statement all that he has stated in the court but when confronted with his statement made to the police under Section 161 Cr.P.C. which is Ex.PW10/DX1 the facts as stated by him in his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 60 examination in chief regarding the dispute between the parties on a she- dog of Jai Parkash and the accused having come with jellies, lathies and oil containers and having made caste related remarks, were not so recorded. The witness has denied that he had named two boys on tutoring or that Rajender S/o Pale is not the same person whom he had seen at the time of rioting and had insisted that Rajender was one of the assailants.

The Ld. Defence counsel has cross-examined this witness at length. The witness has on the suggestion of the Ld. Defence Counsel stated that he is not aware if on 21.4.2010 Rajender was going to his fields on his cart/ buggi in the morning along with one Karam Pal and a large number of boys belonging to the 'B' community got together and had given a beating to Rajender and Karam Pal due to which reason the incident got aggravated and there was stone pelting from both the sides. He has denied that the boys belonging to 'B' community were in fact the first aggressors and in order to create false evidence they had themselves set fire to their properties and the accused had nothing to do with the incident but has admitted that there was stone pelting from both the side which lasted for about one and a half hour.

This witness has however admitted that a complaint had been made to the senior police officers but he is not aware of the contents of the same and whether the senior police officers were told that the boys of the 'B' community had made the first aggression which complaint was later on changed by the senior police officers. He has denied that he was not present in the village on the date of incident.

PW11 Smt. Madho aged between 65-70 years is the wife of Tek Ram and is a resident of village Mirchpur. She has not supported the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 61 case of prosecution with regard to the incident dated 21.4.2010 and also with regard to her statement made to the police under Section 161 Cr.P.C. which is Ex.PW11/PX1 and on the identity of the accused she has turned hostile. According to the witness, she was inside the house at the time of incident and she came to know that a quarrel was going on and stones were being pelted. She has neither identified any of the accused nor she has admitted her earlier statement and has denied having named any of the accused in her statement made to the police or that she had told the Investigating Officer that in this incident dated 21.4.2010 houses of large number of members of 'B' community were damaged and burnt.

PW12 Smt. Murti Devi aged 54 yeas is the wife of Karan Singh (the complainant in the present FIR) and is a resident of village Mirchpur. She has not supported the case of the prosecution in respect of the incident dated 21.4.2010, with regard to the statement made by her to the police under Section 161 Cr.PC which is Ex.PW12/PX1 and also on the aspect of identity of the assailants on which she has turned completely hostile. According to her, on the date of incident i.e. 21.4.2010, there was stone pelting in the village in which she received injury on her arm but she was staying inside her house when the stones which were being pelted out side her house, hit her arm but has stated that she did not see anything. She however admits that she had gone to get her medical conducted on 22.4.2010. She has denied her statement made and has not identified any of the accused in the court and has also stated that she cannot tell the community to which the aggressors belong.

PW13 Smt. Sunita aged 29 years has deposed that is the wife of Ved and is a resident of village Mirchpur and is a labour on daily wages. At the time when her deposition was recorded in the court she St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 62 was residing at Ved Pal Tanwar Farm House. At the very outset before starting to analyze the statement of this witness I may observe that the actual name of this witness is Kanta and not Sunita and she has wrongly deposed by claiming herself to be Sunita. In fact it is also observed by this court that she has wrongly shown the MLR of her son Sunil aged 10 years as her own MLR vide Ex.PW13/A bearing her thumb impressions. When this witness was cross-examined by the defence with regard to her identity she stated that she was also known as Kanta but insisted that her real name was Sunita which name was present on all the documents including ration card, election card etc. When asked to produce the proof thereof she did not do so. Rather, later when her mother in law Kela was examined as PW20 it was she who produced her election card and informed the court that Sunita the present witness was in fact her daughter in law Kanta. This establishes that Kanta has impersonated herself as Sunita and has deposed as such.

Though in her examination in chief she has deposed regarding the incident dated 19.4.2010 but it is evident from her cross- examination that it is on the basis of hearsay and she is not an eye witness to the incident. She has admitted that on 19.4.2010 at the time of the incident she was working at the Bhatta of Suresh and therefore, under these circumstances her testimony to this extent is inadmissible. Further, she has also testified that on the next day that is 20.4.2010 the persons belonging to the 'J' community had called for their Panchayat. Further, according to the witness on 21.4.2010 around 500-600 persons belonging to the 'J' community came to the 'B' Mohalla at about 8:00 AM and started pelting stones and there was arson which went on for about three hours and at around 11 AM these persons started putting fire.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 63 According to her, the said persons had containers filled with oil and bullock-carts filled with stones and they first set the house of Suman on fire in which the whole house was burnt including the father and the daughter namely Tara Chand and Suman. She has also deposed that the SHO Police Station Narnaund and other police officers had come at about 10:00 AM in four-five vehicles also participated in the same while the arson/burning started at about 11:00 AM and a large number of ladies were also present in the crowd who had covered their faces with chunnies. She has testified that she is not aware the names of said ladies but she could identify them on seeing them and even the men had covered their faces but she could only identify some of them but not all because of these reasons. The witness has also deposed that the houses of Pala, Chander, Satya Fauji, Gulaba, Surta and others all belonging to 'B' community were also set on fire and around 20-25 houses were burnt in all. According to her, the persons who were the aggressors numbering about 500-600 were also shouting "choorya ko aag laga do" which they did after surrounded the Basti and when this incident was happening she went inside her house along with her children. She has further deposed that she was ailing at that time and witnessing the incident by standing on the front side gali since there was fire on the back side gali when she was hit by a stone on her left hand and on the 3 rd or 4th day they left the village under police protection and went to the residence of the DC Hissar on a Dharna. According to the witness, it was at the residence of the DC Hissar that she was given medical treatment and her hand was bandaged and she went to the government hospital after three to four days for changing of her bandage. She has proved having put her thumb impressions on her MLR which was done in the Hissar hospital which St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 64 MLR is Ex.PW13/A. On the directions of this court the right and left hand thumb impressions of the witness were taken in the court and placed on the judicial record and it has been observed by the court that the same are not matching as the MLR Ex.PW13/A in fact belongs to her son Sunil aged 10 years and not to the witness and when specifically cross-examined on this aspect and asked to explain this discrepancy, she simply stated that the doctor did not ask her the age. She also stated that her medical was conducted after three to four days of the incident when they had gone to the house of DC for Dharna which is incorrect since the said MLR of the child is dated 2.5.2010 that is after eleven days of the incident. This establishes that she has also made a false statement before this court on the aspect of this MLC.

This court had put a specific question to the witness if she could identified the SHO on which she stated that she could not identified him but knew that the SHO was present because she saw that a large number of police officers had come in four vehicles. This witness has also alleged that she had seen some police officers telling the crowd to indulge to rioting but she could not identify any one of them and when the accused Vinod S/o Ram Niwas who was the SHO Police Station Narnaund was put to her but she could not identify him.

She has not named any of the assailants and it was only after the accused were specifically put to her, that she has identified Rajender S/o Pale Ram as the person because of whom there was the incident of quarrel and who was indulging into arson, rioting, stone pelting. She also identified Papu S/o Pyare Lal as the person who had brought the rehri/ bullock-cart filled with stones.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 65 In her cross-examination by Ld. Defence counsel the witness has admitted having received a compensation from the Government for a sum of Rs.25,000/- and according to her it was only the visit of Sh. Bhupender Singh Hooda that she came to know that all persons who have an MLR would be getting compensation and not others.

This witness has been exhaustively cross-examined on the aspect of the incident dated 21.4.2010 and she has denied that she has appeared in the court at the instance and on the tutoring of Ved Pal Tanwar, police officers and the various lawyers who had been visiting the Tanwar Farm House where she is staying after the incident. I may observe that for the reasons discussed herein above this witness Sunita who is actually Kanta is not a reliable witness and her testimony being tainted with falsehood is liable to be rejected.

PW14 Smt. Angoori aged between 65-70 years who is the wife of Sh. Dalip Singh and is a resident of village Mirchpur, has been dropped as a witness by the Special Public Prosecutor for the victims and not examined keeping in view her age and physical condition. She has been observed to be paralytic on the left half of her body and has been brought to the court on a wheel chair and she is also blind by one eye(left) and when questioned did not seem to know anything about the incident.

PW15 Smt. Krishna aged between 40-45 years is the wife of Raghubir and is a resident of village Mirchpur and is a daily wager by profession. She has not supported the case of the prosecution at all. She has turned hostile on the aspect of the incident dated 21.4.2010 and also on the identity of the accused and has denied having received any St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 66 injury on her body or that she had received any compensation from the Government. She has not admitted her statement made to the police under Section 161 Cr.P.C. which is Ex.PW15/PX1 wherein she had named Pappu S/o Payara, Pradeep S/o Jagbir, Pradeep S/o Jai Veer and Pardeep S/o Satbir of 'J' community. According to her, she has not received any injuries in the incident dated 21.4.2010 nor she had got her medical examination conducted. She also has stated that there was no damage to her property and she did not get any compensation from the Government. She has however admitted that her daughter Suman had sustained injuries in the incident but has stated that neither she nor her daughter got their medical conducted from the Hissar hospital. Her MLR Ex.PW15/A was put to her which she denied but it was observed by the court that her thumb impressions taken in the court matched with the thumb impressions present on the MLC. She has denied that she has been won over by the accused who are from the dominant community and is deliberately not identifying the assailants out of fear.

PW16 Mrs. Ishro wife of Pasha a resident of village Mirchpur claims that she is 60-70 years of age but appears to be 50-55 years. She has not supported the prosecution case on both incident i.e. on 19.4.2010 and 21.4.2010 and also on identity of accused and has been declared hostile by the prosecution. She has not supported her earlier statement made to the police under Section 161 Cr.PC which is Ex.PW16/PX1. She has denied that she in her earlier statement made to the police made allegations against Manbeer S/o Zile Singh, Manjeet S/o Mahender Singh, Naseeb S/o Prem Singh, Nikli S/o Lalla of 'J' community, or that she has been own over by the accused. Rather, in her cross examination she has voluntarily told the court that she was told by St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 67 Satyawan (belonging to 'B' community) that in case if she makes a deposition against the accused she would be given lands and Rs.16 lacs.

PW17 Smt. Shanti aged 70 years is the wife of Jugti Ram and is a resident of village Mirchpur. It was observed by the court that when this witness came for her deposition she had come in the vehicle belonging to the 'J' community and on query the court was informed that she had even stayed with them at Nangloi. Thereafter when she was examined she did not support the prosecution case with regard to the incident dated 21.4.2010 and also with regard to the identity of the accused and has further denied having made any statement to the police under Section 161 Cr.P.C. which is Ex.PW17/PX1, wherein she had named Sandeep Langra S/o Chander Fauji, Sanjay S/o Amar Lal, Sanjay Handa S/o Dayanand and Satta S/o Karan Singh of 'J' community and has therefore been declared hostile by the prosecution.

According to her one month prior to the incident, she got her eye operated and was lying inside the house and in the evening she came know that some fire had been put but she is not aware as to who had done it. She has deposed that there was no damage to her house nor she has received any compensation from the government.

PW18 Smt. Chander aged between 30-35 years is the wife of Sajna and is a resident of village Mirchpur and is a daily wages labour by profession. She has not supported the case of the prosecution with regard to the incident dated 21.4.2010, with regard to the identity of the accused and also with regard to her statement made to the police under Section 161 Cr.PC on 18.5.2010 which is Ex.PW18/PX1 wherein she had named Vikas S/o Sunehra, Vinod S/o Jagde, Vipin S/o Jogender Singh and Zile Singh Master all belonging to 'J' community assailants St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 68 and has stated that she does not know any one of them. She has been declared hostile by the prosecution.

According to her on the date of the incident she was giving fodder to her cattle when she heard a lot of noises and there was a stone pelting going on and some stones also landed on the courtyard and roof of the house where her cattle was tied on which she came back to her house along with her children. She has deposed that while she was putting fodder for the cattle she was hit by a brick and received injury on her side and was got medically examined after three - four days from Government Hospital, Hissar vide MLR Ex.PW18/A. However, she has admitted that she had received compensation to the tune of Rs.25,000/- from the government.

PW19 Ms. Pooja aged 18 years is the daughter of Surta and is a resident of village Mirchpur. She has not supported the case of the prosecution and has been declared hostile by the prosecution. She is neither an eye witness to the incident dated 19.4.2010 nor of 21.4.2010 as she has stated that she had gone to her mama's house in village Sau on 18th and on 19th her brother had given a call to her informing her that there was some quarrel when she was at her mama's place and she returned from her mama's house after 20-25 days. This court has however observed that at the time when the witness had come for deposition, she was having severe burns and had bandage on her right arm and right side of her body till her legs and the entire portion is burnt. At one place on a specific query by the Court as to how she received the said injuries, she explained that she was getting fits for the last many years and she had got burnt when she was near the fire place in her house when she had fits and fell on the chulla and sustained burn injuries on the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 69 day when there was a quarrel but thereafter despite a sustain questioning by the court the witness did not say anything about the incident and persisted to maintain that she was not aware of what happened in the village. Rather, according to her she had sustained injuries on the 6 th of the month which she does not remember but maintained that it was not during the incident. She has denied having made any statement to the police which is Ex.PW19/PX1 wherein she has named Rajender as the person who had caused injuries to Karan Singh and Veer Bhan on 19.4.2010 or Ramesh S/o Daleepa, Sandeep, S/o Mahender, Sandeep S/o Prem and Sandeep S/o Raj Kumar all belonging to the 'J' community as the persons who along with the other boys had brought bricks stones, lathies and other object in their hands and surrounded the 'B' Basti and started abusing them by addressing them with caste. She has denied that these boys entered in the houses belonging to the members of 'B' community and assaulted them and set them ablaze and started destroying the house hold properties and committed robbery of the articles lying in the houses or that she had told the police that one Suman D/o Tara Chand and Tara Chand both belonging to the 'B' community died in because of burns after their house was set on fire. She has specifically denied that she had sustained burns in this incident on 21.04.2010 and she had also got her medical conducted from the government hospital, Hissar. She has denied that she was taken to government hospital Hissar and provided medical treatment on 04.05.2010 vide MLR Ex.PW19/A and is unable to tell if the thumb impression at point A belonging to her but rather insists that she had never gone to the hospital. She has denied the suggestion that the thumb impression on Ex.PW19/A belonged to her. Here, I may observe that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 70 the above MLR does not show the burn injuries which have been observed by the Court.

Witness Pooja has admitted that she had got the compensation from the government and has voluntarily added that she had got Rs.1 lac at one time and Rs 10 thousand at another time and has explained that it was not compensation on account of the burn injuries which she has sustained but it had been given to her mother because their house had got burnt. She has admitted that the government had rebuilt a pucca house for them and the compensation given to them was because their house was burnt by the persons belonging to the 'J' community in the incident on 21.04.2010 but is unable to tell if a compensation of Rs.25 thousand was also given to her family because she had sustained burnt injuries in the incident dated 21.04.2010 being unaware of the same. She is unable to tell if in the incident dated 21.04.2010 her father, mother and brothers also sustained injuries because according to her she was at her mama's house at that time.

PW20 Smt. Kela aged between 50-60 years is the wife of Jai Singh is a resident of village Mirchpur. I may observe that smt. Kela is the mother in law of PW13 Sunita whose real name is Kanta and is the wife of Ved the son of Kela the present witness. Smt. Kela has proved that Sunil aged 10-12 years is her grandson being the son of Ved and Kanta. In order to prove the identity of Kanta who has appeared in the court and deposed as Sunita (PW13) and has in her testimony falsely identified the thumb impressions on the MLR of Sunil Ex.PW13/A as her own MLR and thumb impression, Smt. Kela has placed on record the election I Card of Smt. Kanta which is Ex.PW20/DX1. This court has observed that in fact Ex.PW13/A is the MLR of Sunil the son of Ved and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 71 the grandson of Smt. Kela and his age has been specifically shown as 10 years in the said MLR establishing that Sunita had made a false deposition not only qua her name but also identified the MLR of her son Sunil as her own.

She has not supported the case of the prosecution on both incidents that is dated 19.4.2010 and 21.4.2010 and also on the aspect of identity of the accused. She has also denied having made any statement to the police under Section 161 Cr.P.C. which is Ex.PW20/PX1 wherein she had named wife of Dilbagh, wife of Motu, Sumitra W/o Dharambir, Sandeep S/o Jogender, Sandeep S/o Karan Singh all belonging to 'J' community as the assailants. She has also denied that she was taken to the Government hospital, Hissar, and was given treatment on 2.5.2010 vide MLR Ex.PW20/A but admits that her thumb impression at point A belonged to her and has explained that in fact she had put her thumb impression in the house of Satyawan in the presence of one lady who had asked her to affix the same. This witness has been declared hostile by the prosecution on the above aspects. She has however admitted having received compensation to the tune of Rs.25,000/- from the government that is Rs.10,000/- at one time and Rs.15,000/- at another occasion. She has further admitted that after the incident on the next day i.e. 22.04.2010 she and her family had left the village and had gone to her daughter's at village Ugaran, Distt. Hissar and stayed there for one day and thereafter shifted to the house of the in- laws of her son at village Gadi, Hansi, District Hissar. She has admitted that police had come to the village after the incident but no inquiries were made from her.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 72 PW21 Smt. Sunita aged 25 years is the wife of Satbir and is a resident of village Mirchpur. She has not supported the prosecution case with regard to the incident dated 21.4.2010 and on the identity of the accused and also with regard to her statement made to the police under Section 161 Cr.PC which is Ex.PW21/PX1 wherein she had named Sattu Singh S/o Ranbir Master, Satyawan S/o Tajender, Shamsher S/o Tajender, Shila S/o Bhira @ Beerha belonging to 'J' community and with regard to the identity of the assailants. She has been declared hostile by the prosecution.

According to her she is not aware of any incident dated 21.04.2010. She has deposed that she was working in the fields of Ranbir and she came back at around 1:00 PM (noon) and on seeing dust rising from the village, she rushed back towards her house as her children were alone. She has also stated that she did not receive any injury and has admitted that no medical was conducted at any point of time and when she was asked to identify her thumb impression on MLR Ex.PW21/A, she explained that it bears her thumb impression but some persons had come to the village and taken her thumb impressions on the said document. She further admits that she received a compensation amount of Rs.25,000/-, that is Rs.15,000/- at one time and Rs.10,000/- on another occasion, but has denied that she had got this compensation as she had received injuries and also denied that she has been won over.

PW22 Aman S/o Surta, aged 22 years, is the resident of village Mirchpur. He is totally illiterate and is working as labour in the fields belonging to Kishan numberdar (a member of 'J; community) on yearly basis. He has not supported the case of the prosecution with regard to the incident dated 19.4.2010 and 21.4.2010 or with regard to St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 73 the identity of the accused. He has also not admitted his earlier statement made to the police on 18.5.201 which is Ex.PW22/PX1 wherein he had named Dhaula S/o Satyawan, Dilbagh S/o Guniya, Jogal @ Dogar S/o Hawa Singh, Jagla S/o Lehra, Jitender S/o Satyavir, Johra S/o Balwan, Kala S/o Kuldeep, Kala S/o Satyawan all belong to 'J' community and has turned hostile on the identity of the accused.

According to him, he did not receive any injury on 21.4.2010 but earlier to that on 19.4.2010, he was in the village and in the evening while he was coming back from the fields, there was a maar- peet (quarrel) going on in the main gali and while he was passing through the gali he also got injury as he tripped and fell. He has admitted that he had got his medical conducted at Hissar Hospital on 2.5.2010 but has clarified that this was on account of the injuries received by him on 19.4.2010 and not in the incident dated 21.4.2010. He has admitted that he had received a compensation amount of Rs. 1 lac which according to him was given because his house was got burnt.

PW23 Satbir aged 42 years is the son of Bhale Ram is a resident of village Mirchpur for the last 15-20 years. This witness has not supported the case of the prosecution and has turned hostile on the aspect of the incident dated 21.4.2010 and identity of the accused and also with regard to his earlier statement made to the police under Section 161 Cr.P.C. which is Ex.PW23/PX1 recorded on 18.05.2010 where in he had told the police that on 21.04.2010 he was present at village Mirchpur when he saw Sonu S/o Ramesh S/o Balkishan, Sonu S/o Dalbir, Tinku S/o Sewa Singh driver, resident of Petwai and Teena S/o Rajbir Vedi S/o Karan Singh along with other boys all belonging to 'J' community brought bricks stones, lathies and other object in their hands and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 74 surrounded the 'B' Basti and started abusing them by addressing them with caste names or that these boys entered the houses belonging to the members of 'B' community and assaulted them and set them ablaze and destroyed the household properties and committed robbery of the articles lying in the houses. He has further denied having told the police that one Suman D/o Tara Chand and Tara Chand both belonging to the 'B' community died in because of burns after their house was set on fire.

According to the witness, he had heard that some incident had taken place in the village and there was a hungama and arson. He has stated that on the day of the incident he was in the fields of Ranbir (a member of 'J' community) since 6-7 AM and was in the fields since it was harvesting season. He has stated that when he came to know of the incident and he was told by the persons not to go to the village but since he was worried on account of his small children, he went back to his house which is situated towards the jhor/pond on the direction of the water supply office. According to him, he had gone back in the afternoon and when he reached the village there was a lot of commotion and police force was present in the village when he heard that one girl and a person had got burnt. He has further deposed that the fire/smoke was seen in the entire village but he is unable to tell exact the places which were on fire.

According to this witness his house is away from the main village and therefore he is unable to tell anything about the incident. He has further deposed that after the incident on 22.4.2010 he left the village for village Barwala, District Hissar and came back only after 15-20 days of the incident. He is therefore unable to tell whether the police had come to the village but insists that they never recorded his statement. He St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 75 has denied that he had sustained injuries in this incident on 21.04.2010 or that he had got his medical conducted from the government hospital Hissar on 02.05.2010 and has voluntarily added that he had fled the village out of fear and was staying at Hissar and he had gone to the hospital on 02.05.2010 for check up since he was feeling scared. He has admitted that his MLR Ex.PW23/A which bears his signature at point A and has admitted having received a compensation from the government to the tune of Rs.25 thousand. According to him, he had received Rs. 15 thousand on one occasion and Rs 10 thousand on another occasion and he had also received four kattas of wheat and has denied that he had received the compensation on account of the injuries received by him in the incident dated 21.04.2010 due to stone pelting by the persons from the 'J' community. The witness has stated that he does not know Ramesh Kumar and has also stated none of his nephew is known as Ramesh. He has further admitted that he has also received Rs.10 thousand from the government for coming back to the village and has voluntarily added that the entire 'B' Mohalla has received the same and has denied that he is deposing falsely being won over by the dominant community.

PW24 Suresh aged 30 years is the son of Mohinder Singh and is a permanent resident of village Mirchpur. He is a graduate and is working with Bajaj as a corporate agent and is a formal witness being the nephew of the deceased Tara Chand who has identified his dead body at Civil Hospital, Hissar.

He has proved that on 22.04.2010 he had gone to Hissar after receiving a call from Amar S/o Tara Chand regarding a quarrel in which Tara Chand had expired. He has deposed that he reached Hissar Civil Hospital on 22.04.2010 at about 10 AM and thereafter he identified St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 76 the dead body of Tara Chand and his daughter Suman and received the same vide his statement Ex.PW24/A and received the said body of Suman vide receipt Ex.PW24/B.

In his cross examination by Ld. Defence Counsels he has admitted that he did not see the incident dated 21.04.2010 and whatever he had told to the Investigating Officer was on the basis of information given to him on telephone by the family members of Tara Chand.

PW25 Sushil aged 35 years is the son of Surta and is a permanent resident of the village Mirchpur since his birth. He is totally illiterate and he can only put his thumb impression being a labour working as daily wager. At the time of his examination this witness had come from the Farm House of Ved Pal Tanwar at Camry Road, Hissar. I may observe that this witness has in his examination in chief only made a casual reference to the incident dated 19.4.2010 and in so far as the incident dated 21.4.2010 is concerned he has specifically deposed in respect of the same as an eye witness but has only identified the accused Ramphal S/o Prithi, Bobal S/o Teka, Nanha S/o Mahi Chand, Rajender S/o Pale and Satta S/o unknown, in his examination in chief. Further, he has denied having made any statement to the police which is Ex.PW25/PX1 wherein he had named a number of other accused namely Rishi S/o Satbir, Pradeep S/o Balwan, Kulvender S/o Ram Mehar, Rupesh S/o Tika Ram, Monu S/o Dr. Suresh, Monu S/o Dr. Suresh, Ramesh S/o Karan Chand, Gagghar S/o Trara Chand, Rajesh S/o Dhuppa, Daya S/o Jeet Ram, Dalbir S/o Dalip, Pradeep S/o Ramphal, Hoshiyar S/o Ramphla, Ram Mehar S/o Gulab, Deepak S/o Ajmer, Satish S/o Ajmer, Rajinder S/o Dhupa, Sukhbir S/o Manphul, Surender S/o Jagdev Kulvant S/o Chander Singh, Surernder S/o Jagdev, Balwan St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 77 S/o Dharmabir, and also the accused Rajesh S/o Om Praksh, Dalbir S/o Dalip Singh, Dharambir S/o Tara, Roshan S/o Ram Swaroop. He has denied that he has been won over by the above accused.

According to the witness, on the 19th of the previous year there was quarrel between Karan Singh and Virbhan with certain boys belonging to 'J' community on a she-dog belonging to Karan Singh pursuant to which some persons of 'J' community had taken Veer Bhan and Karan Singh to the house of Rajinder S/o Pali where they were beaten. Karan Singh and Veer Bhan were then taken and got admitted to Hissar hospital by persons belonging to the 'B' community and but were discharged on next day after which they returned to the village. There was a Panchayat of persons belonging to 'J' community in the house of Rajinder and on 21st at about 11:30 AM a large number of persons numbering around 350 belonging to 'J' community started burning houses in the main gali who burnt the houses belonging to Sanjay S/o Banney Singh, Rajender S/o Mahender, Manoj S/o Mahender. Witness has further deposed that they were carrying oil cans, gandase and jellies in their hands and were damaging the houses belonging to the persons of the 'B' community. He has further deposed that these persons started pelting stones and surrounded/ gheraoed the 'B' Basti. According to him, they also burnt the house of Tara Chand where Tara Chand and his daughter Suman were burnt to death in the fire and did torphor (caused damage) in the Basti. He has stated that the houses which were situated adjoining the water tank near the house of Gulab Singh were all burnt. He has identified Ramphal S/o Prithi, Bobal S/o Teka and Nanha S/o Mahi Chand.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 78 After the accused were specifically put to him on his request, he thereafter identified Rajender S/o Pale and Satta whose father's name he is unable to tell, by putting his hand on them as the persons who were mainly responsible for the incident. He has further identified Ramphal as the person who had removed his clothes and started dancing in front of ladies totally naked, Rajbir S/o Mahi Chand, who he submits is known as Nanha in the village as the person who was present along with Ramphal in the torphor and dancing, Bobal @ Langra as the person who was bringing out the household articles like TV, fridge etc. and damaging/ breaking them.

Witness Sushil has further deposed that he had received injuries in this incident and his medical was conducted on 30.4.2010 in the village itself when the team of doctors had come to the village which MLR is Ex.PW25/A. He has further deposed that his household articles were also damaged and his TV, fridge, chairs, bed, container of grains were all damaged. According to the witness his Godrej almirah was opened and cash and jewelery articles and mobile phone were taken by them. This witness has further deposed that it was the accused Bobal who along with other boys whom he cannot identify, had come to his house and damaged the property and looted it. He has further deposed that he had received a total compensation for a sum of Rs.15,000/- only and also has stated his statement was recorded but the police but he is unable to tell the date.

During the course of his examination this court had specifically questioned the witness with regard to the details of the other accused so named by him in his statement to the police on which he explained that in so far as he recollected he had named many boys but at St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 79 the time of the incident there was so much of confusion that he could not properly identify the said boys and now cannot recollect. He has also explained that at the time of the incident he was not present at the spot where the incident was actually happening but was in the same village towards the inner side of the Basti near his father's house and the place where the incident actually happened was near the water tank where he was not present. He has denied the suggestion given to him by the Special Public Prosecutor for the victims that he was present at his house at the time of incident and not at his father's house.

During cross examination by the Ld. Defence Counsels the witness has admitted that he is staying in the farmhouse of Vedpal Tanwar only for the last two months prior to his deposition in the court and the reason given by him as to why he had left the village after about 8-9 months of the incident is because he felt threatened. According to him, some young boys belonging to the 'J' community had put a loudspeaker/ audio system and moved around the village making a general announcement that the persons from the 'J' community have nothing to do with the 'B' and also made remarks like "pachas mar jao sau mar jau chhoron ko chhuta ke chhodengae" (whether 50 die or 100 die but they will ensure that their boys are set free) and therefore feeling scared they moved out of the village. He has admitted that there is a heavy police presence in the village since 21.4.2010 and also that senior police officers often visit the village. According to him, this warning on the audio system was given on 19 th (month he does not remember) and he had also told the police about the same in his complaint on the same day and according to the witness it was Veer Bhan who had made telephone call to the SHO informing him that the boys were roaming St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 80 around in the village making these kind of announcements and warnings but no action was taken. Witness has admitted that he did not go to the police post at Mirchpur to inform this incident and has explained that this incident of announcement was prior to the CRPF deployment at village Mirchpur. He however admits that at that time of this incident nakas/ police pickets were present at the village and there was a posting of about 250 police officials at police chowki Mirchpur. On a specific question by the court the witness has informed that he personally did not make any complaint to the police regarding this incident. He has denied the suggestion that there was no such incident of announcements being made in the village.

The witness has admitted that his statement was recorded on 30.4.2010 by the police and has stated that he had told the police in his statement dated 30.4.2010 that the initial dispute was with regard to the she-dog of Karan Singh but when confronted with the statement of witness recorded by the police on 30.4.2010 which is Ex.PW25/DX1, it was found that this fact was not mentioned. He has also stated that he told the police on 30.4.2010 that on 19th some persons belonging to the 'J' community had taken Virbhan and Karan Singh to the house of Rajender S/o Pale of 'J' community where they were beaten after which they were hospitalized at Hissar hospital and were discharged on 20.4.2010 but on confrontation this fact was not found to be recorded in Ex.PW25/DX1. Witness has further deposed that he had also told the police that a Panchayat of 'J' community was held after which they gathered on 21.4.2010 and at 11:30 AM about 350 persons belonging to above community started burning houses in the main gali but when confronted with the statement of witness recorded by the police on 30.4.2010 St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 81 Ex.PW25/DX1, this fact regarding the panchayat was not found to be recorded but only the subsequent incident of 21.4.2010 regarding stone pelting, arson, etc. finds a mention. Witness has further deposed that he had also told the police that they burnt houses of Sanjay S/o Banney Singh, Rajender S/o Mahender, Manoj S/o Mahender and that they were carrying oil cans, gandases and jellies in their hands and were working the houses belonging to the 'B' community. They started pelting stones and surrounded / gheraoed the 'B' Basti but when confronted with his statement Ex.PW25/DX1, this fact was not found so recorded. He has further deposed that he had also told the police that they also did torphor in the Basti and the houses which were situated adjoining the water tank near the house of Gulab Singh were all burnt but when confronted with his statement Ex.PW25/DX1 this fact was not found so recorded. He has further deposed that he had told the IO that his house hold articles were also damaged and that his TV, fridge, chairs, bed, container of grains were all damaged and that his Godrej almirah was opened and cash and jewelery articles and mobile phone were taken by these boys and it was Bobal who had come to his house along with other boys whom he cannot identify, who had come to his house and damaged the property and looted it but when confronted with his statement Ex.PW25/DX1, this fact was not found so recorded. This witness has also stated that he had told the police that he can identify these boys who were resident of village Mirchpur amongst whom are Ramphal S/o Prithi, Bobal S/o Teka, Nanha S/o Mah Chand, Rajender S/o Pale and Satta S/o unknown but when confronted with his statement Ex.PW25/DX1, this fact was not found so recorded though the names of the boys found a mention in the statement. He has further denied the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 82 suggestion that he improved upon his earlier statement dated 30.4.2010 i.e. Ex.PW25/DX1 only at the instance of Vedpal Tanwar and the police officials.

PW26 Raju aged 32 years is the son of Pasha Ram and is a resident of village Mirchpur. He has not supported the prosecution on the aspect of incident dated 21.4.2010 or on identity of the accused and has also denied his statement made to the police under Section 161 Cr.P.C. on 30.04.2010 which is Ex.PW26/PX1 wherein he had named Ram Phal, S/o Prithvi, Bobal S/o Tek Ram and Hem Chand, S/o Surjeet and has been declared hostile on the identity of the accused.

According to the witness, on 21.04.2010 he was at his shop doing his work, when he came to know that some incident had happened in the village and he went to the main gali when he found that there was a stone pelting and disturbance in the village on which he came back home and did not see anything.

The witness has admitted that his medical examination was conducted on 30.04.2010 as he was injured on his foot as he was hit with a brick and that his MLR Ex.PW26/A bears his signature at point mark A. He has admitted that he had received compensation for a sum of Rs.25 thousand but has denied that he had received compensation because he had been inflicted injuries by persons belonging to the 'J' community. He has denied the suggestion that he has been won over by the persons from the dominant community due to which reason he has not supported the case of the prosecution.

PW27 Ravi aged 19 years son of Mahender is a resident of village Mirchpur and is a daily wager in the village Mirchpur. This witness has admitted that there was an incident of arson in the village on St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 83 21.4.2010 but has turned hostile with regard to the identity of the accused and his statement made to the police under Section 161 Cr.P.C. which is Ex.PW27/PX1 wherein he had named the accused Bobal, Illa, Hem Chand S/o Surjeet as the persons who were pelting stones.

According to him, on the date of the incident that is on 21.04.2010 he was at his house when he heard the rolla/noise on which he came out and went towards the direction which was towards the 'B' Chaupal where he saw that there was stone pelting and arson on which he immediately returned to his house but was hit with a brick and was injured on his left shoulder. Witness has further deposed that he saw that there was a quarrel going on between the persons of the 'J' community and 'B' community and there was fire in the houses belonging to the members of 'B' community but he could not identify anybody because their faces were muffled.

The witness has however admitted that his medical examination was conducted on 30.4.2010 and his MLR Ex.PW27/A was prepared but has denied the suggestion that he has been won over by the persons from the dominant community due to which reason he has not supported the case of the prosecution.

PW28 Sandeep aged 21 years, son of Satpal is a resident of village Mirchpur since his childhood and is a daily wager. He has present in the village on the date of incident and has supported the prosecution case on the aspect of the incident and has also identified the accused Anil S/o Prem Singh and Amir S/o Tara Chand as the persons who were setting the houses of the members of the 'B' community on fire but has turned partly hostile on the identity of accused Ajeet S/o Sukhbir and Anoop S/o Dharma whom he had earlier named in his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 84 statement under Section 161 Cr.P.C. which is Ex.PW28/PX1 both of whom are belonging to the 'J' community and had been named by the witness as the persons who were indulging into arson, looting and stone pelting. He has denied that he has been won over by the accused Ajeet S/o Sukhbir and Anoop S/o Dharma. Soon after the incident he had shifted to his bua's village at Bahri, District Karnal and came back to village Mirchpur after receiving summons from the court.

According to the witness he was at his house on 21.04.2010 when 300-400 persons belonging to the 'J' community came to the 'B' Mohalla where his house is situated. He has deposed that these persons had brought stones in a rehri and containers of oil and started burning the houses of the members of 'B' community in the mohalla and were also carrying lathies, gandases etc. and all of them gathered in the middle of the 'B' Mohalla where his house is situated. Therefore, being scared and apprehensive he went to the roof of his house where he witnessed the incident. According to him, these boys belonging to the 'J' community were indulging into arson (putting fire to houses), looting and some of them were dancing naked and has further deposed that the first house which was set on fire belonged to his brother Sanjay and he had received injuries on his chest as he was hit with a brick and his medical was conducted after 5-7 days of the incident at Hissar hospital vide MLR Ex.PW28/A. This witness has specifically told the court that he cannot name the assailants but if they are put to him, he could identify them. On this all the accused were put to the witness and out of them he has only identified the accused Anil S/o Prem Singh and Amir S/o Tara Chand as the persons who were setting houses on fire but not Ajeet and Anoop whom he had earlier named in his statement to the police under St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 85 Section 161 Cr.P.C. which is Ex.PW28/PX1 which he has admitted.

I may observe that it was only on a specific query by the court that the witness has admitted having told the police that these boys were also using caste abuses while committing these acts of arson and looting and has specified that they were saying "chooro ke aag laga do dheda ne kad do bahar" (set the chooras on fire and remove them outside).

In his cross-examination by Ld. Defence Counsels the witness has deposed that he did not inform the police that his brother Sanjay's house was first set on fire nor did he tell the police that when the incident was happening he had gone to the roof of his house or that all of them had gathered in the middle of the 'B' Mohalla and has voluntarily added that the police was already standing near the water tank and witnessing the incident and were aware of these facts. According to the witness, he also did not tell the police that it was from the roof that he had seen that these persons belonging to the 'J' community setting the houses on fire but he had told the Investigating Officer that he had seen the persons from the 'J' community setting the houses of 'B' on the fire and not the fact that these persons were also dancing naked. He has further deposed that he did not tell the Investigating Officer the words used by the persons of 'J' community while abusing them that is "chooro ke aag laga do dheda ne kad do bahar".

This witness has also admitted that after the quarrel he remained in the village for about 5-7 days and had gone to Hissar only thereafter and during this period of 5-7 days there was sufficient police force and the senior officers including the SHO, DSP, SP used to St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 86 frequently visit the village. However, according to the witness none of the police officers met him but he was aware of the presence of SP and DSP as they had remained at the spot for many days. The witness has admitted that he did not make any statement to the police during these 5- 7 days and has voluntarily added that his statement was recorded much later in Hissar. He has denied the suggestion that he did not give his statement during these 5-7 days because he was not an eye witness nor he had witnessed/seen anything.

This witness has also deposed that immediately after one or two days of the incident they had gone on Dharna and that he got his medical conducted and his statement was recorded on the same day when his medical was conducted. He does not recollect the date of his medical examination and has stated that it could be on 08-09.05.2010 but has admitted that on 21.04.2010 the doctors had come to the village along with the police. The only explanation given by him for not getting himself medically examined on the said day is that many persons had been injured and had to be taken to the hospital. He has deposed that he did not tell the police that he himself had got injured and should be taken to the hospital and has explained that he stayed at the spot where Suman D/o Tara Chand had got burnt and was lying dead since there was a lot of bereavement in their family. Witness has also admitted that he did not go to the government doctor in the village during the period of 5-7 days when he remained in the village and has explained that there were a large number of persons who were taking treatment from the doctor and therefore, he went to Hissar for his treatment.

According to the witness he did not receive any compensation and has denied that he also got his medical conducted St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 87 belatedly only to secure a compensation for himself since others had got compensation on this ground or that he was not given the compensation despite his efforts because he had not sustained any injuries as he was not present at the spot.

The witness is not aware if SP Hissar had also made inquires from the villagers on 21.04.2010 itself and has denied that he was present at the time of the inquiry made by the SP and had told the SP that the incident arose out of a small dispute because milk was not distributed in the 'B' Mohalla by the accused Rajender S/o Pale due to which reason it got aggravated and there was stone pelting from both the sides which lasted for hours. The Ld. Defence Counsel has put a specific suggestion to the witness that on 21.4.2010 the accused Rajender S/o Pale and Karam Pal S/o Satbir were stopped by the boys from the 'B' community including himself and they all beat them up as Rajender S/o Pale who was running a dairy could not supply milk in the 'B' Mohalla on 20.04.2010 due to shortage of supply on which the witness has given a vague reply stating that he is not aware because he was not present in the village before 9AM having gone for a walk and returned only by 9 AM when he found stone pelting being done by large number of boys belonging to 'J' community. He has denied the suggestion that he had wrongly identified Amir S/o Tara Chand and Anil S/o Prem Singh on the tutoring and asking of Ved Pal and other persons of 'B' community only to falsely implicate them and to support the false case.

PW29 Dhoop Singh S/o Rattan Singh aged 74 years is a resident of village Mirchpur. This witness was having four shops at his house out of which two had been given on rent and he was running provisional stores in the other two shops. It is evident from the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 88 testimony of this witness that he is also involved in sale of liquor in the village and admits that he used to sell liquor in the village without a license as many other persons are doing though he has denied his involvement in criminal cases on account of the above, nor has he been taken to the police station or ever released on bail for the same. This witness has partly supported the case of the prosecution with regard to the incident dated 21.4.2010 and has even identified Sanjay S/o Daya Nand, Jogal S/o Hawa Singh and Bobal S/o Tek Chand but has not identified the accused Rajender S/o Pale, Surender S/o Jagdev, Rupesh S/o Tek Ram, Rishi S/o Satbir, Karam Pal S/o Satbir and Ramphal S/o Prithvi named by him earlier.

Dhoopa has also deposed about the incident dated 21.4.2010 but has admitted that when the incident took place he was at his home and therefore, he cannot tell the details of the assailants who were setting fire to the various houses and can only say that they were from the 'J' community. According to the witness on 21.4.2010 around 400 persons including ladies from the 'J' community had created a quarrel (rolla/ jhagra) near the 'B' Mohalla. He has deposed that they came along with buggies filled with stones, bricks, cans filled with oil and tried to enter inside the 'B' Mohalla which was not permitted by the members of 'B' community due to which reason they started pelted stones and surrounded the entire 'B' Mohalla and started burning houses belonging to persons of 'B' community. According to him, at that time he was lying down at his shop when he heard loud voices (rukka pukar) and when he came out he saw four boys entering into his house by breaking the gate/door of the compound whom he has named as Ramphal S/o Prithvi, Sanjay S/o Daya Nand, Jogal S/o Hawa Singh, Bobal S/o Tek St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 89 Chand. According to him, Ramphal S/o Prithvi gave a lathi blow on his left arm as result of which he received fracture while Sanjay S/o Daya Chand gave a danda blow on his left leg and the other two boys broke the cemented water tank. He has testified that they set fire to all his four shops where his articles were burnt including his record (behi khata) containing details of the credit transaction and the fire from his shop spread to his house and his entire house was burnt. According to him, his family members had run away and a large number of persons also came who were setting fire to various houses and they (persons from the 'J' community) broke the locks of his trunk (petti) containing money which was kept in the house and removed the cash to the tune of Rs.10 thousand but in the meantime at around 11 AM a government vehicle came and removed him to the hospital along with daughter of Tara who had got burnt and Raj Kumar S/o Kapoora. According to him, they were first taken to a hospital at Hansi where they were given first aid and bandage were put on his arm and later he was taken to hospital at Hissar. He has identified his MLR which is Ex.PW29/A and deposed that his medical was conducted at government hospital Hissar but he could not put his thumb impression of the MLR because of injuries. He has admitted that he had initially received a compensation of Rs.1,25,000/- when he was admitted in the Hissar hospital and later again he received a compensation of Rs.1,15,000/-.

According to this witness the police had made inquiries from him on 21.4.2010 but is not aware if his statement was also recorded or not. He has denied having told the police that Rajender S/o Pale, Surender S/o Jagdev, Rupesh S/o Tek Ram, Rishi S/o Satbir, Karam Pal S/o Satbir and other persons belonging to the 'J' community St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 90 had got together and come to the 'B' Basti and set 'B' Basti into fire by indulging into arson looting and stone pelting and has also denied having told the police that these persons were also by using caste abuses and has voluntarily added that they were giving very bad abuses but he did not tell the police because there was no occasion as his statement was never recorded. He has also stated that he did not tell the police that Raj Kumar S/o Kapoora, Sandeep S/o Raj Kumar, Gulab Singh Chowkidar, Maharjan S/o Satpal and other persons belonging to the 'B' community had also received injuries which were caused by Rajender S/o Pale, Surender S/o Jagdev, Rupesh S/o Tek Ram and has explained that he himself had received injuries when he was in his house whereas these persons had received injuries when they were at other places. According to him, apart from Suman Tara Chand has also expired as their house had been burnt in the rioting.

After all the accused were put to the witness he only identified the accused Sanjay S/o Daya Nand and Jogal S/o Hawa Singh but later when the accused Ram Phal S/o Prithvi and Bobal S/o Tek Chand were specifically put to him by Ld. Special Public Prosecutor he only identified the accused Bobal S/o Tek Chand but not the accused Ram Phal S/o Prithvi and has clarified that the assailant Ramphal whom he had identified at the spot was was having a beard but the accused Ramphal S/o Prithvi is clean shaven.

In his cross examination by the Ld. Defence counsel the witness has admitted that he was inside his house at the time of the incident and therefore could not tell the names of the persons who were setting the houses on fire but only adds that they were from Zamindar ('J') community and also adds that he could heard a hue and cry (ruuka -

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 91 pukar) to the extent "phook do phook dheda ne phook do" (burn the 'B'). Witness has admitted that the doctor in the hospital had asked him about his name, age, parentage and address and also as to how he received injuries and has stated that he had told them that these injuries had been inflicted to him by persons from the 'J' community when he was at his house at village Mirchpur but did not tell the names of the assailants to the doctor and has explained that he was not in his proper senses at that time. He has admitted that he did not receive any burn injuries and has stated that only his shops and house were burnt. According to him, he had remained in the hospital for three days as his blood pressure was very low and could not be controlled. He has further admitted that he had received treatment for injuries but thereafter remained in the hospital only because his blood pressure but not because of injuries and has explained that he had developed the blood pressure on account of the tension as his shops had been burnt.

The witness has further testified that the sum of Rs.10,000/- which was looted was out of his earnings and has stated that the compensation had been given to his wife when he was still in the hospital. He has deposed that he had been running the shops for the last ten to twelve years and has explained that previously he was selling liquor though he had no license for the same and has explained that nobody in the village has any license and liquor is being sold at every corner because the Thekedar leaves the liquor pouches for their sale. He has admitted that the police did not arrest Sanjay S/o Daya Nand, Jogal S/o Hawa Singh and Bobal S/o Tek Chand in his presence nor he had gone to jail at any point of time for their identification.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 92 The witness Dhoopa has denied that he is not a witness to the incident or that no such incident had taken place as deposed by him or that he was ever tutored at the farm house of Ved Pal Tanwar or told what was to be deposed in the court.

I may observe that though this witness has in his examination in chief deposed about the incident dated 19.4.2010 but it is evident from his testimony that he is not a witness to the said incident and has admitted that he was in his house at that time. In fact he has only deposed about the said incident dated 19.4.2010 on the basis of hearsay and therefore, no reliance can be placed on his testimony to that extent.

PW30 Mrs Santra aged about 30-35 years is the wife of Satyawan and is a resident of village Mirchpur and is a labour on daily wages and before the incident she used to do the cleaning work in the house of Bali Sarpanch. She has six children and her eldest child is a son aged about twenty years and at the time of deposition in the court she was staying at Ved Pal Tanwar Farm House. I may observe that this witness has made a casual reference to the incident dated 19.4.2010 but has clarified that it is on the basis of hearsay and she was not present in the village at the time of the incident dated 19.4.2010. According to her, she had gone to her relative's house on 19.4.2010 and returned only in the afternoon of 21.4.2010 that is on the date of the incident but despite a specific query put by this court she is unable to tell the time when actually returned to the village on 21/4/2010.

In so far as the incident dated 21.4.2010 is concerned she has not supported the prosecution version and in fact her statement under Section 161 Cr.P.C. has never been recorded by the Investigating Officer St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 93 despite the fact that she is a cited witness and it is for the first time that she has made a statement. According to her, the dispute between the persons from the 'B' and 'J' community arose on 21.4.2010 after a rumor spread in the village that son of Pale had either been killed or abducted by the members of the 'B' community on which the persons from the 'B' community were attacked and there was stone pelting on them. She has deposed that these persons from the 'J' community had brought cans of oil and started burning the houses of persons belonging to the 'B' community and the house of Tara Chand was first set on fire wherein both Tara Chand and his daughter Suman were burnt to death. According to this witness Santra, she had seen the incident and has stated that she also saw that it was the son of Pale who started this incident when the house of Tara Chand was set on fire and other persons joined him and some of these boys expose their bodies in front of their daughters and started dancing but none of the senior persons from the village objected to these acts of the boys though now they are coming and telling them to save these boys. According to Santra, she had fallen down because of the stone pelting and also received injuries and has stated that she was treated in the village when the medical team had come and her MLR is Ex.PW30/A. She has also stated that she could identify the assailants by faces but not by name.

After the accused were put to the witness, she could identify the accused Ram Phal S/o Prithvi by pointing out towards him as the boy who had the oil container and was setting houses on fire; Ved Pal S/o Sh. Daya Nand who is on bail, by pointing out towards him as the boy who had jellie/ gandasae and was indulging into stone pelting; Ramesh S/o Dalip Singh by pointing out towards him who is also St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 94 known as Gardulla in the village, as the person who was carrying lathi and was also indulging into stone pelting; Bijender S/o Hoshiar Singh by pointing out towards him as the person who was indulging into stone pelting; Rajender S/o Pale by pointing out towards him as the person to whom she was referring to as the son of Pale. She has stated that Rajender was the person who was carrying oil and had set the houses of persons of 'B' community on fire while others were indulging into stone pelting and dancing naked before the girls of the village belonging to the 'B' community. She has further identified accused Pardeep S/o Ramphal by pointing out towards him as the person who was dancing naked before the ladies of the 'B' community; Rishi S/o Satbir by pointing out towards him as the person who was carrying lathi and jerries in his hand and was throwing stones; Pardeep S/o Satbir by pointing out towards him and has further explained that both the earlier accused Rishi and Pardeep are real brothers and it was Pardeep who was in the front and was entering the houses of the persons belonging to the 'B' community by jumping the walls and shouting "utha leye dedo ki ladkiya ne inko gaon se kada gae" (pick up the girls of the 'B' and remove them from the village) and after entering their houses he was pulling the girls belonging to the 'B' community outside. She has further identified accused Rajender S/o Sadhu Ram by pointing out towards him and has stated that this accused is a daily wager and belongs to a very poor family having daughters but the other persons from the 'J' community had pressurized him on account of which he also joined them in pelting of stones. She has also identified accused Jagdish @ Jangla S/o Lehna Ram by pointing out towards him and has stated that he is also known as Fauji in the village and his father is known as Tara, as the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 95 person who had stated "maro in dedya ne bhanjod ne kutya ne" (beat these 'B' dogs) and has explained that it was the accused Fauji (i.e. Jagdish) who was carrying jellie and had indulged into stone pelting and also into beating with jellie.

In her cross-examination by Ld. Defence counsel the witness has deposed that the police had not recorded her statement at any point of time nor made any inquiries from her and voluntarily added that the police had collected all of them from the 'B' community and taken them to the 'B' Chaupal for settlement but her statement with regard to the incident was never recorded. She has however admitted that the police had made inquires from her on the date of the incident that is on 21.04.2010 and has stated that police remained in the village in the intervening night of 21-22.04.2010 but states that they were with the zamindars ('J'). She has also admitted that the seniors officers of the police including DSP and SP had also come to the village and also stayed in the village even after the incident and has stated that after 26.01.2011 she had left the village because they were being threatened that now there is going to be aar par ki ladai but prior to 26.01.2011 the police remained present in the village and used to meet them almost everyday after the date of incident. According to her, the police was pressurizing them to compromise the disputes with the accused but has stated that no senior police officer had met her on 30.04.2010 nor had made any inquires from her. She has denied that the police had been meeting her every day but she had been telling them that she could not identify anybody and when confronted from her statement Ex.PW30/DX1 wherein it was found to be so recorded she has denied the same. The witness has however admitted that she did not tell the police that she had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 96 got scared on seeing the crowd and therefore shut herself in her house and was confronted with her statement Ex.PW30/DX1 wherein it was so recorded she denied having made any such statement to the police. She has also denied that the police questioned her with regard to the identity of the accused in the village by showing many villagers belonging to the 'J' community but she did not identify any of them including the accused Ramphal S/o Prithvi, Ved Pal S/o Daya Nand, Ramesh S/o Dalip, Bijender S/o Hoshiar Singh, Rajender S/o Pale, Pardeep S/o Ramphal, Rishi S/o Satbir, Pardeep S/o Satbir, Rajender S/o Sadhu Ram and Jagdish @ Jagla S/o Lehna Ram whom she identified in the court and voluntarily adds that these boys were never shown to her by the police and admits that she did not tell the names of the accused to the police, it was her fault but has explained on a query by the court that she did not know their names but had been repeatedly telling the police that the assailants were the boys from the same village.

Witness has further deposed that when these persons had come they were in large numbers and voluntarily has stated that they were that they were around 300-400 and had surrounded their mohalla from all the four sides. According to this witness, her thumb impressions were taken along with the others as they were told that they will get Rs.25 thousand as compensation and also the medicines for the treatment (dawai bhatha) but has denied the suggestion that she had been told that unless she will put her thumb impression, she will not get compensation. The witness has admitted having received Rs.25 thousand as compensation from the Government.

Further in her cross-examination Santra has admitted that she had heard that the she-dog of Karan Singh had caught hold of the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 97 pants of Deepak and has stated that Karan Singh would know the further details. She has admitted that after the rumor regarding the killing/ abduction of the son of Pale spread in the village, there was stone pelting from both the sides and continued for number of hours and voluntarily added that it was for almost three hours. She has further admitted that Rajender son of Pale used to distribute milk in the village and has voluntarily added that he had refused to supply milk to the members of 'B' community on the very next date of the quarrel with Karan Singh but has denied that the boys belonging to the 'B' community had stopped Rajender S/o Pale and Karam Pal in the morning when they were going to their fields in their buggies and had beaten them on account of which the quarrel got aggravated and resulting into stone pelting from both the sides and voluntarily adds that the Chowkidar of the village had gone to the houses of Brahmins to take lassi when he was beaten by son of Pale in front of Pale's house who was injured on both the shoulders and thereafter they started beating Karan Singh, Veer Bhan and others on account of which the violence spread. She has denied that the accused Ramphal S/o Prithvi, Ved Pal S/o Daya Nand, Ramesh S/o Dalip, Bijender S/o Hoshiar Singh, Rajender S/o Pale, Pardeep S/o Ramphal, Rishi S/o Satbir, Pardeep S/o Satbir, Rajender S/o Sadhu Ram and Jagdish @ Jagla S/o Lehna Ram, were not present at the spot and had nothing to do with the incident and it is for this reason she had never named them previously. She has further denied that she had falsely implicated these persons at the instance of Ved Pal Tanwar in whose farm house she presently residing on account of his political hostility or that the allegations made by her against all these accused and the acts attributed to them are false and concocted and no such acts had been St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 98 committed. She has further denied that Jagdish S/o Lehna is not known as Fauji and his father is also known as Tara in the village. She has also denied that she had falsely implicated all these boys on the tutoring of Ved Pal and other persons now to strengthen the case of prosecution.

PW31 Abhishek S/o Sanjay Kumar is a child witness aged ten years and the Court after being satisfied with regard to his intellect and also with regard to his understanding in respect of the sanctity of oath, examined him on oath. He is a resident of the village Mirchpur and is an eye witness to the incident. According to the witness, at the time of the incident he was present in the village and was standing in the main gali along with his father. The witness has further deposed that he was in the middle while his father was standing on one side of the gali and the persons from 'J' community were standing on the opposite side and there was a stone pelting going on as a result of which he received injury above his temples. According to his witness, the persons from the 'J' community had set fire to many houses and even his house got burnt and after the incident he was removed to his grandfather's house by his father. He has turned hostile on the identity of the accused and is unable to give any details with regard to the name of the assailants despite the Ld. Special Public Prosecutor giving him a specific suggestion in this regard. He has denied that he had given the names of Pardeep S/o Suresh, Parveen S/o Jagdev Master, Pawan S/o Hoshiyar Singh and Pawan S/o Rajbir to the police. He has also denied that he had told the police that the persons from the 'J' community had come to the 'B' Basti duly armed with weapons and had used caste related remarks on them. However, on a court question the witness has admitted as correct that persons from 'J' community had come armed with lathies and other St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 99 weapons and entered the 'B' Basti after which they used caste related abuses and set their houses on fire.

The said witness has been cross-examined by the Ld. Defence Counsel and has even been given a suggestion that he has been tutored by his parents as what has to be deposed which he has denied. He has also denied the suggestion that the persons from the 'J' community did not set the houses on fire.

PW32 Mrs. Sheela aged 30 years is the wife of Subhash and is a resident of village Mirchpur. She is employed as a safai Karamchari in the government girl's school at village Mirchpur for the last three years.

According to this witness, on 19.4.2010 there was a quarrel on the issue of a she-dog belonging to Karan Singh which quarrel was between Karan Singh and Veer Bhan on one side and persons from the 'J' community on the other side in which Karan Singh and Veer Bhan were beaten. She has deposed that on 20th there was no dispute but on 21st again there was a hue and cry in the morning wherein first there was stone pelting by persons from the 'J' community and thereafter the children/boys belonging to the 'J' community came to their 'B' Mohalla and set fire to the houses of Tara Chand, Sube Singh, Sanjay and thereafter one by one to all the houses of the members of 'B' community which were situated on the outer side of the 'B' Mohalla. Witness has further deposed that they did not enter inside the 'B' Mohalla but set the houses of 'B' situated on the outer side of the mohalla and Tara Chand and Suman expired due to burns. She has further deposed that she had came back from the school and sustained brick injury on her knee. According to the witness, she is the daughter of this village and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 100 reside with her aged parents who were alone at home along with her children when this damage (tor-phor) was going on and she reached her house much later by trying to hide herself. She has also deposed that Tara Chand who had got burnt had come to her house for shelter as his house was situated in front of her house and further states that it was their neighbours, who had brought her parents out of their house before she could reach there. She has further deposed that she saw the son of Pale and he was the one who had set the house of Tara Chand on fire and Kulwinder who had broken the door of her house and come inside and broken her water tank.

According to her witness, her medical was conducted after a number of days of incident in village Mirchpur and has identified her thumb impressions on her MLR which is Ex.PW32/A at point A. She has also admitted having received a sum of Rs.10 thousand as compensation. Thereafter since the witness had told the court that she is unable to identify the other accused by naming them but could identify them after seeing them, all the accused were put to her one by one and despite the same she has only identified Rajender S/o Pale and Kulwinder S/o Ram Mehar earlier named by her.

In her cross-examination by the by Ld. Defence counsel the witness has stated that she had never gone to Tanwar Farm House and is continuing to reside at village Mirchpur from where she is reporting on her duty in the school. She has deposed that she normally leaves for her duty by 6-7 AM and returns by 2 PM but according to her she some times returns early. She has explained that she is on part time duty and attends the school daily between 8 AM to 2 PM and has denied that in case if she comes early during the day before the office hours the pay for St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 101 the day is accordingly deducted. She has explained that whenever she is required to leave early she only informs Rati Ram the Principal of the school who is from the 'J' community orally but not in writing.

The witness Sheela has also deposed that on 21.4.2010 around four thousand police men came to the village after the houses were set on fire. According to her, Senior officers of the rank of IG, SP, DSP had also come and made inquiries from her and till date the police deployment is present in the village. She has also deposed that some doctors had also come in the village on 21.04.2010 but states that she had left the village on 22.04.2010 and returned after 3-4 days as she had to report to her duties. She has also deposed that after 21.04.2010 police never came to her for any inquiry and has voluntarily added that though the police remained present at the village but they only made general inquires if any one was scared or not but not regarding the incident. According to this witness her statement was recorded by the police on 21.04.2010. She has denied that she told the police on 21.04.2010 that she had not witnessed anything because she was present at her school at the relevant time and has denied that it was this statement which was recorded by the police and has stated that she had told the police the names of son of Pale and Kulwinder on 21.04.2010 when they made inquires from her. The witness has denied that her statement was in fact recorded on 30.4.2010 which is Ex.PW32/DX1 and that in her statement made to the police she had not named the accused son of Pale and Kulwinder whom she has now identified in the court and had only stated that since she was perplexed she could not identify anybody. Witness has been confronted with her statement Ex.PW32/DX1 which she has denied and according to her, she had told the police all that she has now St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 102 deposed before this court. When she was confronted with Ex.PW32/DX1 it was found that whatever she has testified in the court in her examination in chief had not been found mentioned in her statement Ex.PW32/DX1.

She has admitted that Rajender S/o Pale is doing the job of sale of milk. She has admitted that on 20.4.2010 Rajender refused to supply milk to the members of 'B' Basti. She has also admitted that in the morning of 21.4.2010 the Chowkidar of the village Gulaba went to Rajender S/o Pale for fetching milk. She has further admitted that he did not give milk to Gulaba even on 21.4.2010 and has voluntarily added that rather Gulaba was beaten by him but has denied that the boys belonging to the 'B' community had stopped Rajender and Karampal who were going to their fields in their boogies and were beaten on which sudden quarrel took place and matter got aggravated and has voluntarily added that only a rumor had spread in the village that Rajender had either killed or abducted. She has admitted that thereafter there was stone pelting from both sides and has voluntarily added that the boys belonging to 'J' community gathered in large number and surrounded them and pelted stones and more stones were pelted from the sides of the 'J' community. She has denied that there was no such instigation by the boys belonging to 'J' community. Witness has further deposed that the entire incident of stone pelting lasted for about three hours. She has denied that no boy belonging to 'J' community had indulged into any kind of stone pelting, arson, looting, damage, etc. She has denied that since she was on duty and not present at the spot, it is for this reason that she had never named the accused previously in her statement given to the police. She has denied that she had now falsely implicated Rajender S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 103 Pale and Kulwinder S/o Ram Mehar at the instance and tutoring of other persons from her community only the strengthened their case. She has further denied that she is deposing falsely at the instance of prosecution and the investigating officer.

PW33 Mrs. Rani aged 25 years a resident of the village Mirchpur is the wife of Sanjay (PW44) and is a mother of four children i.e. three daughters and one son and at the time of her deposition was residing at the farm house of Ved Pal Tanwar. Though she has deposed about the incident dated 19.4.2010 but she is not an eye witness to the same and has deposed on the basis of hearsay. In so far as the incident dated 21.4.2010 is concerned at the time of said incident she was pregnant and had gone outside the village to attend the call of nature and while she was returning she witnessed the quarrel going on between the members of 'J' and 'B' community and stone pelting. According to this witness, being alarmed out of fear she started to run and fell down on the road as a result of which she hurt herself on the forehead. She has also admitted her MLR Ex.PW33/A but later in her cross-examination she is not consistent with her statement regarding the preparation of MLR and has stated that she is not sure whether it is prepared or not. She admits that she received a compensation for a sum of Rs.25,000/- from the Government. Though initially she stated that she had been medically examined on the day next to the incident but on being reminded by the Special Public Prosecutor she has admitted that a team of the doctors had visited the village on 30.4.2010 when she was medically examined. Further in her examination in chief during the quarrel which tool place on 21.4.2010 initially there was mar pitai and then persons from the 'J' community brought jellies, gandases, lathies and brought stones and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 104 brick in a rehri to the 'B' Mohalla, through the main gali and set about 20-25 houses belonging to the members of 'B' community on fire amongst which there were houses of Satey, Tara, Dupa and Mahender. Suman D/o Tara and Tara himself were burnt alive. She has also deposed that the persons from the 'J' community entered their houses and threw the house hold articles out of the houses and damaged them.

This witness has not named any of the assailant in her examination in chief but when the accused were specifically put to her, she identified accused Karambir S/o Tara Chand, Rajender S/o Dhoop Singh, Balwan S/o Inder and Rajender S/o Pale by pointing out towards them. She also identified the accused Karambir S/o Tara Chand and accused Balwan S/o Inder as the persons who were having lathi in his hands and has informed the court that they were carrying sticks/ lathis in their hands and were running after them. She has identified Rajender S/o Dhoop Singh as the person who was indulging into stone and brick pelting. She has identified accused Rajender S/o Pale as the person who was throwing bricks. She has stated that it is this accused Rajender S/o Pale from whom she was trying to save herself as he was running after her with bricks in which process she fell down.

In her cross examination by Ld. defence counsel she has stated that she along with 200-250 persons belonging to 'B' community were residing at Tanwar farm house including ten persons from her family. She has denied any tutoring at Tanwar farm house or at Lampur where she was staying before her deposition or that the MLR had been got prepared by her only to claim compensation from the Government. According to her, around 10-15 police men had come to the village on 21.4.2010 who had gone to the water tank along with the persons from St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 105 the 'J' community and did not meet her nor made any inquiries from her regarding the incident and had only asked her if she had got injured and had received medical treatment or not. She is inconsistent with regard to the recording of her statement and the date when it was recorded. Witness has further deposed that she is residing near the house of Karan Singh which is situated in the main gali and has explained that it is in the adjoining gali but has denied the suggestion that her house is situated in the Rathi wali gali.

Further, when the witness Rani was confronted with her statement made to the police under Section 161 Cr. P.C. dated 30.04.2010 which is Ex.PW33/DX1, she has admitted that she did not tell the details of the incident dated 19.04.2010. On being further confronted with the said statement she has admitted that she did not state to the police that on 21.04.2010 initially there was mar pitai and then the persons from the 'J' community brought jellies, gandases, lathies and brought stones and brick in a rehri to the 'B' Mohalla, through the main gali. She has also admitted that she did not tell the police that these persons from the 'J' community set about 20-25 houses belonging to the members of 'B' community on fire amongst which the houses of Satey, Tara, Dupa and Mahender and that Suman D/o Tara and Tara himself were burnt alive nor she told the police that the persons from the 'J' community entered their houses and had thrown out their household articles and damaged them. She has further admitted that she also did not tell the police that she was going to attend the call of nature, she was pregnant at that time and out of fear she started running away on which she fell down and she got hurt on her forehead and also on her knees.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 106 This witness has admitted that the accused Rajender S/o Pale is doing the work of distribution of milk in the village which he gets from the dairy but is not aware if on 20.04.2010 Rajender did not distribute milk in the 'B' Basti because he did not get the delivery of the same from the dairy. She has explained that she is not aware of it because she gets her supply of milk from elsewhere. She has denied that on 21.04.2010 early morning when Rajender and Karam Pal were going to their fields in the buggi and were passing through the main gali boys belonging to the 'B' community stopped them and beat them up as a result of which the dispute got aggravated and there was stone pelting from both the sides that is boys belonging to the 'B' community and the 'J' community and has voluntarily added that boys belonging to 'B' community did not throw any stone and were in fact trying to save themselves. According to the witness, the stone pelting started in the morning at about 8 AM and continued till about 3 PM. According to the witness, at the time of the incident there was a crowd of 1000-2000 persons and has stated that the persons from the 'J' community were much more than the persons from the 'B' community and has denied that the crowd comprised the persons from all the communities and included women, children and old persons.

This witness has admitted that they are using cow dung- cakes (uplas) and dry sticks (thansras) which are highly inflammable as fuel and has stated that these uplas and thansras are stored in virtually almost all houses in the village as they are used as common fuel but she has denied that the fire caused to the various houses belonging to the members of 'B' community was accidental because of the highly inflammable material stored in the houses and the hukkas which keeps St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 107 burning through out the day and has voluntarily added that the fire had been set to the houses belonging to the members of 'B' community. Witness has denied that many houses in the village are kacha houses having kacha roofs made of bamboo sticks and dried grass and has explained that only the cattle sheds have kacha roofs but the members of the 'B' community in the village do not possess any cattle and are only rearing pigs and goats. She has admitted that the accused Karambir S/o Tara Chand, Rajender S/o Dhoop Singh, Balwan S/o Inder and Rajender S/o Pale were not arrested in her presence and that police never called her for purposes of identification of the accused either in the police station, or in village or in jail. She has denied that she had seen the accused Karambir S/o Tara Chand, Rajender S/o Dhoop Singh, Balwan S/o Inder and Rajender S/o Pale for the first time in the court and has voluntarily added that she had seen them at the time of incident.

PW34 Raj Kumar aged 50 years S/o Kapoora is a resident of village Mirchpur and is a daily wager/ labour having three sons and one daughter of whom two sons are married. I may observe that though this witness has deposed with regard to the incident dated 19.4.2010 but it is evident from his testimony that he was not present at the spot on that day and was in fact present at his house and his testimony to the extent of incident dated 19.4.2010 is on the basis of hearsay due to which reason no reliance can be placed on his testimony to that extent.

Further, this witness has admitted that there was an incident of arson in the village on 21.4.2010 but has turned hostile with regard to the identity of the accused and his statement made to the police under Section 161 Cr.P.C. which is Ex.PW34/PX1 wherein he had named the accused Baljeet S/o Inder Singh who came with jellie in his hand, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 108 Rajender S/o Pale who came with lathi in his hand, Raj Kumar with a lathi in his hand along with Dinesh S/o Prem Singh, Naresh S/o Prem Singh, Viren S/o Yashpal along with 250-300 belonging to the 'J' community attacked the 'B' Basti and that Baljeet Singh had hit him with a jellie on his right arm which jellie hit him on his right finger and Rajender hit him with a lathi on both his legs.

According to the deposition of this witness he was at his house on 21.4.2010 and having his tea around 8-9 AM when there was a hue and cry and quarrel and on which he went out to the main gali where he saw that a large number of men from the 'J' community armed with lathies, jellies, stones/bricks were indulging into stone pelting and were beating people belonging to the 'B' community. He has deposed that he was also hit by two to three bricks as a result of which he also got hurt on his arms and hands and he was brought back to his house and put on the cot (charpai). The witness has deposed that he could not see the faces of these boys as they were muffled and he is not aware as to what happened thereafter except that he was taken to the government hospital Hissar in police vehicle where he was given medical treatment on the same date (21.04.2010) and his MLR which is Ex.PW34/A was prepared. He has admitted having received Rs.25 thousand as compensation from the Government for his injuries.

According to PW34 Raj Kumar the police had made inquiries from him after two to three days of the incident and he had told them the details but he did not give the names of any person to the police during the interrogation but he had told them that persons from the 'J' community had set their houses on fire. He has further deposed that he had told the police that in this arson when the houses of 'B' community St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 109 were set on fire, Tara Chand and his daughter Suman had also burnt as a result of which they had expired.

He has admitted having made a statement to the police on 23.04.2010 which is Ex.PW34/PX1 but has denied having told the police that he is not in a position to name these assailants including women but he can identify them. He has denied the suggestion that he has been won over by the accused due to which reason he has deliberately not identified them.

In his cross examination by the Ld. Defence counsels the witness has denied the suggestion that since the persons/ assailants were in muffled faces due to which reason he is unable to tell to which community they belonged and has explained that they were all from the 'J' community. He has also denied the suggestion that he has been tutored and told the name the persons from the 'J' community as the assailants.

PW35 Ashok son of Maha Singh aged about 24-25 years is a resident of village Mirchpur doing a private job at Jind. At the time of his deposition before the court, he was employed in Hissar court parking and residing in a rented accommodation at Hissar itself. I may observe that though this witness has deposed with regard to the incident dated 19.4.2010 but it is evident from his testimony that he was not present at the spot on that day and was in fact present at Jind where he was employed and therefore his testimony in respect of the incident dated 19.4.2010 which is based upon hearsay cannot be relied upon to that extent.

In so far as the incident dated 21.4.2010 is concerned, this witness has supported the case of the prosecution but has turned hostile St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 110 on the aspect of the identity of the accused and also on the role of the SHO Vinod Kumar. Though this witness has admitted having made a statement dated 18.05.2010 to the police under Section 161 Cr.P.C. which is Ex.PW35/PX1 but he has denied having named the accused Rajender S/o Pale, Rishi S/o Satbir, Monu S/o Suresh, Balwan S/o Jella, Balar @ Langra S/o Inder Singh, Charan S/o Sadhu Ram, Dalbir S/o Tara Chand and has deposed that out of the said boys he did not knew any one except Rajender S/o Pale but he had not seen Rajender at the time of incident.

According to him, on 21.04.2010 at about 10-10:30 AM about 300-400 persons belonging to the 'J' community came towards the 'B' Basti and he heard the voices coming from them that "Jala do, aag lago do dheda ne" (burn the members of 'B' community) and thereafter they started pelting stones. He has also deposed that at that time he was with his father at his house along with his children which house is situated in the middle of the 'B' Mohalla on the corner of the main gali. The witness has also deposed that about 40-50 stones were thrown towards his house and he was hit on his legs and back. According to him, first there was stone pelting after which the assailants started setting the houses of the members of the 'B' community situated on the outer side of the main gali on fire on which the persons belonging to the 'B' community got scared and started running towards their houses to save their children. The witness has further deposed that he could not see any of the assailants as they were in muffled faces. According to him, he was given medical treatment after about 10-15 days at Hissar vide MLR dated 02.05.2010 which is Ex.PW35/A. He has admitted having received a compensation to the tune of Rs.25 thousand from the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 111 Government for the injuries received by him.

According to him, police made inquiries from him firstly on 18.05.2010 and secondly he was also interrogated by police on 27.05.2010 and his statements were recorded. He has admitted his statement dated 27.07.2010 which is Ex.PW35/PX2 is in the handwriting of some police officer. He has deposed in the court that he is not known to Vinod Kumar Kajal, SHO but since everybody was giving their statements, he had also mentioned his (Vinod Kumar) name by copying out the statement which was being also written by some body else.

The witness has denied that on 18.05.2010 in his statement made to the police which is Ex.PW35/PX1 he has specifically named Rajender S/o Pale, Rishi S/o Satbir, Monu S/o Suresh, Balwan S/o Jella, Balar @ Langra S/o Inder Singh, Charan S/o Sadhu Ram, Dalbir S/o Tara Chand and now he is deliberately not naming them being won over by them. He has also denied that on account of the fact that his family is still residing in the village out of fear and feeling apprehensive he is deliberately trying to save the accused who belong to the dominant class of the village.

PW36 Sanjay S/o Raja Ram aged 30 years is a resident of village Mirchpur having a family comprising of three sons, one daughter and his parents. He is the husband of Rani who has been examined as PW33 and at the time of deposition was residing at Tanwar Farm House along with his family for three to four months. Though he claims that he is a Mason by profession yet in his cross-examination he has admitted that he had criminal cases registered against him at district Jind in connection with pick pocketing and has also faced criminal St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 112 prosecution for sale of illicit liquor. There are also allegations against him and he is in a habit of making purchases from the villagers and not making the payments thereafter and hence his testimony is required to be analyzed in this background and weighed with caution.

Though PW36 Sanjay has made a casual reference to the incident dated 19.4.2010 but in his cross-examination has admitted that it is on the basis of hearsay since he was not present in the village at the time of the incident and therefore, his testimony to that extent is inadmissible. In respect of the incident dated 21.4.2010 he has deposed that there was a dispute in the village at about 9-10 AM when there was stone pelting. According to him, the boys belonging to the 'J' community initially gathered at their Chaupal that is the 'J' Chaupal where they were scheming and thereafter they surrounded the 'B' Basti and started stone pelting and arson where they burn houses belonging to the members of the 'B' community in the Basti. He has further deposed that first they burnt the house of Tara where his daughter Suman was burnt to death and Tara himself was burnt. According to him, then he saw that they had burnt the houses of Satta, Sube Singh, Pala Ram, Chander, Dhoop Singh, Rajmal and states that the Police was present there when the houses were being burnt. He has stated that they requested the police officers to restrain these boys and stop them but all the policemen ran away towards the water tank. He has stated that he got injured in the stone pelting when he received a brick injury on his shoulder on the back side and on the collar bone and his wife who was pregnant and was coming back after attending the call of nature when she started to run on seeing the incident and fell down and received injuries. He has deposed that he immediately took his children and went to the roof of Veer Bhan to save St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 113 themselves and from there he witnessed that these boys started indulging into damaging the property and household articles (tor phor). According to him, had the senior persons from the village intervened, the damage would not have been to that extent. He has further deposed that on the day next to the incident the medical team had come to the village and his medical examination was conducted vide MLR Ex.PW36/A after which he along with his family went to Jind to his father's house and returned only after about 10-15 days. He has also deposed that on the same day the police made inquiries from him and he told them what had happened and admits that he had also received a compensation from the Government and initially Rs. 50 thousand which was collectively for him, his wife and other family members and states that he further received a sum of Rs 25. thousand thereafter.

This witness in his testimony has identified some of the assailants by name that is Rajender S/o Pale, Ramphal S/o Prithvi, Lillu grand son of Partap, father's name he is not sure, Daya whose father's name he does not know as the persons who were indulging into stone pelting and burning of houses of the members of 'B' community. He has also deposed that he could identify the other persons if put to him. I may observe that there was an objection on the part of the defence regarding specifically putting the accused to the witness as he had not told the police in his statement under Section 161 Cr.P.C. that he could identify the assailants by faces if shown to him, which objection was overruled by the Court and the accused were put to the witness after which he has duly identified Rajender S/o Pale both by name and by pointing out as the person who had set the houses on the fire; Rishi S/o Satbir both by name and by pointing out as the person who had set the houses on fire;

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 114 Jogal @ Dogar S/o Hawa Singh both by name and by pointing out as the person who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; Anil @ Neel S/o Prem both by name and by pointing out as the person who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; Pardeep S/o Jaibir by pointing out towards him as the person who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; Dharmveer S/o Tara whom he has stated is commonly known as Fauji in the village both by name and by pointing out, as the person who was indulging into burning of houses; Balwan S/o Jai Lal by pointing out towards him as the person who was having jellie, gandases and lathi and was indulging into beating persons from the 'B' community under the influence of alcohol; Sunil S/o Jaibir Singh by pointing out towards him as the person who was indulging into stone pelting; Rajbir S/o Mahi Chand whom he has identified as the person commonly known as Nanha in the village by pointing out towards him, as the person who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; Roopesh S/o Tek Ram both by name and by pointing out as the person who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; Daya S/o Ajeet both by name and by pointing out as the person who was indulging into burning of houses of the members of 'B' community; Sanjay S/o Daya Nand both by name and by pointing out as the person who had entered the house of Dhoop Singh and broken his arm and thereafter burnt his house; Sattey S/o Karan Singh both by name and by pointing out as the person who was indulging into stone pelting and damaging house hold articles St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 115 and properties by entering the houses; Jasbir S/o Raja Ram as the person who is commonly known as Leelu in the village both by name (Leelu) and by pointing out as the person who was having a lathi in his hand and was first indulging into stone pelting and then was roaming around in the galies with lathi in his hand while they had climbed on their roofs; Pardeep S/o Satbir by naming him as the son of Satbir and pointing out towards him as the person who was indulging into stone pelting and was having a lathi in his hand; Baljeet S/o Inder both by name and by pointing out as the person who was having jellies in his hand and was running towards him and other persons from the 'B' community when he ran to his roof out of fear; Satyawan S/o Rajender by pointing out towards him as the person who was indulging into stone pelting; Bobal S/o Tek Ram both by name and by pointing out towards him as the person who was intoxicated after consuming alcohol and was roaming around along with other boys of the 'J' community who were indulging into stone pelting, arson and burning of houses etc.; Dharmavir S/o Mai Chand whom he has stated is also known as Illa in the village by pointing out towards him as the person who was indulging into stone pelting and damaging household articles and properties by entering the houses; Rajender S/o Belu Ram father of the previous accused Satyawan whom he had identified as above both by name and by pointing out as the person who was indulging into stone pelting; Kulwinder S/o Shri Ram Mehar by pointing out towards him as the person who was indulging into stone pelting and Karampal S/o Satbir by pointing out towards him as the person who was indulging into stone pelting.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 116 In his cross examination by the Ld. Defence counsels the witness has denied the suggestion that Rajender S/o Pale had a general merChandise (parchun) shop at village Mirchpur till the year 2009 from where he used to make regular purchases of all his household merChandise and grocery items from the shop of Rajender S/o Pale on credit and was having a credit of Rs.7 hundred on him in respect of the purchases made by him from the shop of Rajender in the year 2009 and that he had been assuring him of making the payment. The witness has been specifically cross-examined with regard to an incident of the year 2009 when Rajender asked him for his money, he under the influence of alcohol abused him on which Rajender told him not to abuse and that he could make the payment whenever he had the money but he continued on which Rajender gave him a beating which incident was witnessed by a large number of villagers. According to the witness, Rajender S/o Pale had no parchun shop and hence the question of making any purchase from his shop on credit does not arise. He has denied the suggestion that the accused Rajender S/o Pale, Rishi S/o Satbir, Jogal @ Dongar S/o Hawa Singh, Anil @ Neel S/o Prem Singh, Pradeep S/o Jaibir, Dharmabir S/o Tara, Balwan S/o Jai Lal, Sunil S/o Jaibir, Rajbir S/o Mahi Chand, Roopesh S/o Tek Ram, Daya S/o Ajit, Sanjay Handa S/o Daya Nand, Sattye S/o Karan Singh, Jasbir S/o Raja Ram, Pradeep S/o Satbir, Baljeet S/o Inder, Satyawan S/o Rajender, Bobal S/o Tek Ram, Dharambir S/o Mahi Chand, Rajender S/o Belu, Kulwinder S/o Rem Mehar and Karampal S/o Satbir whom he had named and identified in the court has been done at the instance of Ved Pal Tanwar on account of political hostility.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 117 He has admitted that he was interrogated by the police on the same day when his medical was conducted on 30.4.2010 but he is not aware if the police recorded his statement in writing or not. He has denied the suggestion that he had told the police that since his wife was pregnant he was taking care of her as she had fallen down while running and that he could not identify any of the assailants and thereafter he told the police that he had heard his statement which was correct. When confronted with his statement Ex.PW36/DX1 where it was found so recorded which he denied.

Though the witness has stated that he had told the police all the facts which he has now deposed in his examination in chief yet when confronted with his statement Ex.PW36/DX1 the facts regarding the boys belonging to 'J' community gathered at the 'J' Chaupal where they were scheming and thereafter surrounded the 'B' Basti and started stone pelting and arson where they burn houses belonging to the 'B' community in the basti; the fact that first these boys burnt the house of Tara where his daughter Suman was burnt to death and Tara himself was burnt and that he also saw them burning the houses of Sata, Sube Singh, Pala Ram, Chander, Dhoop Singh, Rajmal; the fact that the police officer that at that time police was present in the village when the houses were being burnt but when they requested these police officers to restrain these boys and stop them they all ran way towards the water tank; that he had got injured in the stone pelting and had received a brick injury on his shoulder on the back side and on the collar bone; the fact that he took his children and went to the roof of Veer Bhan to save themselves and he saw that these boys started indulging into damaging the property and house hold articles (tor phor) and the fact that on the day next to the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 118 incident he along with his family went to Jind to his father's house, were not found so recorded.

He has further denied the suggestion that on 21.4.2010 the accused Rajender and Karampal were passing through the main gali on their boogie for going to their fields when they were stopped by boys belonging to the 'B' community as they were aggrieved for non supply of milk on 20.4.2010 and these boys beat up Rajender and Karampal as a result of which the dispute got aggravated and there was stone pelting from both the sides and voluntarily added that these boys had come in a large numbers whereas the numbers of persons of 'B' community was very less. He has further deposed that the stone pelting continued for about two to three hours but has denied the suggestion that the stone pelting was from both the sides. According to him, after the incident senior police officers of the rank of DSP, SP and IG had come to the village and explained that the police was already present in the village previously as well. It has been observed by this court that this witness is inconsistent with regard to the date of his medical examination since on the one hand he has deposed that his medical examination was conducted on 30.4.2010 but in his cross-examination he has stated that his medical examination was conducted on 21.4.2010 when his wife and children were also medically examined.

The witness has further deposed that the doctor who had examined him had asked him, his name, fathers name and other details He has deposed that he had told the police officers already present in the village what had happened but he is not aware if they had written down what had told them on 21.4.2010 and has denied the suggestion that he had told the police on 21.4.2010 that he was not aware of what had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 119 happened. According to him, on 21.4.2010 the police did not apprehend or arrest any of the accused in the village who have been so named and identified by him in the court and states that he was never called by the police to identify any of the accused either in the village or in the police station or in the jail. The witness has denied the suggestion that he was shown the accused persons and asked to identify them in the court and that he has identified them on the asking of investigating agency. He is unaware if there are any snatching cases against his father Raja Ram and chacha/ uncle Sattey.

The witness has denied that the crowd in the village Mirchpur in the incident dated 21.4.2010 was of about 1000 persons which included women, old persons and children and has voluntarily stated that there were hardly 500-600 persons all of whom were young persons from the 'J' community who did not think before acting or doing something. The witness has admitted that the police never took him to the place where the quarrel had taken place nor prepared any site plan of the place of incident on his pointing out nor any person from the other communities had come to the police station to identify the accused in his presence. The witness has denied the suggestion that all the houses belonging to the members of 'B' community are adjacent to each other at village Mirchpur and has explained that some of the houses are far from each other. He has also denied the suggestion that persons belonging to the 'B' community were having kaccha houses which were not in habitable conditions due to which reason the member of 'B' community themselves set their houses on fire only to claim compensation from the Government. The witness has further denied the suggestion that he has been tutored by Ved Pal Tanwar into naming the accused persons or that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 120 on 21.4.2010 he was not in the village but was in district Jind. He has also denied the suggestion that he procured a false MLR only to secure a compensation from the government or that on account of jealousy he has falsely implicated the accused Rajender S/o Pale, Rishi S/o Satbir, Jogal @ Dongar S/o Hawa Singh, Anil @ Neel S/o Prem Singh, Pradeep S/o Jaibir, Dharmabir S/o Tara, Balwan S/o Jai Lal, Sunil S/o Jaibir, Rajbir S/o Mahi Chand, Roopesh S/o Tek Ram, Daya S/o Ajit, Sanjay Handa S/o Daya Nand, Sattye S/o Karan Singh, Jasbir S/o Raja Ram, Pradeep S/o Satbir, Baljeet S/o Inder, Satyawan S/o Rajender, Bobal S/o Tek Ram, Dharambir S/o Mahi Chand, Rajender S/o Belu, Kulwinder S/o Rem Mehar and Karampal S/o Satbir.

PW37 Meena Kumar aged 32 years son of Satpal is a resident of village Mirchpur and is a daily wager working in the fields of the persons from the 'J' community. He has a family comprising of his parents, wife and five children who at the time of his deposition in the court were residing at Ved Pal Tanwar Farm House Hissar for the last two an a half months on account of the alleged threats given to them in the village by the persons belonging to the 'J' community. This witness has supported the case of the prosecution.

According to the witness on 19.04.2010 some boys from the 'J' community were passing in front of the house of Karan Singh being under the influence of alcohol on which the she-dog of Karan Singh started barking at them. These boys threw a dalla/ brick on her which entered the house of Karan Singh to which the son of Karan Singh objected. The witness has deposed that a dispute arose between the son of Pale whose name he is not aware and Karan Singh and there was a St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 121 quarrel on this issue. After some time Karan Singh and Veer Bhan were called in front of the house of Pale by these persons belonging to the 'J' community where Karan Singh and Veer Bhan were beaten and had to be hospitalized at Hansi. He has deposed that on 20.04.2010 they came to know in the village that these boys belonging to the 'J' community would again come and create a problem due to which reason they called Karan Singh and Veer Bhan back to the village. According to him, on 21.04.2010 at about 9-10AM while he was standing at the main gali he saw about 400-500 persons belonging to the 'J' community duly armed with jellies, gandases, a rehri/ boogie containing bricks and stones and with cans of oil coming from the side of the 'J' Chaupal towards 'B' Mohalla who thereafter surrounded the 'B' Mohalla from all the four sides and started setting the houses belonging to the members of 'B' community on fire. He has deposed that they firstly put fire to the house of Satyawan Fauji and thereafter to the houses of Mahender, Tara Chand, Gulab Singh and both his sons Dhoopa, Chander, Pale Ram, Rajender, Manohar and others. He has also deposed that when the house of Tara Chand was set on fire his daughter Suman who was inside the house lost her life along with Tara Chand who was also burnt. The witness has further deposed stated that there was stone pelting from all the sides towards the houses belonging to the members of 'B' community and some of these boys started dancing naked. According to him, while he was standing in the main gali he was hit with a brick on his back towards the right shoulder on which he entered his house situated in the main gali and his medical examination was conducted after about a week vide MLR Ex.PW37/A bearing his thumb impression at point A. He has admitted having received a compensation for a sum of Rs.25 thousand St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 122 from the government for the injuries which he had received. He has also deposed that from the crowd he could recognize Illa S/o Mahi Chand who was having a lathi in his hand and was attacking persons from the 'B' community and indulging into stone pelting; Nanha S/o Mahi Chand who was indulging into stone pelting and was having a lathi in his hand with which he was attacking persons from their community; son of Pale whose name he is not aware but he can identify who was first indulging into burning houses belonging to the members of 'B' community and thereafter indulging into stone pelting; Satta whose father's name he is not aware but whom he can identify who initially was burning houses belonging to members of 'B' community and thereafter indulging into stone pelting and many others whom he can identify by faces but not by name. Thereafter, when all the accused were specifically put to this witness, he could only identify Rajender, S/o Pale, Dharamvir @ Illa S/o Mahi Chand, Satey S/o Karan Singh and Rajbir @ Nanhe S/o Mahi Chand but he is unable to identify any other accused in the court.

In his cross examination by Ld. Defence counsel witness has deposed that before the incident there were about 10-15 police persons in the village as there was an apprehension of breach of peace but after the incident large number of police personnel's numbering about about 50- 60 had come to the village. According to him he stayed in the village even after the incident for about one week. He has deposed that the doctors had also come to the village in two vehicles and a group of 10-12 medical personnel's had come to the village and treating the injured. He has denied that the doctors had told him that he had not received any injuries and has stated that he is not aware if his MLR was prepared on St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 123 21.04.2010 but states that his name was entered in some paper where he had put his thumb impression.

There was an objection by the counsel for the accused with regard to the date of the medical examination of the witness and it was observed by the Court that there was no MLR of the witness dated 21.4.2010. In his further examination the witness has admitted that his medical examination was not conducted on 21.04.2010 and has deposed that it was after a week and has explained that though the doctors had come to the village on 21.04.2010 but he did not submit for his medical examination and has denied the suggestion that it was only to seek compensation from the government that he got his medical done on 30.04.2010 though he had not received any injuries.

According to this witness Meena Kumar he had personally witnessed the incident on 19.4.2010 and also admits that the police had recorded his statement but is unaware of its contents. He has stated that his statement was recorded on the same day on which his medical was got done (that is on 30.04.2010). He has denied the suggestion that he had not told the police anything regarding the incident dated 19.04.2010 or 20.04.2010 but when confronted with his statement Ex.PW37/DX1 the facts regarding the incident dated 19.4.2010 and 20.4.2010 as now deposed by the witness in his examination in chief were not found so recorded. Further, this witness has also been confronted with his statement Ex.PW37/DX1 on the aspect of the incident dated 21.4.2010 and it has been observed that the witness has told the police about this incident and facts so mentioned before the court in his deposition but in a different manner. Witness has further denied the suggestion that he had named Rajender, S/o Pale, Dharamvir @ Illa S/o Mahi Chand, Satey St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 124 S/o Karan Singh and Rajbir @ Nanhe S/o Mahi Chand. because he has been instructed to say so by Ved Pal Tanwar and other persons belonging to his community or that he had deliberately and falsely implicated Rajender, S/o Pale, Dharamvir @ Illa S/o Mahi Chand, Satey S/o Karan Singh and Rajbir @ Nanhe S/o Mahi Chand on the tutoring of interested persons only to strengthened the case of prosecution. He has further deposed that he did not make any complaint to the police regarding the threats received in the village from the persons belonging to the 'J' community on account of which he had left the village and gone to the farm house of Ved Pal Tanwar but admits that till after one week of the incident senior police officers of the rank of IG and SP were present in the village. He has denied the suggestion that he had not left the village on account of threat but on the asking and instructions of Ved Pal who entertains political ambitions or that he did not inform any police officer about the threat because there was no such threat. The witness has further denied that on 19.4.2010 it was Deepak, Satish and Pardeep all residents of Mirchpur along with one Tinku resident of Petwar were passing in front of the house of Karan Singh when his pet dog had caught hold of the pant of Deepak and he in order to free the same gave a chappal blow to the she-dog and Rajender was not present and has voluntarily added that Rajender S/o Pale was also present but they had hit the dog with the dalla/ brick in order to free the pant of Deepak when the dalla/ brick entered the house of Karan and there was a quarrel.

The witness has admitted that Rajender S/o Pale was doing the work of supply of milk in the village and had not supplied the milk to the members of 'B' community on 20.04.2010 though he has denied that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 125 this was because there was no supply from the Lakshay dairy. Witness has explained that Rajender had said that he would supply the milk on 21.04.2010 and states that Rajender used to have the milk supply at all times. He has denied the suggestion that on 21.04.2010 some boys belonging to the 'B' community had stopped Rajender S/o Pale and Karam Pal S/o Satbir who were going to the fields on their boogie through the main gali and they (Rajender and Karam Pal) were beaten as a result of which the quarrel got aggravated and there was stone pelting from both the sides. The witness has voluntarily added that the assailants had come in large numbers and started throwing stones and some stones were also thrown by the members of the 'B' community but it was in self defence and states that this entire incident lasted for about two to two and a half hours. He has denied that the accused Rajender, S/o Pale, Dharamvir @ Illa S/o Mahi Chand, Satey S/o Karan Singh and Rajbir @ Nanhe S/o Mahi Chand did not indulge into any arson/ burning of houses, stone pelting or that the incident of arson had been caused by some other mischievous persons from 'B' community or that accused persons were not even present at the spot or that he has deliberately improved upon his statement make to the police on tutoring. He has admitted that about 130 families were staying in the Tanwar Farm House and has denied the suggestion that he has been tutored by the persons/ witnesses who have already been examined and are still housed at Lampur.

PW38 Mahajan S/o Satpal aged 30 a resident of village Mirchpur having a family comprising of his parents, three other brothers out of which two are married and one is unmarried, wife and two children. He is totally illiterate and on the date of the incident was a St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 126 daily wages labour doing the work of mason with the jamindars belonging to the 'J' community and the time of his deposition he along with his family had been residing at Ved Pal Tanwar Farm House for about more than two months. This witness has supported the case of the prosecution with regard to the incidents dated 19.4.2010, 20.4.2010 and also 21.4.2010.

According to this witness on 19.4.2010 at about 9-9:30 PM some boys belonging to the 'J' community one of whom was Rajender S/o Pale were passing in front of the house of Karan Singh in an intoxicated state. The she-dog of Karan Singh was lying on the road and one of the boys hit the dog with a dalla/ brick when a portion of the dalla/ brick hit the dog and other portion entered the house of Karan Singh who protested pursuant to which there was a quarrel and these boys belonging to 'J' community stated to Karan Singh abhi to kutiya ne mara hai dalla, tumko bhi marenge (right now the dog has been hit, but we will hit you as well). Thereafter these boys went back and after some time one of the boy belonging to the 'J' community whom he witness has later identified as the accused Ajeet Singh S/o Sukhbir Singh came and called Veer Bhan and Karan Singh and took them to the house of Pale (a member of 'J' community) on the pretext of a settlement/ compromise where Veer Bhan and Karan Singh were beaten. He has further deposed that Veer Bhan received injuries on his head whereas Karan Singh was hit with a lathi and when they came back to their houses they were in the injured condition and went to the hospital but he was not sure whether they went to Hissar or Hansi.

The witness has further deposed that on the next day that is 20.4.2010 there was a talk in the village that the boys belonging to the 'J' St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 127 community that they were going around the village threatening that they would burn the houses of the chooras (members of 'B' community) and would throw them out of the village by saying "choora ne kada ge, choora ne ghara ne aag lageye gai" (they will remove the members of the 'B' community, they will burn the houses belonging to the members of 'B' community) and on hearing this Veer Bhan who was in the hospital came back to the village. Thereafter on 21.4.2010 at about 9-9:30 AM Rajender S/o Pale passed through the main gali in his boogie while coming back from his fields and threatened some of the boys of the 'B' community sitting in the gali stating that "abhi dekhege tare ko, ektha ho kar angeye, aag lanageye" (now we will see you, we will collect and put fire). He has also deposed that after about half an hour about 500- 600 persons from the 'J' community having stones, bricks, lathies, containers of oil in their hands came to the 'B' Mohalla in the main gali and started pelting stones on the members of 'B' community of the village and burning the houses of the persons belonging to the 'B' community. According to him, first the assailants burnt the house of Mahender, then they burnt the houses of Sanjay, Tara Chand, Gulabo, Dhoopa, Chander, Ram Phal, Ram Niwas, Pala, Satta all belonging to the 'B' community. He has further deposed that they also gave beatings (mar pitai) to many persons from 'B' community, committed robbery (loot pat) and caused damage (tor phor). The witness has testified that in this incident Tara and his daughter Suman lost their lives and were burnt. He has further deposed that he also sustained injuries on his forehead as he was hit with a brick when he was standing in the main gali while he was trying to save himself and on receiving the said injuries he immediately rushed to his house where he remained till such time the police brought St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 128 him out and took him to the hospital at Narnaund for treatment and thereafter to the Hissar hospital and his MLR Ex.PW38/A bears his thumb impression at point A. He has further deposed that the police had come after two hours and that he had received a compensation to the tune of Rs 25 thousand on one occasion and Rs 10 thousand after a few days for his injuries. According to this witness Mahajan he had seen many of the boys who had committed this assault, arson, looting and stone pelting and states that they were all belonging to 'J' community and were residents of their village. He has stated that he could identify Rajender, S/o Pale, Ram Phal S/o Unknown, Bobal S/o Unknown, Illa S/o unknown, Lillu S/o Raja, Jugal S/o unknown and Baljeet S/o Inder and many others whom he could identify after seeing them. He has also deposed that some of these boys had come to his house and damaged (tor phor) his property whose names he cannot tell but could identify them. According to the witness, police had come to him and made inquires after 2-3 days of the incident and he had told them that he could identify the boys involved in the incident and also told them of their names but is not aware whether the police had recorded their names or not.

Ld. Special Prosecutor for the victims has with the permission of the Court put leading questions to this witness wherein he deposed that he could not tell whether the police had made inquiries from him on 23.04.2010 and had also recorded his statement or not and has explained that he was suffering from head injuries and was hospitalized on the day when the police made inquires from him. He has denied the suggestion that he had told the police that Rishi S/o Satbir, Pardeep S/o Balwan, Kuldeep S/o Ram Mehar, Monu and Vikas, both St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 129 S/o Dr. Suresh, Rajpal S/o Sue Chand, Sumit S/o Satyawan, Ramesh S/o Karan Singh, Soni S/o Jaiveer, Dalbir S/o Daleep, Roshan S/o Ram Swaroop, Sonu S/o Pappu, Vipin S/o Partap, Jasbir S/o Ishwar, Ajeet S/o Dalip, Mahesha S/o Dalip, wife of Pale, wife of Dilbagh driver, Rajender S/o Sindhu, Jogender S/o Bhim Singh, Joginder @ Joggar S/o Inder Singh, Ghagar S/o Tara Chand, Dharamvir S/o Tara Chand, Suresh S/o Balbir, Moti W/o Ghagar, Sunil S/o Daya Nand, Karampal S/o Satbir, Mandeep S/o Prema, Hathi S/o Balu Ram, Kuldeep S/o Balbir, Rajender S/o Bellu Ram, Daya S/o Jeet, Ajeet Singh S/o Sukhbir and has voluntarily added that he had only given the names of Rupesh S/o Tek Ram, Pawan S/o Ram Mehar, Nanha S/o Mahi Chand, Bobal @ Langra S/o Tek Ram, Jaiveer S/o Balbir and has further explained that earlier he had forgotten the names of these boys which he has now recollected and states that he could also recognize many of the assailants by faces whose names he cannot tell. When this witness was confronted with his statement Ex.PW38/PX1 he denied that he had given the name of Dalbir S/o Dalip, Roshan S/o Ram Swaroop, Ajeet S/o Dalip Singh, Joginder Singh S/o Bhim Singh, Nanha S/o Mahi Chand as persons who had come to his house and indulged into causing damaged to the property and looting though the names of the said accused find a mention in his statement Ex.PW38/PX1 at portions X2 to X3. After all the accused were put to the witness he correctly identified accused Dharambir @ Illa, S/o Mahi Chand by pointing out towards him and also by name as the person who was indulging into stone pelting and tor phor/damage to property; accused Jugal @ Doggar S/o Hawa Singh by pointing out towards him as the person who was indulging into tor phor/damage the property; accused Baljeet S/o Inder by pointing out St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 130 towards him and also by name as the person who was indulging into arson and burning houses belonging to the members of 'B' community; accused Sattu @ Satish S/o Randhir Singh by pointing out towards him as the person who had entered into his house and also indulged into loot pat/ looting the property; accused Kulvinder S/o Ram Mehar by pointing out towards him and by name as the person who was indulging into arson and burning the houses belonging to the members of 'B' community; accused Monu S/o Suresh by pointing out towards him as the person who was indulging into stone pelting; accused Rupesh S/o Tek Ram by pointing out towards him and by also by name as the person who was indulging into burning houses belonging to the members of 'B' community along with the accused Kulvinder; and also the accused Ajeet S/o Sukhbir Singh by pointing out towards him as the person who had called Veer Bhan and taken him to the house of Pale on 19.04.2010 but has explained that he did not see Ajeet S/o Sukhbir Singh in the crowd which had indulged into stone pelting, arson rioting etc on 21.04.2010. He has also identified accused Jasbir @ Lillu S/o Raja Ram both by name and by pointing out towards him as the person who was indulging into beating persons from the 'B' community with a lathi; accused Rajender S/o Pale both by name and by pointing out towards him as the person who was indulging into burning the houses belonging to the members of 'B' community and has explained that it was Rajender S/o Pale who was involved in the incident dated 19.04.2010. The witness has further identified the accused Deepak S/o Krishan Kumar by pointing out towards him as the person who was indulging into burning of houses belonging to the members of 'B' community.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 131 In his cross examination by the Ld. Defence counsels the witness has deposed that after his medical treatment he returned to the village and has voluntarily added that he came back from the hospital and was discharged after 16 days. He has denied the suggestion that he did not receive any grievous injuries or that he was not admitted in the hospital for 16 days. According to him, while he was being taken to the hospital he did not tell the police what had happened and states that he was grievously injured at that time. He has denied having told the police on the way to the hospital on 21.4.2010 itself as to what had happened or that he had also told the police that he did not know who had thrown the stones with which he was injured. The witness has stated that the question of his telling the police does not arise as he was unconscious on that day. He has further deposed that the stone pelting incident continued for about three to three and a half hours and has denied that persons from all communities were involved in the arson and rioting and states that it was only persons from the 'J' community who had attacked the members of 'B' community and that the members of 'B' community only tried to defend themselves.

Further, in his cross-examination the witness has stated that he told the police in his statement under Section 161 Cr.P.C. that it was one boy from the 'J' community who had taken Veer Bhan and Karan Singh towards the house of Pale for settlement/ compromise but Karan Singh and Veer Bhan were beaten when they sustained injuries and had been taken to the hospital; that on 20.04.2010 boys from the 'J' community were moving around the village threatening that they would burn the houses of the "chooras" and would throw them out of the village "choora ne kada ge, choora ne ghara ne aag lageye gai"; that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 132 on hearing this Veer Bhan who was in the hospital came back to the village. When confronted with his statement Ex.PW38/PX1 both these aspects were found to be not specifically recorded. He has further deposed that he had told the police that he did not know the names of the many of the boys and that he could identify these boys if shown to him but on confrontation with his statement Ex.PW38/PX1 this aspect was not found to be specifically recorded. He has also deposed that that he had told the police about the specific roles of all the accused as stated by him in the court but when confronted with his statement Ex.PW38/PX1 the said aspect was not found to be so specifically recorded. He has also deposed of having told the police that boys belonging to the 'J' community had entered into his house and had looted the house hold articles but when confronted with his statement Ex.PW38/PX1 only the aspect of tor damage (tor phor) was found to be recorded but not of looting.

This witness in his further cross-examination has stated that he regained consciousness after three to four days and does not remember the date when he was discharged from the hospital and states that his statement was recorded before his discharge from the hospital. He has denied the suggestion that he had not given the names of any of the persons to the police including those whom he had named in the court that is Ramphal S/o unknown, Rajender S/o Pale, Bobal S/o Sh Tek Ram, Dharambir @ Illa S/o Sh. Mai Chand, Jogal @ Dogar, S/o Hawa Singh, Baljeet S/o Inder, Satish @ Sattu Singh S/o Randhir Singh, Kulvinder S/o Sh. Ram Mehar, Monu S/o Suresh, Rupesh S/o Tek Ram, Ajeet S/o Sukhbir Singh, Leelu @ Jasbeer S/o Raja Ram Pawan S/o Ram Mehar, Rajbir @ Nanhe S/o Mai Chand St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 133 and Jaiveer S/o Balbir. He has further denied the suggestion that he was not present at the spot of the incident on 19.04.2010 when the dispute of the she-dog took place and therefore could not have specified the details to the police. He has admitted that he did not tell the doctors his name, his father's name and other details when he was admitted in the Hissar hospital and has explained that on account of the head injury his head was swollen and he could not speak and states that it was the person who was accompanying him who gave the details. He further deposed that the doctor did not make any inquiry from him when he was taken to the hospital and states that he had told the doctor at Hissar hospital how he had received injuries but not tell the doctor the name of the assailants. He has denied the suggestion that he did not tell the names because he was not aware of the person who had inflicted injuries on him and states that he was fully conscious at the time of the incident. He has denied having deposed regarding the incident dated 19.04.2010 and given the names of the accused in the said incident on the basis of what was told to him by the other villagers. The witness is unaware if Rajender S/o Pale is distributing milk in the area after taking the supply from Lakhsya Dairy and has denied that on 21.4.2010 while Rajender S/o Pale and Karampal were going to their fields in the boogie they were stopped and surrounded and beaten by the boys belonging to the 'B' community as these boys were aggrieved by the fact that Rajender could not supply any milk to them on 20.4.2010 and it was for this reason that the quarrel got aggravated and there was stone pelting from both the sides.

According to this witness the clothes which he was wearing at the time of incident were also soaked with blood but the police did not take them into possession or seize them despite his telling them that they St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 134 were the same clothes which he was wearing. He has stated that he had shown the place to the police where the quarrel had taken place on 19.4.2010 and also where he was standing on 21.4.2010 when he was hit with a brick on his head and has clarified that he had told this to the police on his return from Hissar on 16.5.2010 but admits that no site plan was prepared by the police in his presence nor the police asked him to identify any of the accused either in the village or in the police station or in the court or in the jail. He has admitted that it is for the first time that he has identified the accused Ramphal S/o unknown, Rajender S/o Pale, Bobal S/o Sh Tek Ram, Dharambir @ Illa S/o Sh. Mai Chand, Jogal @ Dogar, S/o Hawa Singh, Baljeet S/o Inder, Satish @ Sattu Singh S/o Randhir Singh, Kulvinder S/o Sh. Ram Mehar, Monu S/o Suresh, Rupesh S/o Tek Ram, Ajeet S/o Sukhbir Singh, Leelu @ Jasbeer S/o Raja Ram Pawan S/o Ram Mehar, Rajbir @ Nanhe S/o Mai Chand and Jaiveer S/o Balbir in the court and has explained that all the accused are known to him being residents of the same village but has denied that he has identified them on the tutoring of Ved Pal Tanwar who has formed a Gair Jat Sangathan and is regularly contesting the elections from the area having asked all of them so residing at his Farm House to support him. He has further deposed that the first payment of Rs.25,000/- was received by him when he was at the hospital and now he had received a sum of Rs.10,000/- at the farm of Ved Pal Tanwar. He has further denied the suggestion that Ved Pal had told him that Rs.10,000/- has been because of his help and that if he deposed against the accused, he would get more money. The witness has also denied the suggestion that some mischievous persons belonging to the 'B' community had set kacha houses belonging to the members of 'B' St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 135 community on fire and the accused belonging to the 'J' community have no role in the same.

PW39 Sube Singh son of Bhura Ram, aged 70 years is a resident of village Mirchpur having a family comprising of five married sons. He has studied till class 4 th and has stated that he can read little bit of Hindi and can also sign in Hindi. I may observe that though this witness has in his testimony made a casual reference to the incident dated 19.4.2010 but according to him, it is on the basis of what he had heard in the village and therefore being a hearsay his testimony to that extent is inadmissible.

According to this witness, on 20.04.2010 both Karan Singh and Veer Bhan had been brought back from the hospital so that the disputes could be amicably settled. He has deposed that on 21.04.2010 at about 10-11 AM all the persons of the 'J' community residing in the village got together in their Chaupal and from there they carried lathies, jellies, dandas, gandase and came to their ('B') Basti where they started shouting "choorya ne dedha ne phook do, mar do" (burn the chooras, kill them). Witness has further deposed that thereafter these persons started setting the houses belonging to the members of 'B' community on fire and at that time he was sitting in his house when he saw that lot of houses were being put on fire. He has deposed that first his house was set on fire and in order to save himself he climbed on the roof of the house of Tara from where he saw that his house was being set on fire. Thereafter these assailants came towards the house of Tara and set it on fire and therefore in order to save himself he went to the adjoining house of Tara towards the chabutra (room on the roof) and from there he saw that the adjoining house of Tara was put on fire where Tara and his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 136 daughter Suman were burnt to death. Witness has further deposed that ten to twelve of these boys then came to him on the roof as the kunda (bolt) was open and started kicking the door of the room where he was hiding and broke the latches and picked up the empty cylinder from the room and threw it on the ground and thereafter sprinkled oil. He pleaded to them with folded hands to spare him as he was an old man when one of the boys from the group asked the others to leave him saying "dada baith jayo" (grandfather sit down) on which all the boys thereafter left by bolting him in the room from outside and went ahead to set the other houses in the same lane on fire. According to the witness all these boys were also indulging into stone pelting due to which his other children went into hiding at other places but he did not receive any injuries. He has stated that he could recognize many of these boys who had come to his house and he remembers seeing the son of Ram Mehar who is commonly known as Baniya in the village, Karambir, Son of Hoshiyara called as Handa in the village, Rajender S/o Pale and others whom the witness says he can identify after seeing being the residents of the same village.

With due permission of the court Ld. Special Prosecutor for the victims has put leading questions to the witness on which the witness has deposed that the police had made inquires from him on the same day of the incident (21.04.2010) and he had also told them the names of the boys whom he had seen at the time of the incident but he did not tell the police that Mahesha S/o Dalipa, Bobbal @ Langra S/o Teka, Joginder @ Joggar S/o Inder Singh, Dharambir S/o Tara Chand, Suresh S/o Balbir, Nanha S/o Mahi Chand, Mandeep S/o Prema, Hathi S/o Ballu Ram, Rajender S/o Dhupa, Daya S/o Jeet Singh, Kulwant S/o Chander Singh, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 137 Sukhbir S/o Manphool, Surender S/o Jag Dev, Jaiveer S/o Manphool, Viren S/o Yashpal, Naresh S/o Prem Singh, Dinesh S/o Prem Singh but has voluntarily stated that he had given the names of Rajender S/o Sadhu, Ghaggar S/o Tara Chand as the boys who had come to the 'B' Basti and indulged into arson, burning of houses and damage (tor phor). According to the witness he had not given the names of Ajeet S/o Dalip, Rajender S/o Dhoopa, Balwan S/o Inder Singh, Satyawan S/o Tara Chand, Ajeet S/o Sukhbir as the boys who had sprinkled oil on his house and Balwan S/o Inder Singh and Satywan S/o Tara Chand as the boys who had set his house on fire and has voluntarily stated that he had given the name of the son of Hoshiyara as the boy who had come to his house but he was not sure if his name is Vijender and has clarified that he is called Handa in the village. The witness has further explained that these boys whose names he had not given to the police previously in his statement Ex.PW39/PX1 were actually present at the spot and indulging into stone pelting and arson and has stated that he had told the police that he could identify these boys as they were all from their village but could not tell their names. Witness has denied the suggestion that he had given the names of these boys to the police and now he has forgotten the same on account of passage of time and due to old age but has voluntarily said that he was perplexed that is why he could not tell the names of all the boys to the police. According to this witness he had never identified the boys who he has named in the statement because on the same day evening his son had taken him away to the Barwala.

When all the accused were put to the witness one by one he correctly identified the accused Karam Veer S/o Tara Chand as the person who had come into his house and set it on fire; accused Ramesh St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 138 S/o Dalip Singh by pointing out towards him as the person who was indulging into stone pelting and burning of houses; accused Kulwinder S/o Ram Mehar by pointing out towards him as the boy who is commonly called as baniya in the village who was indulging into stone pelting and burning of houses and damaged to the property by breaking TV sets of his house and also of the other houses and accused Rajender S/o Pale by name and by pointing out towards him as the person who was indulging into burning of houses. In this regard, I may observe that despite having named Rajender S/o Sadhu, Ghaggar S/o Tara Chand and son of Hosiyara that is Vijender he has not been able to identify them in the court when they were specifically put to him.

In his cross examination by Ld. Defence counsels the witness has admitted that he had been working in a Government hospital for about 33-34 years but states that after his retirement he had never gone to his place of work except for his treatment. Witness has denied the suggestion that he was in the hospital on 21.04.2010. He has admitted that in the gali where his house is situated on one side there are the houses of the members of 'B' community including his house whereas on the other side of the gali the houses of persons from the 'J' community are situated. According to this witness their houses are 50-55 years old and states that all these years they were having a very conducive atmosphere in the village. He has denied that the crowd which had gathered on 21.04.2010 consisted of men, women, children and aged persons and has explained that there were no children and elders but there were only four to five ladies along with the boys from the 'J' community had also called some persons from outside. He has denied that since he was inside his house he cannot tell the community to which St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 139 the assailants belong and has stated that that they were from the 'J' community as he had seen them when they came to his house. The witness has further deposed that the police did not make any site plan in his presence because he had left the village feeling scared but states that he had told the police and shown the place where the incident had taken place and had also told the police the places where the accused whom he had named and also identified in the court were standing. The witness has admitted that the police did not arrest any of the accused in his presence and states that they were arrested much later after he had left the village. He has further stated that he was never called by the police to the police station or to the village or to the court or to Jail to identify the accused who were involved in the incident. Witness has denied the suggestion that he had named and identified the accused Karambir S/o Tara Chand, Ramesh S/o Dalip Singh, Kulwinder S/o Ram Mehar, Rajender S/o Pale, Vijender S/o Hoshiyara, Ramesh S/o Dalip and Rajender S/o Pale on the behest and tutoring of the prosecution.

The witness has clarified that that he was using the spectacles for the last 15-16 years but has denied the suggestion that in the month of April, he had got his eyes operated and has voluntarily explained that his eyes were operated in the Narnaund Hospital in the month of March, 2010. He has denied the suggestion that on the day of the incident his eyes were bandaged and has voluntarily added that the cloth was put on his eyes only for one day when they were operated after which he was wearing dark goggles and has explained that he had gone to the Sood Hospital in April to get medicines for his eyes. The witness has denied the suggestion that on the date of the incident he was still using dark goggles or that he was in the Narnaund hospital at Mirchpur St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 140 for the whole day on 21.04.2010 and has also denied the suggestion that the fire caused to his house was accidental due to hukka/biri. He has also denied the suggestion that he had been tutored by the prosecution and has stated that he has deposed on the basis of what he had seen.

This witness has been duly confronted by the Ld. Defence counsel with his earlier statement under Section 161 Cr.P.C. which is Ex.PW39/PX1 on the aspect regarding the manner in which the incident dated 21.4.2010 took place and it has been observed by the court that the witness has not completely narrated the facts to the police in the form in which he has deposed before the court.

He has further deposed that he had told the police that ten to twelve of these boys then came to him on the roof as the kunda (bolt) was open and started kicking the door of the room where he was hiding and broke the latches and picked up the empty cylinder from the room and threw it on the ground and thereafter sprinkled oil; that he pleaded to them with folded hands to spare him as he was an old man, when one of the boys from the group asked the others to leave him saying "dada bath jayo" and thereafter they left by bolting him in the room from outside and went ahead to set the other houses in the same lane on fire and that his other children went into hiding at other places. When confronted with the statement Ex.PW39/PX1 these facts were not found so recorded.

The witness has however admitted that he did not tell the police the specific roles attributed to all the accused as named and identified by him in the court and has stated that Karna (Karan Singh) and Veer Bhan had given the details to the police and also what all these boys were doing.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 141 He has denied the suggestion that Rajender S/o Pale is having a business of distributing milk in the village which he was getting from Lakshay dairy and has deposed that he cannot tell if on 20.04.2010 Rajender could not distribute milk in the village as he did not get the supply from the dairy on account of which some boys belonging to the 'B' community being aggrieved stopped him on 21.04.2010 in the morning along with Karam Pal when they were going on their boogie to the fields and beat them up which dispute got aggravated. Witness has further deposed that the entire incident of stone pelting arson etc continued for more than two hours. Witness has denied the suggestion that stone pelting took place from both the communities and has voluntarily added that it was the boys from the 'J' community who threw stones. He has denied the suggestion that he was not present in the village and it is for this reason that he is not aware of any incident. The witness has further deposed that the house of Tara Chand is adjoining his house and there was no wall in between and the way was being used as a rasta (passage) and has voluntarily added that the house of Tara Chand is not even 30 feet from his house and he had gone to his house by crossing the rasta. He has denied the suggestion that he did not go to the house of Tara Chand and did not see the incident from there or that he was deposing on the basis of hearsay since he was residing with his son at Barwala village on 21.04.2010.

PW40 Vijender S/o Surta aged 28 years a resident of village Mirchpur where he used to reside along with his family comprising of himself, wife and two children. He is a daily wages labour and at the time of the incident was working with jamindars belonging to the 'J' community as Mason. According to his witness, his larger family St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 142 comprises of his parents and seven brothers and sisters some of whom are still residing at village Mirchpur whereas he himself has shifted to the Farm House of Ved Pal Tanwar about two to two and a half months prior to his deposition before this court.

I may observe that in his testimony the witness has deposed about the incident dated 19.4.2010 but in his cross-examination he has clarified and admitted that he had not personally witnessed this incident and had deposed on the basis of what he had heard. This being so, his testimony to the extent of incident dated 19.4.2010 is inadmissible in evidence.

According to this witness, on 20.04.2010 there was a talk of some compromise in the village between the two communities that is 'B' and the 'J' and therefore Karan Singh and Veer Bhan were called back on that day but the boys of the 'J' community were consuming alcohol while sitting at the diggi/water tank.

In so far as the incident dated 21.4.2010 is concerned the witness has deposed that at about 9-10 AM about 700-800 persons and armed with bricks and gandases and started setting the houses belonging to the members of 'B' community on fire and that they first set the house of Sanjay on fire and thereafter set the house of Tara Chand on fire in which Tara and his daughter Suman were burnt and they all got scared and climbed the roofs of their houses. According to this witness, he was standing on the roof of his house and sustained a brick injury on his foot. He has deposed that these boys armed with gandases thereafter started hitting persons from the 'B' community while some of these boys from the 'J' community started dancing naked while others were indulging into arson and stone pelting. The witness has further deposed that these boys St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 143 entered his house and started breaking his house hold articles and they damaged his cots, chairs, tables, containers of grains, color TV. He has further deposed that he had seen these boys from his roof and he could identify them and has further stated that he had seen Bobbal @ Langra and Illa S/o Mahi Chand who had both entered his house. He has further stated that he could also identify the other boys who were indulging into stone pelting, burning of houses etc having seen them from his roof. According to him, he had told the doctors who had come to the village on 21.04.2010 that he had sustained brick injuries but they did not treat him. He has further stated that he had received a sum of Rs.10 thousand from the government on one occasion and Rs.15 thousand on other occasion as compensation.

Leading questions were put by Ld. Special Prosecutor with the permission of the court on which the witness has admitted that the police had made inquires from him on 21.04.2010 and also recorded his statement and has clarified that he had given the names of three to four boys whom he had seen indulging into violent activities at the time of the incident including that of Rajender S/o Pale and Rajesh S/o Dhupa. He has however denied the suggestion given by the Ld. Special Public Prosecutor that he had given the names of Rishi S/o Satbir, Pawan S/o Ram Mehar, Pardeep S/o Balwan, Rajender S/o Sadhu, Ghaghar S/o Tara Chand, Dharamvir S/o Tara Chand, Hoshiyar S/o Mangal, Surender S/o Jagdev, Dinesh S/o Prem Singh, Satyawan S/o Tara Chand, Dalbir S/o Dalip, Dinesh S/o Amarlal, Joginder S/o Bhim Singh, Roshan S/o Ram Swaroop, Rajesh S/o Om Parkash, Deepak and Suresh both sons of Ajmer, Pardeep S/o Ram Phal as the boys who had come to the 'B' Basti with dandas lathies and containers of oil and indulged into arson, stone St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 144 pelting and rioting and when confronted with the statement Ex.PW40/PX1 the said names fond a mention. He has admitted having given the names of Rajbir @ Nanha S/o Mahi Chand and Ramphal S/o Prithvi to the police but has denied the suggestion of the Special Public Prosecutor that he had named Surender S/o Jagdev, Ajeet S/o Dalip Singh as the boys who had sprinkled oil and Jaiveer S/o Manphool, Satyawan S/o Tara Chand and Hoshiyar S/o Mangal Singh who had set fire to his house which names are however found mention in the statement Ex.PW40/PX1 on confrontation. Witness has also denied the suggestion of the Ld. Special Public Prosecutor that he had shown these boys to the police and that is why their names have been mentioned in his statement or that he is deliberately not naming these boys as he has been won over by them and their families and because the livelihood of his family members residing in the village are dependent on their families.

When the accused were put to the witness one by one, he has correctly identified the accused Juggal @ Dogar S/o Hawa Singh by name and also by pointing out, as the person who was setting the houses on fire; Daya S/o Ajeet who according to him also known as Chini in the village both by name and by pointing out as the person who was having jellie in his hand and was attacking persons from his community ('B'); accused Dharambir @ Illa S/o Mahi Chand both by name and by pointing out as the person who was having oil containers in his hand and sprinkling the same on houses; accused Bobbal @ Langra S/o Tek Ram both by name and by pointing out as the person who was having stones and bricks in his hand and throwing the same on them ('B') and was also exhorting saying " choora ne dedhya ne mar do phook St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 145 do" (kill and burn the choora/ dehdya); accused Satish @ Sattu Singh S/o Randhir by pointing out towards him as the grand son of Moga as the person who was indulging into stone pelting; accused Ajeet S/o Dalip both by name and by pointing out as the person who was having a lathi in his hand and was running and beating the members of 'B' community; accused Ram Phal @ Petla S/o Prithvi Singh both by name and by pointing out as the person who was indulging into burning houses belonging to the members of 'B' community and has clarified that it was Ramphal who had set the house of Tara on fire. He has further identified the accused Rajesh S/o Dhoop Singh who according to him also known as Kala in the village by pointing out towards him as the person who was having a gandase in his hand and running after the members of 'B' community stating "maro inhe" (kill them). The fact that he is known as Kala has been denied by the accused Rajesh. Witness has also identified accused Rajender S/o Pale who according to him is the main person due to whom the dispute had arisen in the village and has identified him as the boy who had set the house of Tara Chand on fire.

During his cross examination by Ld. Defence counsel witness has denied the suggestion that the compensation had been awarded to him courtesy Ved Pal Tanwar and has voluntarily stated that it was given by the government and by the Chief Minister Hooda. Witness has further deposed that a sum of Rs. Ten thousand were received by him twenty to twenty five days back when he was at the farm house of Ved Pal Tanwar and has deposed that he had received Rs. Fifteen thousand after about one and a half month of the incident. He has denied that initially he was trying to procure a fabricated MLR but St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 146 on failing to do so Ved Pal Tanwar promised him to get the compensation for him if he deposed as per his dictates and has stated that he has deposed on the basis of what he had seen.

According to the witness he had told the police that on 20.04.2010 there was a talk of compromise in the village between the two communities and therefore Karan Singh and Veer Bhan were called back and he had also told the police that on that day all these boys of the 'J' community were consuming alcohol while sitting at the diggi/water tank and when confronted with statement Ex.PW40/PX1 this aspect was not found to be so recorded. He has also deposed of having stated to the police that on 21.04.2010 at about 9-10 AM 700-800 persons armed with bricks and gandases and started setting the houses belonging to the members of 'B' community on fire and that they first set the house of Sanjay on fire followed by the house of Tara Chand wherein Tara and his daughter Suman were burnt and when confronted with statement Ex.PW40/PX1 it was not found to be so recorded. He has further deposed that he had told the police that they all got scared and climbed the roofs of their houses and when he was standing on his roof he sustained a brick injury on his foot; that these boys armed with gandases thereafter started hitting persons from the 'B' community and some of these boys from the 'J' community started dancing naked while others were indulging into arson and stone pelting; that he told the doctors who had come to the village on 21.04.2010 that he had sustained brick injuries but they did not treat him; that he had also given the details of the articles destroyed by these boys that is cots, colour TV, container of grains, table and chairs and when confronted with his statement Ex.PW40/PX1 all these aspects were not found so recorded.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 147 Witness has further deposed that the stone pelting continued for about two to three hours. Witness has further deposed that he was at Lampur for the last 14 to 15 days. Witness has denied the suggestion that he had been tutored at Lampur for the last 14 to 15 days by the witnesses who have already been examined and are still present at Lampur or that boys belonging to the 'B' community stopped Rajender S/o Pale and Karampal on 21.4.2010 morning when they were passing through the main gali and were leaving for their fields and thereafter beat them up on which the dispute got aggravated and there was stone pelting from both the sides.

Further, according to this witness there is a possibility of the persons from the other community who are resident of village Mirchpur, to have witnessed this incident but has voluntarily added that none of them came forward to save them. He has deposed that the police had made inquires even from the persons from other community about the incident and has denied the suggestion that the police was told by the persons from the other communities that there was stone pelting from both the sides or that the members of 'B' community had set their own houses which were not inhabitable condition on fire only to claim compensation from the Government. Witness has admitted that he was in his house at the time of arson but has clarified that he had seen the incident of fire from the roof of his house. He has denied the suggestion that due to jealousy and previous enmity with the persons of his village from the 'J' community he is falsely deposing against them. He has also denied the suggestion that he was told by Ved Pal Tanwar to depose on the basis of what was being taught to him or else he would have to face penal consequences. He has also denied that he is deposing falsely out St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 148 of fear of loosing out on the compensation which he has received from the Government. The witness has further admitted that the police had not arrested the accused whom he had identified in the court, in his presence and he had never been called by the police either to the village or to the police station or to the jail or to the court, after the arrest of the accused Jogal @ Dogar S/o Hawa Singh, Daya @ Chini S/o Ajeet, Illa @ Dharambir S/o Mai Chand, Bobal @ Langra S/o Tek Ram, Satish @ Sattu Singh S/o Randhir Singh, Ajeet S/o Dalip, Ramphal S/o Prithvi Singh, Rajesh S/o Dhup Singh and Rajender S/o Pali for purposes of their identification.

PW41 Smt. Sunita aged 40 years is the wife of Surta (wrongly typed as Sultan whereas it should be read as Surta) and is a resident of village Mirchpur and is a daily wager having two children that is one son and one daughter. This witness has not supported the case of the prosecution and has turned hostile with regard to the incident dated 21.4.2010 and on identification of the accused and also with regard to her statement made to the police under Section 161 Cr.P.C. which is Ex.PW41/PX1 on the aspect of the identity of the assailants particularly Rajender S/o Pale, Rishi S/o Satbir, Illa S/o Mahi Cahand, Pardeep S/o Balwan, Kulwinder S/o Ram Mehar, Rajpal S/o Sue Chand, Soni S/o Jai Veer, Vipin S/o Partap, Hathi S/o Ballu Ram, Rajesh S/o Dhoopa, Deepak S/o Ajmer, Satish S/o Ajmer, Baljeet S/o Inder Singh , Ajeet, S/o Sukhbir, Dalbir S/o Dalip, Monu S/o Suresh all belonging to the 'J' community whom she had named in her statement Ex.PW41/PX1 as the persons who had got together and come to 'B' Basti and set a large number of houses on fire and also damaged property and committed looting of the household articles including jewelery and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 149 cash and inflicted life threatening injuries on persons. She has also turned hostile on the aspect that it was Rajender, S/o Pale, Rishi S/o Satbir, Dalbir S/o Dalip, Monu S/o Suresh, along with other persons came to her house and broke her household articles.

According to this witness, her son Vijay aged 22 years had expired about a month prior to the incident and she had gone to her father's house where she came to know that some incident of arson had taken place at village Mirchpur but she is unable to tell who had put the houses on fire and what had happened. She has denied having made any statement to the police which is Ex.PW41/PX1 and has explained that she had only stated that her house had been got burnt by the persons from the 'J' community but she did not tell the names to the police since she had returned after one month to the village.

The witness has however admitted that she had received a compensation for a sum of Rs.1,10,000/- from the Government and has stated that she initially received Rs.1 lac since her house was burnt but she is unable to tell why and under what head Rs.10 thousand were given to her. She has denied that this Rs.10 thousand were given to her since she had claimed that she was present at the time of incident and received injuries. According to her she did not give any list to the Government to the extent that her articles including two petties (trunk), three fans, two televisions, two quintal wheat, cycle, charpai (cot), bistar (bedding), utensils, five tolas gold, fridge, cooler and bed were burnt during the fire which list is Ex.PW41/A due to which reason she had got the compensation from the Government and has explained that she only had a small house which was burnt which contained two fans, two quintal wheat, charpai (cot), one cycle, rehri and other small household articles St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 150 including utensils and clothes.

In her cross examination by Ld. Defence counsels the witness has stated that she had only heard that her house had got burnt by the boys belonging to the 'J' community.

PW42 Vicky aged about 21 years is the son of Dhoop Singh a resident of village Mirchpur who has already been examined as PW39. He has studied till class 11th and at the time of his deposition was not doing anything. He has a family comprising of his parents and two nephews who are the sons of his deceased brother.

At the very outset I may observe that in so far as the incident dated 19.4.2010 is concerned, this witness has admitted that he had not seen this incident and in his cross-examination has clarified that he came to know about the same when the injured Veer Bhan was got back at home in an injured condition and therefore it is writ large that this witness has only deposed on the basis of hearsay in respect of the incident dated 19.4.2010 and all what transpired in front of the house of Karan Singh and therefore, his statement to that extent would not be admissible in evidence. Since this witness came to know of the incident after Veer Bhan was brought back in an injured condition, his testimony to the extent of what transpired thereafter would of course be admissible.

In his testimony this witness has deposed that on 19.04.2010 evening five to six boys including Sonu S/o Wakil and one Tinku all belonging to 'J' community after consuming alcohol were passing through the main gali and when they reached in front of house of Karan Singh, his she-dog started barking at them on which they picked up a stone and hit the dog, which stone went inside the house and hit the gate. On this the nephew of of Karan Singh came out and protested asking St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 151 these boys why they had thrown the stone on which they (boys belonging to 'J' community) remarked "ab to kutya ne mara hai phir tere bhi marenge" (at present we have hit the dog but we will also hit you). This was followed by a a quarrel after which these boys left the spot and went towards the houses of 'J' community where they gathered. Thereafter, one of the boys namely Ajeet (whom the witness has identified in the court) came to Veer Bhan and Karan Singh and called them towards the houses of the persons of the 'J' community on the pretext of getting the matters amicably resolved but about ten to fifteen boys were also present there who suddenly attacked Karan Singh and Veer Bhan who sustained injuries, so much so that the condition of Veer Bhan was serious and had to be hospitalized first at Hansi and thereafter at Hissar. Here I would like to observe that since the witness has in his cross-examination admitted that he did not see the incident of quarrel of 19.4.2010 and had only seen these boys going in the gali in a drunken state and thereafter came to know of the incident when Veer Bhan was got back at home in an injured condition, his above testimony is only admissible on the aspect of Veer Bhan having sustained injuries and on the aspect of Sonu S/o Wakil and Tinku passing through the gali in a drunken condition and no more.

Further, in respect of the happenings on 20.4.2010 he had deposed that some persons of the 'J' community from the Panchyat went to Hissar hospital and requested Karan Singh and Veer Bhan not to get the FIR registered and stated that they would get the matters compromised in the evening on which Veer Bhan was brought back from the hospital while Karan Singh had already come back to his house before that. According to the witness in the evening of 20.04.2010 there St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 152 was an atmosphere of fear in the village since a large number of boys from the 'J' community had gathered and the members of the 'B' community of the village were afraid, apprehending that they might attack and therefore they (persons from the 'B' community) remained alert and awake during the night.

Witness has further deposed that in the morning of 21.04.2010 at about 8 AM Rajender S/o Pale was passing through the main gali in his boogie while he was going to his house when he had some verbal altercation with some boys of the 'B' community and therefore ran away from that place raising an alarm "choorya ne mar diya, choorya ne mar diya" (chooras have killed, chooras have killed) and thereafter went to the main Chaupal of the 'J' community and collected large number of boys but he was not present at the time when this happened. He has further deposed that from the 'J' Chaupal all these boys came towards the houses of the members of 'B' community duly armed with dandas, gandases, stones and when they came towards their houses there was an altercation between them that is the members of 'B' and 'J' community (apas mein jhagra hua) and after some time these boys ran back towards the houses belonging to persons from the 'J' community.

According to the witness, in the meanwhile Gulab Singh Chowkidar was coming from the gali and was crossing from the gali of Rajender S/o Pale where he was stopped by Rajender S/o Pale and Rishi S/o Satbir and beaten with dandas after which Gulab Singh came towards the houses of persons belonging to 'B' community and started crying stating that he had been injured on his knees and legs as he was beaten with dandas. Witness has further deposed that thereafter these St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 153 boys from the 'J' community called more persons and boys belonging from the 'J' community from out side areas (out side the village) and about thousand to fifteen hundred persons from the 'J' community gathered at the 'J' Chaupal and from there they came to the 'B' Basti duly armed with lathies, gandases, stones, oil cans and petrol and while these boys were still coming from Chaupal side, some persons from the village from the 'J' community came to them and told them to gather at their Chaupal for a settlement. Thereafter while they ('B') were at their Chaupal these boys belonging to 'J' community who were coming from their Chaupal started burning houses of persons from the 'B' community and also pelted stones on them while they were still standing in the main gali. He has deposed that these assailants surrounded their Basti from all the four the sides and burnt as many as twenty to twenty five houses of the members of 'B' community including the houses of Tara Chand, Sube Singh, Chander Singh, his own house, the house of Gulab Singh and all three sons of Gulab Singh. He has further deposed that they were surrounded from all the four sides and it became difficult for them to save their lives so much so that they did not know whether to save themselves or their children or what to do. He has further deposed that his father Dhoop Singh was unwell suffering from respiratory problem and was alone at their house along with his mother and two nephews and therefore when he saw what was happening he ran back to his house apprehending danger to the lives of his family members and during this time the assailants were in the process of setting the house of Chander on fire which is on the corner of the main gali. According to the witness, he immediately told his father to move out in view of the prevailing circumstances but since his (father's) condition was serious he could not St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 154 move and therefore in order to save his other family members his mother and two nephews escaped from the back side of the house whereas he remained in the house with his ailing father who could not move. He has further deposed that he had shut the main gates but these boys came there and while he and his father were hiding inside the house behind their four shops, he saw that the gates of their shops were broken and a large number of boys jumped inside and started setting the shops on fire amongst whom he could identify Ramphal S/o Prithvi, Sanjay S/o Daya Nand, Pardeep S/o Jaiveer, Sonu S/o Wakil (not an accused before this court), Pardeep S/o Suresh, Satyawan S/o Rajender, Rajpal S/o Sheo Chand, Bobbal S/o Tek Ram who all were sprinkling oil on the walls of their shop and setting it on fire along with many other boys whose name he does not remember but can tell after refreshing his memory and also after seeing their faces. He has also stated that many of these boys have not been apprehended till date. According to the witness, when these boys jumped and came inside his father pleaded to them with folded hands and asked them what was their fault on which the accused Ramphal hit his father with a lathi on his arm and the accused Sanjay S/o Daya Nand hit his father with a lathi on his legs thereby causing a fracture and injuring the arm of his father. Thereafter, he heard the accused Sanjay shouting to others "vickey ko dundo kare hai" (search for Vicky where is he) while he (witness) was hiding inside his house. On this his father fell down while the boys were still searching for him and he (Dhoop Singh his father) shouted to him from outside to run away as these boys would otherwise kill him and on getting an opportunity due to which he escaped by jumping from the terrace but two or three of these boys saw him and followed him despite St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 155 which he managed to escape. Witness has further deposed that while his house was set on fire and was burning he saw two to three police persons watching the same and these boys were also exhorting and shouting "choora ne aag lage do, dedha ne aag lago de" (burn the chooras, burn the dedhas). The witness has also deposed that after these boys (assailants) burnt their houses many of them were dancing naked on the streets which he saw when he climbed on the roof in order to save himself and out of them he could recognize Sumeet S/o Satyawan and Kulwinder S/o Ram Mehar.

According to the witness, when the police came at about 1- 1:30 PM while the houses were still on fire and he had come back to his house to search for his father, he found Sanjay S/o Amar Lal on the back side of his house standing with a danda in his hand shouting "koi choora marya ya nahi" (has any choora been killed or not). He has further deposed that his uncle Jaiveer had entered the house from the back side and saved his father and when he came back to his house after the police had come he found that his father had already been removed to his grandfather's house by his uncle Jaiveer. Witness has further deposed that Ambulance had come to the village and his father Dhoop Singh had been removed to the hospital along with Tara and his daughter Suman who were burnt to death and he did not accompanied him since there were large number of other persons who also had to be removed to the hospital.

The witness has further deposed that in the month of January that is on 19.01.2011 when there was a 'J' agitation after the persons from the 'J' community sat on the railway tracks protesting. He has stated that a vehicle was brought to the village Mirchpur with a St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 156 public announcement system where five to six boys were sitting making announcements that they would ensure that there brothers who are in judicial custody are set free even if fifty more persons have to die. He has further stated that this announcement was made on two occasions since this gari/ vehicle took the round of the village twice and it was only in the afternoon that the police seized this vehicle but on account of the same the persons of the 'B' community including his family felt scared and started leaving the village and ever since they are staying at Hissar, at the Tanwar Farm House. Witness has further deposed that he did not receive any injuries but his family was given compensation for their house which was burnt. He has stated that initially they were given Rs. One lac fifteen thousand but thereafter again they received Rs. One lac. He has further deposed that police had make inquires from him and recorded his statement on one occasion.

Leading questions were put by Ld. Special Prosecutor for the victims with the permission of the Court on which the witness has admitted that the police had recorded his statement on 27.06.2010 which is Ex.PW42/PX1 wherein he had given the names of Illa S/o Mahi Chand, Nanha S/o Mahi Chand, Tinku Petwar, Manjeet S/o Mahender, Joginder @ Jogar S/o Inder, Kalla S/o Umed but Kalla S/o Umed has not been apprehended by the police till date, Sunil, S/o Daya Nand Master, Manbir S/o Zile Singh, Sandeep S/o Chander Fauji, Sonu S/o Dalbir who were the persons who had come to their shop and indulged into damage (tor phor) to his property and arson. When all the accused were put to one one by one he correctly identified accused Sonu S/o Dalbir, Pardeep S/o Jaiveer, Rajpal S/o Sheo Chand, Pawan S/o Hoshiayar Singh, Sandeep S/o Chander, Sanjay S/o Daya Nand, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 157 Dharambir @ Illa S/o Mahi Chand, Pawan S/o Ram Mehar, Daya Kishan S/o Ajeet, Balwan S/o Inder, Pardeep S/o Satbir, Rupesh S/o Tek Ram, Kuldeep S/o Balbir, Parveen S/o Jagdev, Sunil S/o Daya Nand, Jasbir S/o Raja Ram, Jitender S/o Satbir, Kulwinder S/o Ram Mehar, Sanjay S/o Amar Lal, Karam Pal S/o Satbir, Pardeep S/o Balwan, Jagdish S/o Lehna Ram, Ajeet S/o Sukhbir, Kuldeep S/o Om Parkash, Sonu S/o Ramesh, Rishi S/o Satbir, Bobbal S/o Tek Ram, Joginder Singh S/o Inder Singh, Jugal S/o Hawa Singh, Ramphal S/o Prithvi, Roshan S/o Ram Swaroop, Manbir S/o Zile Singh, Deepak S/o Krishan, Satyawan S/o Rajender, Jagdish S/o Barru Ram, Sumeet S/o Satyawan, Tinku S/o Sewa Singh, Rajender S/o Pale, Pardeep S/o Suresh, Baljeet S/o Inder by pointing out towards them and also by naming them.

According to the witness, Sandeep S/o Chander, Rajesh S/o Tek Ram, Hitender S/o Satbir (actual name is Jitender S/o Satbir), Kuldeep S/o Ram Mehar (actual name is Kulwinder S/o Ram Meher), Sanjay S/o Amar Lal, Karam Pal S/o Satbir, Kuldeep S/o Om Parkash, Sonu S/o Ramesh, Jogal S/o Hawa Singh, Roshan S/o Ram Swaroop, Satyawan S/o Rajender, Jagdev S/o Lehna, Jagdish S/o Barru, Pardeep S/o Satbir, were the boys who were having dandas in their hands and were hitting persons from 'B' community and also indulging into tor phor and damaged to property of the members of 'B' community. He has identified Baljeet S/o Inder as the boy who was having jellie in his hand and was running after the members of 'B' community and was hitting with the same; Sumeet S/o Satyawan as the boy who was dancing naked on the roof; Ajeet S/o Sukhbir as the person who had come to call Veer Bhan and Karan Singh on 19.04.2010 St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 158 and has stated that Ajeet was present in the crowd indulging into stone pelting having gandase in his hand. He has also identified Pardeep S/o Satbir, Jasbir S/o Raja Ram as the persons who had entered into his shop committed looting of the articles in his shop and damaged the property; accused Pawan S/o Hoshiyar Singh, Balwan S/o Inder, Parveen S/o Jagdev, Karam Pal S/o Satbir, Sonu S/o Ramesh as the persons who were indulging into stone pelting and exhorting by using caste abuses and the accused Deepak S/o Kishan as the person who was having a oil container in his hand and setting the houses on fire.

In his cross-examination by Ld. Defence counsels the witness has deposed that after two to three days of the incident he had left village Mirchpur and has explained that at that time after the incident they had gone to Hissar for a Dharna and stayed there for about one month after which they returned back to village Mirchpur. He has further deposed that during this period he had also come to Delhi for Dharna where he remained for about twenty to twenty five days but continued to reside at village Mirchpur before January, 2011. According to the witness on 21.04.2010 in the morning there were only ten to fifteen police personnel's but after the incident about 50-60 police personnel's came to the village right from SP to constable. He admits that he did not tell the SP what had happened but states that he had informed other police officers but is unable to tell their rank or other details. He has also stated that no police officer made any inquiry from him about the incident on 21.04.2010 and even he did not go to any police officer to tell them what had happened and it was only after two to three days that he told the SP who had come to the village all what had happened but his statement was not recorded. Witness has also deposed St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 159 that he was on dharna at Jantar Mantra, Delhi and states that they had stayed at 'B' Bhawan, Panchukiya road where Deputy Commissioner from Hissar Sh. Yudhvir Khaliya had come to meet them.

Witness has further deposed that the police did not call him to the village or to the police station or to the court or to jail after the arrest of the accused persons for purposes of their identification and he does not recollect the date when his statement was recorded for the first time and states that that it was after many days of the incident and also states that he had given the names of all the assailants whom he has now named in the court when his statement was recorded by the police. He has further deposed that the accused whom he has not identified in the court had never been named by him in his statement given to the police.

According to the witness he had told the police that apart from the aforesaid persons whom he had named, there were other persons also and in case if they came before him or if he remember their names he would tell and he can identify them but when confronted with the statement Ex.PW42/PX1 this fact has not been found mention. He has admitted that all the boys whom he had identified in the court were known to him previously as they were resident of the same village and he admits that he did not name them in his statement for which the explanation given by him is that it was on account of the fact that the atmosphere in the village was very tense and he was apprehensive of the welfare of his family due to which reason he could not get all the names recorded. He has admitted that he did not tell the police that he was not giving the names of all the assailants out of fear and has denied the suggestion that he did not make any statement for almost three months since he was not present at the spot on the date of the incident and had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 160 not witnessed anything. He has also denied the suggestion that he had falsely implicated and identified the accused in the court at the instance of Ved Pal Tanwar on account of political hostility or that he was first tutored for two to three months only after which his statement was got recorded as a matter of strategy to seek compensation and also to work out the present case due to political pressure on the investigating agency.

It is evident from the cross-examination of the witness that in so far as the incident dated 19.4.2010 is concerned, his entire deposition was put to him and he was specifically asked by the Ld. Defence Counsel if whatever he has so deposed in the court was stated by him to the police in his statement under Section 161 Cr.P.C. on which the witness stated he had told the police about it but when confronted with his statement Ex.PW42/PX1 these aspects so deposed were not found to be mentioned.

Further, this witness was also asked if he had told to the police about the development and happenings on 20.4.2010 as he has now deposed before the court on which he has stated that he told the police all these facts but when confronted with his statement Ex.PW42/PX1 all these facts were not found to be recorded. He was further cross-examined and asked if while getting his statement under Section 161 Cr.P.C. recorded he had told the police about the incident dated 21.4.2010 in the manner in which he has deposed before the court to which the witness has stated that he had told the police about it but when confronted with his statement Ex.PW42/PX1 the facts relating to the incident where these facts relating to the incident which happened in the morning on 21.4.2010 have not been mentioned as has now been narrated before the court.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 161 The witness has further been cross-examined with regard to his deposition made in respect of the incident dated 21.4.2010 and confronted with his earlier statement made to the police Ex.PW42/PX1 and the witness has specifically told the police that when these boys jumped and came inside his father pleaded to them with folded hands and asked them what was their fault; that Sanjay shouted to the others "vickey ko dundo kare hai" (find Vicky where is he) when he was hiding inside the house and his father fell down and while these boys were still searching for him, his father shouted to him from outside to run away as these boys would otherwise kill him; that on getting an opportunity he escaped by jumping from the terrace and two or three of these boys who saw him and followed him but he managed to escape; that while his house was set on fire and was burning he saw two to three police persons watching the same and these boys were also exhorting and shouting "choora ne aag laga do, dheda ne aag laga de" (burn the chooras, burn the dedhas); that many of these boys were dancing naked on the streets which he saw when he climbed on the roof in order to save himself and out of them he could recognize Sumeet S/o Satyawan, Kulwinder S/o Ram Mehar; that when the police came at about 1-1:30 PM while the houses were still on fire he came back to his house to search for his father when he found Sanjay S/o Amar Lal on the back side of his house standing with a danda in his hand shouting "koi choora marya ya nahi" (has any choora been killed or not); and that his uncle Jaiveer had entered the house from the back side and saved his father and when he came back to his house after the police had come when he found that his father had been removed to his grandfather's house by his uncle Jaiveer. The witness when confronted with his statement St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 162 Ex.PW42/PX1 it was found that these facts had not been so mentioned.

This witness has been further asked whether he had told the police that while these boys were still coming from Chaupal side some persons from the village from the 'J' community came to them and told them to gather at their 'B' Chaupal for a settlement; that while they were still at their 'B' Chaupal these 'J' boys who were coming from their 'J' Chaupal in the meanwhile started burning houses of the persons from the 'B' community; that they ('J' boys) also started pelting stones on them while they ('B') were still standing in the main gali and surrounded their Basti from all the four sides; that they burnt twenty to twenty five houses belonging to the members of 'B' community including the houses of Tara Chand, Sube Singh, Chander Singh, his house, the house of Gulab Singh and all three sons of Gulab Singh and it became difficult for them to save their lives. When confronted with his statement Ex.PW42/PX1 these facts were not found to have been mentioned. He was further asked if he had told the police that his father Dhoop Singh was unwell as he was suffering from respiratory problem and was alone in their house along with his mother and two nephews and when he saw what was happening he ran back to his house apprehending danger to the lives of his family members and at that time these boys were in the process of setting the house of Chander on fire which is on the corner of the main gali when he told his father to move out in view of the prevailing circumstances but as his condition was serious his father could not move. Witness has further deposed that he had also told the police that in order to save his other family members his mother and two nephews escaped from the back side of their house whereas he himself remained inside with his ailing father who could not move out and they shut the main gates but while he and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 163 his father were hiding inside their house behind their four shops, these boys came there and he saw that the gates of their shops were broken and a large number of boys jumped inside and started setting their shops on fire. When confronted with his statement Ex.PW42/PX1 these facts were not found to be so mentioned.

Witness has denied the suggestion that he was not present in the village on 21.4.2010. He has also denied that on that day when Rajender and Karampal were going to the fields in their boogie (bullock cart) they were stopped and beaten by the boys from the 'B' community on account of which the dispute got aggravated and there was stone pelting from both the sides and has voluntarily added that he had only seen the stone pelting which started later and continued for about one to one and half hours. He has also denied the suggestion that there was stone pelting from both the sides when there was a dispute between Rajender and the boys belonging to the 'B' community and has voluntarily added that there was only verbal altercation at that time which lasted for five to ten minutes. According to the witness, as per his knowledge the police had recovered some dandas and other weapons used in the incident in the house of Kulvinder and has denied the suggestion that there was no recovery of any weapon of offence because no weapon had been used in the incident. The witness has also denied that there was no incident where kerosene and petrol was used and sprinkled on houses or that fire was put on them or that the fire had accidentally spread on account of storing of inflammable material like uplas (cow dung cakes) and thansras (dried sticks) in the houses. He has admitted that no site plan was made at his instance nor he had shown the spot of incident to the police.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 164 This witness has admitted that his father (PW39 Dhoop Singh) used to sell liquor in the village but has denied that he had been booked or arrested for sale of illicit liquor. He has also denied that he (witness) had been arrested by the police in a case of quarrel in the school and has voluntarily explained that there was an incident of quarrel wherein some of these boys belonging to the 'J' community who are also accused before this court were involved but he (witness) was inadvertently lifted by the police on mistaken identity as there was a boy of the same name involved in the said incident and therefore he was immediately left by the police. This witness has been specifically cross- examined on the incident when his brother Dilbagh had purchased a colour TV through the accused Jogal and states that since his brother Dilbagh has expired about four to five years ago he is not aware if his brother Dilbag had purchased the colour television through accused Jogal and has denied that after the death of his brother Dilbagh, Jogal had insisted upon the payment of the remaining installments of the TV due to which reason he (witness) has falsely implicated him.

Witness has denied the suggestion that he improved upon his earlier statement on tutoring of the prosecution only to improve the case. Witness has denied the suggestion that he has falsely implicated the accused Sonu S/o Dalbir, Pardeep S/o Jaiveer, Rajpal S/o Sheo Chand, Pawan S/o Hoshiayar Singh, Sandeep S/o Chander, Sanjay S/o Daya Nand, Dharambir @ Illa S/o Mahi Chand, Pawan S/o Ram Mehar, Daya Kishan S/o Ajeet, Balwan S/o Inder, Pardeep S/o Satbir, Rupesh S/o Tek Ram, Kuldeep S/o Balbir, Parveen S/o Jagdev, Sunil S/o Daya Nand, Jasbir S/o Raja Ram, Jitender S/o Satbir, Kulwinder S/o Ram Mehar, Sanjay S/o Amar Lal, Karam St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 165 Pal S/o Satbir, Pardeep S/o Balwan, Jagdish S/o Lehna Ram, Ajeet S/o Sukhbir, Kuldeep S/o Om Parkash, Sonu S/o Ramesh, Rishi S/o Satbir, Bobbal S/o Tek Ram, Joginder Singh S/o Inder Singh, Jugal S/o Hawa Singh, Ramphal S/o Prithvi, Roshan S/o Ram Swaroop, Manbir S/o Zile Singh, Deepak S/o Krishan, Satyawan S/o Rajender, Jagdish S/o Barru Ram, Sumeet S/o Satyawan, Tinku S/o Sewa Singh, Rajender S/o Pale, Pardeep S/o Suresh, Baljeet S/o Inder.

PW43 Dilbagh Singh aged 28 years is the son of Gulab Singh (PW48) and the brother of Sanjay (PW44). He was residing at village Mirchpur along with his family comprising of his wife and two children. At the time of incident he was employed at the brick kiln of Suresh (a member of 'B' community) as a daily wager but at the time of his deposition was staying at the Farm House of Ved Pal Tanwar at Hissar.

I may observe that though this witness has made a casual reference to the incident dated 19.4.2010 but it is evident from his testimony that he is not an eye witness to the said incident and was told of the same by his wife and therefore his testimony to the extent of incident dated 19.4.2010 is inadmissible in evidence being a hearsay. Further, the witness has turned partly hostile on the identity of the accused and does not support his statement made to the police under Section 161 Cr.P.C. which is Ex.PW43/PX1 to this extent wherein he had named the accused Rishi S/o Satbir, Pardeep S/o Balwan, Rupesh, S/o Tek Ram, Monu and Vikash both sons of Dr. Suresh, Illa S/o Mahi Chand, Sumeet and Amit both Sons of Satyawan, Ramesh S/o Karan Singh, Soni S/o Jai Veer, Sonu S/o Pappu, Pawan S/o Ram Mehar, Vipin S/o Partap, Jasbeer S/o Ishwar, Mahesha D/o Dalip, Rajender St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 166 S/o Sandhu,Jogender @Jogar S/o Inder Singh, Dharmvir S/o Tara Chand, Suresh S/o Balbir, Sunil S/o Daya Nand, Baljeet S/o Inder, Nanha @ Rajbir S/o Mahi Chand, Dharampal S/o Sandeep, Mandeep S/o Prema, Hathi S/o Baru Ram, Kuldeep and Jaiveer both sons of Balbir, Rajender S/o Belu Ram, Rajesh S/o Dhoppa, Daya S/o Jeet Singh, Ajeet S/o Sukhbir, Joginder S/o Bhim Singh, Roshan S/o Ram Swaroop, Dalbir S/o Dalip Singh, Rajes S/o Om Parkash, Baljeet S/o Inder Singh, Pardeep S/o Ramphal, Dinesh S/o Amar Lal, Deepak S/o Ajmer, Satish S/o Ajmer, Ajay S/o Sukhbir, Vijender S/o Hoshiyar Singh, Hoshiyar Singh S/o Mangal Singh, Ajeet S/o Dalip Singh, Kulwant S/o Chander Singh, Rajender S/o Dhoopa, Ram Mehar S/o Gulab Singh, Sukhbir S/o Manphool, Satyawan S/o Tara Chand, Jaiveer S/o Manphool, Surender S/o Jagdev, Balwan S/o Dharamvir, Dinesh S/o Prem Singh, Naresh S/o Prem Singh, Viren S/o Yashpal.

According to this witness, on 21.4.2010 at about 11-11:30 AM he was in the village when he saw that in the main gali a large number of persons from the 'J' community carrying stones, many of whom were dancing naked. He has deposed that these assailants started pelting stones towards the houses belonging to the 'B' community and started raising a hue and cry (shor sharaba) and surrounded the 'B' Mohalla from all the four sides after which they started burning the houses belonging to the members of 'B' community by hurling caste abuses saying jala do dheda ne (burn the dedhas) and thereafter they burnt about eighteen houses. The witness has also deposed that he along with his children and other persons from 'B' community had gathered in the middle of the mohalla to save themselves while his house which was towards the outer side was totally burnt in the said rioting. He has also St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 167 deposed that Tara Chand and his daughter Suman lost their lives when their house was burnt and he had seen two or three boys carrying the oil cans who came towards his house and set it on fire but he does not recollect their names though he can identify them by faces. He has further deposed that he did not receive any injuries but states he had received a compensation to the tune of Rs. One lac from the Government for the loss of his property.

Leading questions were put to the witness by Ld. Special Prosecutor for victims with the permission of the court after which the witness admitted having told the police about the incident dated 19.4.2010 and states that he remembered that Rajpal and Bobal @ Langra, were present at the spot. In this regard I may observe that the statement of this witness with regard to the incident dated 19.4.2010 being a hearsay is inadmissible in evidence and the fact that he later saw Rajpal and Bobal @ Langra at the spot does not incriminate the said accused qua the incident dated 19.4.2010. After the witness was permitted to refresh his memory from his earlier statement made to the police under Section 161 Cr.P.C which is Ex.PW43/PX1 he admitted having mentioned the names of Rajender S/o Pale, Kulwinder S/o Ram Mehar, Rajpal S/o Sheo Chand, Bobal @ Langra, S/o Tek Chand, Karam Veer @ Gagar S/o Tara Chand (who was throwing stones from the roofs), Ramphal S/o Prithvi but denied having given the names of Rishi S/o Satbir, Pardeep S/o Balwan, Rupesh, S/o Tek Ram, Monu and Vikash both sons of Dr. Suresh, Illa S/o Mahi Chand, Sumeet and Amit both Sons of Satyawan, Ramesh S/o Karan Singh, Soni S/o Jai Veer, Sonu S/o Pappu, Pawan S/o Ram Mehar, Vipin S/o Partap, Jasbeer S/o Ishwar, Mahesha D/o Dalip, Rajender S/o Sandhu,Jogender St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 168 @Jogar S/o Inder Singh, Dharmvir S/o Tara Chand, Suresh S/o Balbir, Sunil S/o Daya Nand, Baljeet S/o Inder, Nanha @ Rajbir S/o Mahi Chand, Dharampal S/o Sandeep, Mandeep S/o Prema, Hathi S/o Baru Ram, Kuldeep and Jaiveer both sons of Balbir, Rajender S/o Belu Ram, Rajesh S/o Dhoppa, Daya S/o Jeet Singh, Ajeet S/o Sukhbir, Joginder S/o Bhim Singh, Roshan S/o Ram Swaroop, Dalbir S/o Dalip Singh, Rajes S/o Om Parkash, Baljeet S/o Inder Singh, Pardeep S/o Ramphal, Dinesh S/o Amar Lal, Deepak S/o Ajmer, Satish S/o Ajmer, Ajay S/o Sukhbir, Vijender S/o Hoshiyar Singh, Hoshiyar Singh S/o Mangal Singh, Ajeet S/o Dalip Singh, Kulwant S/o Chander Singh, Rajender S/o Dhoopa, Ram Mehar S/o Gulab Singh, Sukhbir S/o Manphool, Satyawan S/o Tara Chand, Jaiveer S/o Manphool, Surender S/o Jagdev, Balwan S/o Dharamvir, Dinesh S/o Prem Singh, Naresh S/o Prem Singh and Viren S/o Yashpal. The witness however admitted that he had given the names of Rajender S/o Pale and Pardeep S/o Balwan who had come to his house and sprinkled kerosene oil and set it on fire and Rishi and Kulwinder set his house on fire. He has deposed that he had not pointed out the boys to the police officers who had indulged into arson rioting and burning of houses when his statement was recorded on 21.04.2010 and states that he had forgotten the names of many of the boys which he gave to the police but states that he could identify them by faces. Thereafter the accused were specifically put to the witness and he identified the accused Karamvir S/o Tara Chand, as the person who was indulging into stone pelting; accused Rajpal S/o Sheo Chand both by name and by pointing out as the boy who had broken the door of his house and set it on fire; accused Kulwinder S/o Shri Ram Mehar by name and by pointing out as the person who was quarreling and was St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 169 indulging into stone pelting; accused Rishi S/o Satbir as the person who had beaten and hit his father (Gulaba Chowkidar) with the lathies; accused Rajender S/o Pale both by name and by pointing out towards him as the person who along with Rishi had hit his father (Gulaba Chowkidar) with a lathi and accused Ramphal S/o Prithvi by pointing out towards him as the boy who was setting the houses on fire and had followed him on the roof with a gandase. Here, I may observe that at the time when Gulab Singh (Gulaba Chowkidar) was allegedly beaten by Rajender S/o Pale and Ram Phal S/o Prithvi the present witness Dilbagh was not present, a fact which is evident from the testimony of Gulab Singh (PW48) and therefore the testimony of this witness to the extent of identification of Rajender S/o Pale and Ram Phal S/o Prithvi is inadmissible.

In his cross-examination by the Ld. Defence counsel the witness has deposed that he used to leave for his work at the brick kiln at about 4 AM and return home by 6 PM which brick kiln /bhatta is about one kilometer away from the village. According to him, on the date of the incident that on 21.04.2010 he had not gone for work. He has deposed that the place where he and his family had gone to save their lives is in the middle of the 'B' Mohalla and is about one qilla away from the main gali. He has admitted that there were a number of houses between the main gali and the place where they had gone to save themselves and has explained that he had gone from the back gali. He has further admitted that the main gali is not visible from the place in the middle of the 'B' Mohalla where he had gone but has denied that he gave the names in his statement on the asking of the other persons. According to this witness he had climbed on the roof of the house where he had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 170 gone to save himself from where every thing was visible. He has also deposed that this house from where he was seeing the incident is a two storied house and at a distance of about one qilla from the main gali and there are no double storied houses between the said house and the main gali and has explained that all the houses in between are of the ground floor or single storied. He has admitted that the house of Basau is also double storied but states it is on the side and has denied the suggestion that the house of Chander is three storied or that there are other houses which are two or three storied and has explained that there were only three houses which were two storied and none of the houses in the village are three storied. PW43 has admitted that the house of Nawab is also double storied but has denied the suggestion that the houses of Basau, Chander and Nawab fall between the main gali and the house from where he was seeing the incident and has explained that all these houses are situated in another gali towards the side. The witness has further deposed that on 21.04.2010 the stone pelting continued for about one and a half hour and has admitted that the stone pelting was between the members of 'J' and 'B' communities but has stated that the members of the 'J' community had started pelting the stones first. He has however denied that stone pelting resulted because the boys belonging to the 'B' community had first caused beating to Rajender S/o Pale and Karampal S/o Satbir who were coming from their fields in the morning on their boogie through the main gali or that this beating had been given because Rajender could not distribute milk in the village which milk he used to get from Lakshay Dairy. He has however admitted that when he was interrogated by the police he did not give the specific roles which he has now attributed to them in the Court and has also stated that he had never St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 171 been called to the village or to the police station or to the court or to the jail to identify the accused after their arrest. The witness has also admitted that none of the accused were arrested in his presence but has denied that he had wrongly and falsely named Rajender S/o Pale, Kulwinder S/o Ram Mehar, Rajpal S/o Sheo Chand, Bobal @ Langra, S/o Tek Chand, Karam Veer @ Gagar S/o Tara Chand, Ramphal S/o Prithvi or that these boys were not present at the spot. He has further denied that he has wrongly identified Karamvir S/o Tara Chand, Rajpal S/o Seho Chand, Kulwinder S/o Ram Mehar, Rishi S/o Satbir, Rajender S/o Pale and Ramphal S/o Prithvi in the court on asking of the prosecution and tutoring or that he has falsely stated that Rajender S/o Pale and Pardeep S/o Balwan who had come to his house and sprinkled kerosene oil and set it on fire and Rishi and Kulwinder set his house on fire. He has further denied that his father (Gulab Singh) did not receive any injuries or that his medical was conducted only to secure a compensation or that the fire caused to his house was accidental on account of storage of inflammable material in the house in the form of cow dung cakes and dried sticks. The witness has denied that he had been tutored by advocates while he was at Lampur before this deposition in the court or at Ved Pal Tanwar Farm House on account of political motives.

I may further observe that this witness was recalled suo moto by the Court and examined on the aspect of the statement made by him before Hon'ble Justice Mr. Iqbal Singh (retired) Inquiry Commission, Mirchpur, Haryana wherein he admitted having appeared before Justice Iqbal Singh (retired) Inquiry Commission, Mirchpur on 21.1.2011 and his examination as VW-28 which statement is bearing his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 172 thumb impressions at point A which he identified. After the court read over his deposition made by the witness before the Commission on 21.1.2011 in vernacular he admitted a part of this statement. Initially the witness stated that he did not depose before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana that on 19.4.2010 he was not present in the village and returned in the evening of 20.4.2010 and also did not tell the commission that he had not seen anybody putting the fire on the houses and the house of Tara Chand was 400 yards away from where he was present or that he was 400 Yards away from his house when his house was burnt and states that he also did not tell the Commission that he does not know the total number of houses in the village or that there were 150 houses belonging to the members of 'B' community or that nobody assaulted him nor he assaulted anybody and that no complaint was lodged by him against any person nor any complaint was lodged against him but on being confronted by his statement made before the Hon'ble Commission which is Ex.DW30/C where it was found that the witness had mentioned all these things which he was now denying in the court, he thereafter admitted the same and has explained that he was not given proper opportunity before the Inquiry Commission and though he wanted to explain and give the names but in the while the proceedings had been wound up for the day.

PW44 Sanjay aged 29 years is the son of Gulab Singh (PW48) and the brother of Dilbagh (PW43) was residing in village Mirchpur along with his family comprises of his wife and four children i.e. two sons and two daughters but at the time of his examination was residing at Ved Pal Tanwar Farm House at Hissar. He is a daily wages labour and is totally illiterate and before the incident was working with St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 173 the persons from the 'J' community as a Mason.

Though this witness has deposed about the incident date 19.4.2010 but perusal of his testimony shows that he is not a witness to this incident but in his cross-examination he has testified that he came to know about it in the evening from the villagers. Therefore under these circumstances the testimony of Sanjay is inadmissible in so far as the incident dated 19.4.2010 is concerned being a hearsay.

According to the witness on 20.04.2010 there was a meeting amongst the persons from the 'J' community in the village and they decided that they would do mar pitai with the members of 'B' community. Thereafter on 21.04.2010 at about 9 AM he had gone for doing some work in the house of one Brahmin in the village and while he was still working there, he came to know that his father Gulab Singh had been injured. On receipt of this information he immediately came back to his house which is situated in the 'B' Basti towards the kacchi sarak where he saw his father lying on a khat/charpai and he had been beaten on his arms, knees and back with lathies and he could see the injuries. Outside there was a lot of hue and cry (halla) in the main gali where a large number of persons from the 'J' community numbering about three hundred to four hundred were standing in groups and were shouting "maro, jala do," (beat, burn them). He has deposed that these persons were abusing using names of maa and bebe and they came from the front side and started pelting stones and burning houses belonging to the members of 'B' community and about eighteen to nineteen houses belonging to the members of 'B' community were burnt by them. He has further deposed that his small children were inside his house at the time when his house was set on fire and were hiding under the bed when the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 174 house was set on fire and when the rioters went away after setting his house fire they ran out to save themselves. Witness has further deposed that he came to know that Tara Chand and his daughter Suman both lost their lives when their house were set on fire and the police came after about two hours. According to the witness, he had seen a large number of the assailants who were also indulging into rioting, arson, looting and beating whom he can identify by faces and states that he remembers having seen Rajender S/o Pale, Bobal and Ramphal. Witness has further deposed that his wife had sustained injuries in the stone pelting but her medical had not conducted since they were very much perplexed at the time of the incident. He has stated that he received a compensation to the tune of Rs. One lac twelve thousand for the damage caused to his property caused on account of the fire. He has also deposed that when the rioters set his house on fire he was standing outside his house and he could identify Rajender and Bobal amongst others whose he can identify after seeing their faces.

On the leading questions put to him by Ld. Special Prosecutor for the victims after due permission from the court, the witness has admitted that on 21.04.2010 the police had come to the village and interrogated him and also recorded his statement wherein he had given the names of large number of boys whom he had seen and also recognized as assailants during the incident. He has admitted that he told the police in his statement Ex.PW44/PX1 that Rajender, S/o Pale, Rishi S/o Satbir, Kulwinder S/o Ram Mehar, Monu S/o Dr. Suresh, Vikas S/o Dr. Suresh, Illa S/o Mahi Chand, Ramphal @ Petla S/o Prithvi along with other boys of the 'J' community had come to 'B' Basti and indulged into stone pelting and caused injuries to the large number of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 175 persons from the 'B' community and set a lot of houses on fire after damaging the property and thereafter burnt the house of Tara Chand but has stated that he does not recollect if he had given the names of Pardeep S/o Balwan, Nanha S/o Mahi Chand, Dalbeer S/o Dalip, Hoshiyar S/o Mangal, Satyawan S/o Tara Chand, Rajender S/o Dhupe, Jaiveer S/o Manphool, Ajeet S/o Sukhbir, Ram Mehar S/o Gulab, Roshan S/o Ram Swaroop, Deepak S/o Ajmer, Dinesh S/o Amar Lal, Satish S/o Ajmer, Kulwant S/o Chander Singh, Viren S/o Yashpal, Krishan S/o Karan Singh, Naresh S/o Prem Singh, Ajeet S/o Dalip, Rupesh S/o Tek Ram, Ghagar S/o Tara Chand and Karampal S/o Satbir. Witness Sanjay has also admitted having told the police that Karampal S/o Satbir, Nanha S/o Mahi Chand and Baljeet S/o Inder had sprinkled oil on his house while Rupesh S/o Tek Ram, Pardeep S/o Balwan, Ghagar S/o Tara Chand and Ramphal S/o Prithvi had set his house on fire with a match stick and has voluntarily explained that since the incident was more than one year old therefore he had forgotten the names which he had given to the police. After the accused were put to the witness one by one he correctly identified accused Dharambir @ Illa S/o Mahi Chand by pointing out and by name as the person who was indulging into stone pelting and beating by dandas; accused Rishi S/o Satbir both by name and by pointing out as the person who was indulging into stone pelting and beating with dandas; accused Kulwinder by pointing out towards him as the son of Ram Mehar as the person who was carrying a oil can and sprinkling oil on his house; accused Ram Phal S/o Prithvi Singh both by name and by pointing out towards him as the person who was sprinkling oil and was setting his house on fire; accused Pardeep by calling him son of Satbir by pointing out as the person who was carrying St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 176 the gandase and had damaged his container of anaj/grains with the same and the accused Dalbir @ Bobbal S/o Tek Ram by pointing out and by name as the person who was the root cause of all the dispute and had damaged his property inside the house and thereafter set the house on fire. Initially he was unable to identify Rajender S/o Pale and Monu S/o Dr. Suresh despite the fact that the accused Rajender and Monu were specifically put to him but when shown to him again, he then identified Rajender S/o Pale both by name and by pointing out towards him as the person who had set his house and other houses on fire and had also beaten his father and also accused Monu S/o Dr. Suresh both by name and by pointing out towards him as the boy who was indulging into stone pelting and had has jellies in his hand and was indulging into rioting and arson.

Witness Sanjay has also deposed that his wife is handicapped and is running a shop of ladies items and he destroyed the entire shop.

During his cross examination by Ld. Defence counsels the witness has deposed that on the date of incident i.e. 21.04.2010 he was doing the work of mason/chennai at the house of Sadhu Brahmin whose house is on the main road that is approximately about one kilometer from the main gali. He has however denied that the house of Sadhu is about one and a half to two kilometers from the main gali. According to the witness, he was working as a labour/ mazdoor and had left his house in the morning at about 7-7:30 AM but explains that he had received this information regarding his father at about 9-9:30 AM and reached his house within ten to fifteen minutes where he found his father lying on a cot out side the house which was at a distance of hardly ten feet from his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 177 house. He admits that he did not take his father to the hospital immediately and has explained that they had given him home treatment by mixing turmeric powder in milk. According to him, police was already present in the village when the "jhagra"/ dispute was going on and at that time there were hardly fifteen to twenty police personnel's in the village and after the incident when most of the houses had been burnt more police force that is about fifty to sixty police personnel's came. He does not recollect who had informed him about his father's injury but says that it was some body from the village who had come and given him the information when he rushed home. He has denied the suggestion that the entire incident of arson, looting and setting the houses on fire had already been completed by the time he reached back home to attend to his father.

Further, in his cross-examination this witness when asked whether he had told the police that on 20.04.2010 there was a meeting amongst the persons from the 'J' community in the village and they decided that they would do mar pitai with the members of 'B' community, admitted having told the police of the same but when confronted with his statement Ex.PW44/PX1 this fact was not found to be so mentioned. He was also asked whether he had told the police that on 21.04.2010 at about 9 AM he had gone for doing some work in the house of one Brahmin of the village and while he was still working, he came to know that his father Gulab Singh was injured and he had also told them that on receipt of this information he immediately came to his house which is situated in the 'B' Basti towards the kacchi sarak and he saw his father lying on a khat/charpai as he had been beaten on his arms, knees and back with lathies and he could see the injuries on which he St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 178 admitted having told the police of the same. However, when confronted with his statement Ex.PW44/PX1 these facts were not found so mentioned.

He has further admitted having told the police that there was a lot of hue and cry in the main gali where a large number of persons from the 'J' community numbering about three hundred to four hundred were standing in groups and were shouting "maro, jalo do," (beat, burn them) they were abusing using names of maa and bebe; that these boys came from the front side and started pelting stones and burning houses belonging to the members of 'B' community and about 18-19 houses belonging to the members of 'B' community were burnt by them; that his small children were inside his house at the time his house was set on fire and they were hiding under the bed when the house was set on fire and after the rioters went away on setting fire to the house they ran out to save themselves and that his wife was handicapped and was running a small shop of ladies items which was damaged and burnt by the assailants. However, when confronted with his statement Ex.PW44/PX1 wherein these facts were not found to be so recorded in the detailed manner as deposed by the witness in the court.

Further, in his cross-examination the witness Sanjay has stated that the stone pelting occurred between the persons of the 'J' community and the 'B' community which continued for about two and a half to three hours and has explained that it was the persons belonging to 'J' community who had started the aggression while the members of the 'B' community only retaliated. Witness has denied the suggestion that the stone pelting and dispute arose when the boys belonging to the 'B' community stopped Rajender S/o Pale and Karam Pal S/o Satbir and beat St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 179 them up when they were going to their fields in the morning on 21.04.2010 because Rajender could not distribute milk in the village on 20.04.2010 and states that there was no such incident. He has denied the suggestion that none of the accused named by him in the court had gone near the 'B' Basti or that the members of the 'B' community were the first aggressors and it was only to create a defence that a few mischievous boys from the 'B' community set the kaccha houses of the members of 'B' community on fire which fire then spread and could not be controlled. Witness has denied the suggestion that he was not present at the time of the incident since he was away to his work and he did not witnesses the incident himself. Witness admits that he was never called by the police after the arrest of the accused to identify them either at the police station or the court or the jail but has denied that Rajender, S/o Pale, Rishi S/o Satbir, Kulwinder S/o Ram Mehar, Monu S/o Dr. Suresh, Dharambir @Illa S/o Mahi Chand, Ramphal @ Petla S/o Prithvi, Dalbir @ Bobal S/o Tek Ram, KaramPal S/o Satbir, Nanha S/o Mahi Chand, Baljeet S/o Inder, Rupesh S/o Tek Ram, Pardeep S/o Balwan and Gagar S/o Tara Chand have been named by him at the instance and tutoring of Ved Pal Tanwar at the Tanwar Farm House where he is staying and also by the Prosecutors at Lampur where he was housed before his deposition. According to the witness his father Gulab Singh was taken to the hospital by the ambulance first at Narnaund and then at Hissar hospital for treatment by the police but he did not accompany him. Witness has denied the suggestion that since he was not present at the spot and so he did not accompany his father. He has further deposed that he had informed the police about the roles of the various assailants whom he had identified as deposed by him and has denied the suggestion St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 180 that no such details were given by him as he was not an witness to the incident.

This witness was also suo moto recalled by the Court for further/ additional examination on the aspect of affidavit filed by him and the statement made by him before Hon'ble Justice Mr. Iqbal Singh (retired) Inquiry Commission, Mirchpur, Haryana wherein he admitted having gone to Hissar to depose before Hon'ble Justice Mr. Iqbal Singh (retired) Inquiry Commission, Mirchpur, Haryana. He also admitted his affidavit Ex.DW30/A bearing his signatures at point A1 and A2 and his statement/deposition Ex.DW30/B bearing his signatures at point B1. When the contents of the affidavit Ex.DW30/A was read over he admitted that he had stated in his affidavit that in his affidavit he has stated that Mrs. Sarita Devi, NGOs of Hon'ble Supreme Court and some NGO's had come to their village and were trying to put undue influence on the members of the 'B' community by offering them money and other considerations for their own interest for reasons best known to them but denies having mentioned that all differences have come to an end and there was no tension between both the communities nor any fear of life and liberty of any person in the village or that there was total peace and tranquility in the village and they had started living together. However when confronted with para 5 of his affidavit Ex.DW30/A from point X to X1 this fact had been so mentioned. He was also confronted with his statement Ex.DW30/B and I may observe that he only admitted a part of his statement made before the Hon'ble Commission of Inquiry. He further admitted having told the Commission that he had received Rs. One lac twelve thousand as compensation and also wheat and that District Administration had provided them interim relief and that his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 181 household articles worth Rs. Two lacs have damaged when the expert committee had visited the village to assess the loss. He has further deposed what so ever he had deposed before this court was the same as what he had told Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana and has denied that whatever he had stated before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana is different to his deposition before this court and after being told that his statement before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana was different, he stated that he was under pressure from persons from his own community due to which reason he made a wrong statement before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana.

PW45 Manoj aged 27 years is the son of Mahender and at the time of incident was residing at village Mirchpur along with his family comprises of his mother, two brothers, his wife and three children that is one son and two daughters. He is a mason by profession and before the incident was working on daily wages. At the time of his deposition he was residing at Ved Pal Tanwar Farm House at Hissar.

At the very outset I may observe that in so far as the incident dated 19.4.2010 is concerned, this witness has in his testimony made a reference with regard to the same but when examined in detail, he has explained that he only witnessed the incident when Veer Bhan and Karan Singh were injured and he came out of his house which is in front of the house of Karan Singh and was told about the incident. This proves that at the time when the actual incident regarding the quarrel between the 'J' boys and the nephew of Karan Singh took place the witness was not present in view of which the deposition of this witness on the aspect St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 182 of the incident of quarrel dated 19.4.2010 and what transpired in front of the house of Karan Singh is inadmissible in evidence since this witness came to know of the incident only after Veer Bhan and Karan Singh were injured and they told him what had happened. However, Karan Singh (DW13) himself not having supported the version given by this witness and Veer Bhan being dropped by the prosecution, his testimony with regard to the initial incident is inadmissible in evidence.

According to the witness on 20.04.2010 the panchyat of the village had intervened and tried to settle the disputes. However, on 21.04.2010 at about 10AM around two hundred fifty to three hundred boys belonging to the 'J' community duly armed with jellies and gandases came to their ('B') Basti in the main gali and started pelting stones and there was a hue and cry (rolla danga) and then stone pelting (patharbaji) which continued for a long time. The witness has further deposed that there was also a physical altercation (mar pitai) after which the assailants started burning houses while twenty to twenty five policemen from Haryana Police were standing there. According to him, first his house was burnt by these boys of the 'J' community amongst whom he saw Rajender S/o Pale, Satyawan and his son and one more boy whose name he is unable tell but whom he could recognize, who all had come and sprinkled kerosene oil on his house and burnt the same. The witness has further deposed that his children were still inside the house at that time but they manage to escape and fled towards the basti. According to him, the assailants thereafter burnt the houses of Satyawan, his brother Rajender, Suresh, Sube Singh, Tara Chand, Mahender, Gulaba, Dilbagh, Sanjay, Chander, Ramphal, Pappu, Jagpal @ Pale, Kuldeep S/o Raja Ram, Dhoopa and Sanjay S/o Bane Singh all 'B' and a St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 183 large number of persons from the 'B' community also received injuries in the stone pelting whereas Tara Chand and his daughter Suman lost their lives when their houses were burnt. He has also deposed that their properties were damaged and looted but many of the assailants managed to escape by going towards the middle of the basti. He has deposed that apart from the above boys whom he had seen at his house he had also seen Kulwinder, Pawan, Daya, Jogal, amongst many other boys whom he could identify by faces whose names he could not recollect. He has also deposed that he did not receive any injury but he had received compensation for a sum of Rs. One lac from the Government for damage to his property. According to him, the stone pelting, arson and looting continued till about 1:00 PM and when the police came thereafter in two to three buses many of the houses had already got burnt down but they started apprehending the assailants though a large number of boys fled the village. Witness has proved that the police had also come to him and made inquiries when he gave them the details of whatever damage had been done to his property and states that he also got his statement recorded on the same day of the incident (21.04.2010) but was never called thereafter for any inquiry.

With the permission of the court leading questions were put by Ld. Special Public Prosecutor on which the witness admitted his statement dated 21.04.2010 which is Ex.PW45/PX1 but was not very sure if his statement Ex.PW45/PX2 was also recorded on 27.06.2010 and has voluntarily added that so far as he recollects he was only interrogated on 27.06.2010 on the aspect of the damage to the motorcycle belonging to his brother-in-law and the persons responsible for the same but he is not sure whether he has stated was also recorded.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 184 He has admitted having mentioned to the Investigating Officer that on 19.04.2010 it was Rajender S/o Pale who was passing through the main gali who had a dispute with the son of Karan Singh and also admits having told the police that Bobal @ Langra, S/o Tek Ram, Ramphal S/o Prithvi, Daya S/o Jeet Singh, Satyawan S/o Tara Chand, had come armed with lathies, to the 'B' Basti and indulged into stone throwing and causing injuries to the persons from the 'B' community with lathies but has denied having told the police that Rajender S/o Sandhu, Jogender S/o Bhim Singh, Ghagar S/o Tara Chand, Dharamvir S/o Tara Chand, Suresh S/o Dalbir, Sunil S/o Daya Nand, Baljeet S/o Inder, Nanha S/o Mahi Chand, Karampal S/o Satbir, Mandeep S/o Prema, Hathi S/o Baru Ram, Kuldeep and Jaiveer both sons of Balbir, Rajender S/o Bellu Ram, Rajesh S/o Dhupa, Ajeet S/o Sukhbir, Ajay S/o Sukhbir, Vijender S/o Hoshiyar Singh, Hoshiyar Singh S/o Mangal, Ajeet S/o Dalip Singh, Kulwant S/o Prem Chand Singh, Rajender S/o Dhupa, Ram Mehar S/o Gulab Singh, Sukhbir S/o Manphool, Jaiveer S/o Manphool, Surender S/o Jagdev, Balwan S/o Dharamvir, Dinesh S/o Prem Singh, Naresh S/o Prem Singh, Viren S/o Yashpal also accompanied them. He has further admitted having told the police that Rajender and Bobal @ Langra had sprinkled kerosene oil on his house but has denied having told the Investigating Officer that Jogender was also with them while they were sprinkling kerosene oil or that thereafter Karam Veer and Suresh had set his house on fire with a match stick. He has also denied having told the police on 27.06.2010 vide Ex.PW45/PX2 that Rajesh S/o Dhoopa had come to his house along with Sumeet S/o Satta and fifty to hundred persons including ladies and looted his house and has voluntarily added that he had only given the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 185 name of Sumeet S/o Satta who had come to his house. He has further admitted having told the police that it was Sumeet S/o Satta and Satta S/o Karan Singh who had set the motorcycle belonging to Sunil S/o Brij Bhan (a members of the 'B' community) who is his brother-in-law on fire but has denied having named Rajpal S/o Sheo Chand as the person who had burnt the motorcycle. He has also denied having shown the assailants to the police in the village after his statement was recorded and has explained that he had only given the names which he remembered. He has denied the suggestion that since he is not remembering the remaining names he is unable to give their names in the court due to lapse of time. This witness has also identified the burnt motorcycle which is Ex.P-1 and its photographs which are Ex.PW3/A64, Ex.PW3/A106 and Ex.PW3/A107 which photographs and motorcycle are not disputed by the Ld. Counsel fro the accused. After the accused were put to the witness one by one he could only identify the accused Amit S/o Satyawan as the person who was indulging into arson and burning of houses; accused Sumeet S/o Satyawan as the person who had set his house on fire; accused Kulwinder S/o Ram Mehar as the person who broke the door of his house and entered the same and damaged his property and conducted robbery (loot mar); accused Ramphal S/o Prithvi as the person who had set his house on fire and also broke the motorcycle of his brother-in-law and burnt the same; accused Dharamvir @ Bobal S/o Tek Ram as the person who was present along with the other boys when his house was set on fire; accused Pawan S/o Ram Mehar as the person who is his neighbour who was present at the spot but did not stop the others from his setting his house on fire and has stated that it was Pawan who sprinkled kerosene oil St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 186 on his house. He has also identified the accused Satyawan S/o Karan Singh as the person who was having a gandase in his hand and damaged his trunks (petties), almirahs and other property; accused Daya S/o Ajeet as the person who was present along with the other to set his house on fire and accused Rajender S/o Pale as the main accused at whose instance the entire incident had taken place and states that it was Rajender who was in front of the crowd and leading them while others were following him while the houses were being set on fire. Thereafter when the accused were again put to the witness one by one he identified accused Rishi S/o Satbir, Dalbir S/o Tara Chand, Satish S/o Randhir Singh, Pawan S/o Rajbir, Deepak S/o Krishan Kumar, Baljeet S/o Inder, Karamvir S/o Tara Chand, Pardeep S/o Suresh, Pardeep S/o Satbir, Kuldeep S/o Om Parkash, Roshan S/o Ram Swaroop, Jugal S/o Hawa Singh, Sanjay S/o Daya Nand, Karampal S/o Satbir by pointing out towards them and not by name as the boys who were a part of the crowd indulging into stone pelting, arson and burning of other houses in the 'B' Basti.

In his cross-examination by Ld. Defence counsels the witness has admitted that his in-laws stay at village Rodal Tehsil Narwana district Jind but has denied the suggestion that he had gone to his in-laws house on 19.04.2010 and has voluntarily added that he had gone to his in-laws house after the incident dated 21.04.2010. He has also denied the suggestion that it was on 21.4.2010 that he came back from his in-law's house at district Jind where his brother in law Sunil is a daily wages labour and has further denied that he had come back to his village on motorcycle of his brother in law and it is for this reason that when the rioting took place the motorcycle was present at his house and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 187 has denied the suggestion that he had come back with his brother in law on his motorcycle on 21.04.2010 and is not an eye witness to the incident dated 19.4.2010 and has voluntarily added that he was already present in his house on 21.4.2010 when his brother in law had come. According to the witness, he had given the names of Rishi S/o Satbir, Dalbir S/o Tara Chand, Satish S/o Randhir Singh, Pawan S/o Rajbir, Deepak S/o Krishan Kumar, Baljeet S/o Inder, Karamvir S/o Tara Chand, Pardeep S/o Suresh, Pardeep S/o Satbir, Kuldeep S/o Om Parkash, Roshan S/o Ram Swaroop, Jugal S/o Hawa Singh, Sanjay S/o Daya Nand, Karampal S/o Satbir whom he has now identified in the court and the only explanation given by him in this regard is that he was never called by the police to the police station or the court or to jail for purposes of identifying the accused after their arrest. He has also admitted that even on 27.06.2010 he was not asked to identify the other boys involved in the incident whom he has identified in the court. The witness has further stated that even he did not ask the police if they had arrested or apprehended some assailants or that they should show the accused to him and has voluntarily added that on 27.06.2010 he only told them about the incident connected with burning of the motorcycle. According to the witness he had gone to his in-laws house after two to three days of the incident where he stayed and returned to the village only after three to four months. He has further deposed that his mother and younger brother had gone to his sister's house. He has admitted that during this two to three days of his stay in the village after the incident a large number of police officers were present but he did not tell the senior police officers or any other officers that he could identify the other assailants whose names he had not given in his statement made to them St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 188 on 21.4.2010. Witness has denied the suggestion that on 20.04.2010 Rajender S/o Pale who used to distribute milk in the village could not distribute the same in the 'B' Basti and the boys from the 'B' community being aggrieved by the same stopped Rajender and Karam Pal on 21.04.2010 while they were passing through the main gali in the morning for going to the fields or that Rajender and Karam Pal were beaten by the boys belonging to 'B' community and the matters got aggravated as a result of which there was stone pelting from both the sides. Witness has further denied the suggestion that some mischievous persons from the 'B' community taking advantage of the situation set the kacha houses of some of the members of 'B' community on fire where they had stored inflammable material like cow dung cakes (uplas) and dried sticks (thansras) which fire then spread to the neighbouring houses. Witness has further denied the suggestion that he has been tutored by Ved Pal Tanwar and the prosecution into taking the names of the accused whom he has now named in the court who have no concern either with the incident or with the burning of his house. He has also denied that the accused as named and identified in the court did not come to the place of the incident armed with jellies, gandases, stones, kerosene oil nor they had any concern with the rioting/arson, stone pelting which happened in the village. The witness has admitted that none of the accused apprehended by police on 21.04.2010.

PW46 Rajesh aged 30 years son of Dalipa @ Bhambu is a resident of village Mirchpur and is a daily wager. His family comprises of his wife and one son. I may observe that this witness has not supported the case of the prosecution on the aspect of incident dated 19.4.2010 and says that he came to know about it later. He further states St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 189 that he came to know later from the village that there was a meeting of the persons from the 'J' community on 20.4.2010 and therefore his deposition being on the basis of hearsay is inadmissible in evidence. Further, in respect of the incident dated 21.4.2010 he has admitted having made a statement to the Investigating Officer under Section 161 Cr.P.C. Ex.PW46/PX1 but has turned hostile on the identity of the accused except the accused Ramphal and Rajender S/o Pale.

According to the witness, on 21.4.2010 he was in the fields when his wife who had came with food for him told him about the dispute (jhagra) which was happening in the village and on coming to know of it he came back to the village where he found that there was fire to a number of houses and damage (thor phor) had taken place. He also found persons from the 'J' community numbering about 500-600 carrying bricks, gandases, jellies pelting stones on the houses of the members of 'B' community and setting them on fire. On seeing this he climbed the roof of the house of Veer Bhan to save himself from where he saw the aggressors. According to him, he could see Ramphal and the son of Pale (accused Rajender) from the roof but could not identify the other boys. He has deposed that on seeing this he rushed to his house where his paralytic mother who is partially blind was lying and saw that damage (tora phori) had been done at his house and his mother informed him that the aggressors were trying to enter the house after breaking the gate but she pleaded to them and therefore the boys spared the house from burning but committed damage (tora phori). The witness has further deposed that the police came at about 12 to 1 noon and by that time the aggressors had run away but made inquiries from him on which he had given his statement. He has also deposed that he received a brick St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 190 injury on his foot and his medical examination was conduct after about five to six days. He has stated that the houses of Mahender, Rajender, Manoj, Tara, Gulaba, Sanjay, Pale and Dhoopa were burnt wherein Tara and his daughter Suman were burnt to death and the properties were destroyed in the fire.

According to the witness, he does not remember what statement he had given to the police since it is more than one year old incident therefore he was permitted to refresh his memory after which the Special Public Prosecutor for the victims was permitted by the court to put leading questions to him wherein he stated that he is not sure if his statement was also recorded on 26.4.2010 but admits his statement dated 21.04.2010 which is Ex.PW46/PX1. He has admitted having told the police in his statement dated 21.4.2010 regarding the incident dated 19.4.2010 and also that he told the police the name of Rajender S/o Pale. He has however denied having given the names of Rishi S/o Satbir, Pardep S/o Balwan, Kulwinder S/o Ram Mehar, Rupesh S/o Tek Ram, Monu and Vikas both sons of Dr. Suresh, Rajpal S/o Sheo Chand, Illa S/o Mahi Chand, Sumeet and Amit both sons of Satyawan, Ramesh S/o Karan Singh, Soni S/o Jai Veer, Sonu S/o Pappu, Pawan S/o Ram Mehar, Vipin S/o Partap, Jasbeer S/o Ishwar, Mahesha S/o Dalipa, Rajender S/o Sandhu, Jogender S/o Bhim Singh, Roshan S/o Ram swaroop, Dalbir S/o Dalip Singh, Rajesh S/o Om Parkash, Balwan S/o Inder Singh, Pardeep S/o Ram Phal, Dinesh S/o Aamar Lal, Deepak and Satish both S/o Ajmer, Ajay S/o Sukhbir, Bijender S/o Hoshiyar Singh, Hoshiyar Singh S/o Mangla, Dalbir, S/o Dalip, Jaiveer S/o Manphool, Surender S/o Jagde, Balwan S/o Dharamvir and has also denied having told the Investigating Officer that Dalbir S/o Dalip, Jaiveer S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 191 Manphool, Surender S/o Jagdev, Balwan S/o Dharamvir and other boys belonging to the 'J' community got together and entered his house and damaged his property. He has also denied having told the police on 26.04.2010 that he had given the names of Ram Mehar S/o Gulab and Dinesh S/o Amar Lal by mistake as the persons who had come to his house to set it on fire. He has been declared hostile only on the aspect of identity of the accused mentioned in the statement Ex.PW46/PX1 and has denied being present in the village when his house was burnt and having personally seen the accused whose names have been mentioned in Ex.PW46/PX1 and has denied that he has been won over by the accused and their families for which reason he is not giving their names or identifying them. He has further deposed that he cannot identify any of the accused even if they are shown to him since there was a big crowd and a lot of hue and cry (rolla).

In his cross examination by Ld. Defence counsels, he has denied the suggestion that he was not present in the village at the time of the incident dated 21.4.2010 as he was working in the fields and came to know about the incident only in the evening. Witness has denied the suggestion that since he was not present in the village he never received any injuries nor his medical examination was conducted despite the fact that the medical team was present in the village. He has also denied the suggestion that he did not suffer any physical injury or damage to the property and it is for this reason that he was not given any compensation. He has denied having taken the name of Rajender and Ramphal on the basis of hearsay as told to him by the villagers.

PW47 Satyawan aged 32 years is the son of Roshan Lal and was a resident of village Mirchpur at the time of the incident. He St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 192 was a daily wager working in the fields of persons from the 'J' community and on the date of his deposition was staying at Ved Pal Tanwar Farm House with his family comprising of his mother, younger brother, wife and two children whereas his mother was residing at Jind. He is educated till class 8th and his wife was previously employed at government college Jind but at the time of his deposition had left the job.

According to this witness on 19.04.2010 Rajender S/o Pale and four to five other boys were passing in front of the house of Karan Singh situated in the main gali at about 9-9:30 PM in an intoxicated state when the she-dog belonging to the brother of Karan Singh namely Jai Parkash started barking at them on which the boys got irritated and threw a brick at her which entered in the house of Karan Singh to which his nephew Yogesh the son of Jai Parkash objected which was followed by an altercation (hatha pai) between Rajender S/o Pale and Yogesh and other persons came and separated them. Witness has further deposed that Karan Singh thereafter apologized to Rajender S/o Pale with folded hands so that the matter could be sorted out. After some time one person came and told Karan Singh that he was being called at the house of Rajender S/o Pale as there was a panchyat on the incident on which Karan Singh and Veer Bhan went to the spot but they were both beaten. According to the witness, at that time they were all standing in the main gali and came to know about the hue and cry on which they went to the spot and save Karan Singh and Veer Bhan and brought them back. Witness has further deposed that Veer Bhan had sustained a lot of injuries and was unconscious at that time but Karan Singh was still conscious though he had also sustained injuries and therefore they immediately shifted them first to Narnaund hospital but since the doctors St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 193 referred them to a bigger hospital therefore they were then taken to government hospital Hissar. Witness has further deposed that they were taken to the hospital by Ramesh S/o Mange Ram, since Veer Bhan was more serious therefore he was then shifted to Jindal hospital, Hissar. Thereafter on 20.04.2010 the 'J' Panchayat met in the village and it was decided that the matter should be compromised in the village and on account of the same Veer Bhan was brought back from the hospital after getting him discharged and Karan Singh also came back with him. On 21.04.2010 at about 7AM the panchayat of the village came to the house of Veer Bhan and asked him to compromise the dispute to which Veer Bhan agreed but while the panchayat members were still sitting at the house of Veer Bhan, Gulab Singh the chowkidar of the village who had gone to collect milk and lassi was beaten by Rajender S/o Pale and the other boys from the 'J' community but he had some how managed to come back to the 'B' Basti and told the persons residing in the 'B' Basti as to what had happened with him and told them that these boys had started gathering in the village in large numbers. According to the witness, on this they also got together and made a call to the Narnaund police station and informed them about Gulab Singh had told them and also requested the SHO to come to the spot as they apprehended that the matters could get aggravated. He has deposed that initially the SHO only sent four to five police personnel's to the village. However, in the meanwhile at about 9 AM a large number of persons from the 'J' community gathered and came towards the 'B' Basti. Initially they were about 100-150 persons which number later on swelled to about 300-400 on which he again called up the SHO from his mobile and told him that the matters would going out of hand and that a large number of boys from the 'J' St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 194 community had gathered and had come to the 'B' Mohalla. He also requested the SHO to come to the village personally on which the SHO that is the accused Vinod Kajal then came to the village along with one gypsy when he along with the officials who had come with him and also other police personnel's who were already present in the village went to these boys. After some time accused Vinod Kajal (SHO) came back and told them that there would be no problem as he has suitable advised these boys and told them that they should all go to their Chaupal whereas he asked the members of 'B' community to collect at their Chaupal and that he (Vinod Kajal) would get a compromise affected between them. According to the witness, on this all the males of the village belonging to the 'B' community went to the 'B' Chaupal but in the meanwhile these persons from the 'J' community who had collected in the village surrounded the 'B' Mohalla and suddenly they heard the cries of their ladies informing them that the mohalla had been surrounded by the members of 'J' community. On this they all ran from the Chaupal and found that the entire mohalla had been surrounded by these persons from the 'J' community who were throwing stones and while he (witness) was coming out from the 'B' Chaupal, he told the SHO (accused Vinod Kajal) "SHO sahab ye kya kara diya" (SHO Sahab what have you got done) on which the SHO (accused Vinod Kajal) told him "mein kya karo bhai" (what can I do brother) on which he (witness) again told him "ki apne to hame marva diya" (you have got us cornered) on which the accused Vinod Kajal (SHO) told him "mein ke karo, jessi bhaga Jata ho to bhag ley" (what can I do, if you can run away then run). According to the witness, they all pleaded with the SHO and police officials present there to save them but they (police personnel's) started running away from the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 195 village from the kaccha rasta going towards Rakhi village and the SHO (accused Vinod Kajal) said "jab mera hi bachna muskil hai to tumhe kya bachau" (when it is difficult to save myself how can I save you) after which he also ran away from the village.

The witness has further deposed that in order to save themselves they ('B') also started throwing stones and there was stone pelting from both the sides and thereafter these boys started (assailants from the 'J' community) started setting the houses belonging to the members of 'B' community on fire. They first set the house of Sanjay S/o Satpal situated on the main road on fire which he saw because he had climbed the roof of the house of Jaswant in order to save himself from where all this was visible. Thereafter, they went to the house of Tara Chand where Tara Chand and his daughter Suman lost their lives in a fire and in the meanwhile the smoke filled the galies/ streets and came to the place where he was standing (i.e. on the roof of the house of Jaswant) on which he came down and went inside his house to save himself where his small children were also present. Witness has further deposed that from his telephone he called up Sh. Subhash Yadav the Superintendent of Police Hissar and could directly speak to him on which he told him (the Superintendent of Police) about the incident and also told him that 'B' Mohalla had been surrounded by the persons belonging to 'J' community who were setting the houses of the members of 'B' community on fire and pleaded him to save them on which the Superintendent of Police Hissar promised to come to the spot and help them. He has further deposed that Sh. Subash Yadav the Superintendent of Police, Hissar could reach the spot at about 12:30-12:45 PM but by that time these boys had already inflicted injuries to large number of persons with the help of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 196 jellies, lathies etc and also indulged into robbery (loot pat), rioting, arson and burning of houses belonging to the members of 'B' community. He has further deposed that some of these boys also started dancing naked by removing their clothes and when the Superintendent of Police Sh. Subhash Yadav came to the spot about fourteen to fifteen persons of 'B' community including his family members were standing on the roof of the house of Chander which was a two storied house and had been put on fire. According to the witness, the ground floor was already on fire and the smoke was reaching the top floor and it was Sh. Subhash Yadav the Superintendent of Police who saved the lives of those persons or else everybody would have been charred to death. He has further deposed that a large number of police officers had come along with the Superintendent of Police Hissar and he (Sh. Subhash Yadav the Superintendent of Police Hissar) apprehended a large number of these boys at the spot itself who were assailants and were moving about in the village along with jellies and gandases. He has testified that it was only after the police had come to the spot that they all came out from their houses and found that a large number of houses had been set on fire and the fire brigade was present and to drowsing the same. According to the witness, he had seen the accused Rajender S/o Pale, Ram Phal @ Petla and Bobal @ Langra when they had set the houses of Sanjay and Tara Chand on fire and though initially he stated could identify other boys by faces but later on denied and stated that he could not identity the other boys because thereafter he has gone inside his house. In fact when he was examined by the Ld. Special Public Prosecutor he admitted having made a statement to the police on 21.4.2010 which is Ex.PW47/PX1 but denied that he had given the names of Rishi S/o Satbir, Pardeep S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 197 Balwan,Rupesh S/o Tek Ram, Kulwinder S/o Ram Mehar, Monu and Vikas both Sons of Dr. Suresh, Rajpal S/o Sheo Chand, Illa S/o Mahi Chand, Sumeet and Amit both sons of Satyawan, Ramesh S/o Karan Singh, Soni S/o Jai Veer, Sonu S/o Pappu, Pawan S/o Ram Mehar, Vipin S/o Partap, Mahesha S/o Dalip, Rajender S/o Sandhu, Jogender Jogar, S/o Inder, Ghagar S/o Tara Chand, Dharamvir S/o Tara Chand, Suresh S/o Balbir, Sunil S/o Daya Nand, Hathi S/o Balu Ram, Rajender S/o Belu Ram, Rajesh S/o Dhoopa and Daya S/o Jeet Singh stating that he did not give any names to the police and the police had recorded of its own. He also denied having told the police that Roshan S/o Ram Swaroop, Karamvir S/o Tara Chand, Dalbir S/o Dalipa and Vijender S/o Hoshyiar and other boys had come to their house and indulged into damaging the property (tor phor). The witness has stated that he was interrogated on 21.04.2010 itself which interrogation according to him continued for a number of days during which period DSP Hansi used to come and take his statement. He has further deposed that though he was aware that his statement was being recorded but he used to say something and the police used to record something else.

He has further deposed that his house was also damaged on account of the damage (tor phor) done by these boys but states that they all escaped unhurt. He has admitted having received a compensation to the tune of Rupees Fifteen thousand on one occasion and Rupees Ten thousand on another occasion.

In his his cross examination by Ld. Defence counsels the witness has deposed that he does not recollect the name of the police officer who had recorded his statement on 21.04.2010 but has voluntarily added that DSP was present at the time when his statement was recorded St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 198 and also states that a large number of senior officers were present including the Deputy Commissioner but he cannot tell their ranks. He has stated that he went to Tanwar Farm only on 22.12.2010 but has denied having deposed after being tutored by Ved Pal Tanwar or by the prosecutors and counsels at Lampur where he had stayed prior to his deposition in the court.

In his cross-examination he has been asked if he had told the investigating officer that the boys whom were passing in front of the house of Karan Singh were intoxicated to which he admitted but when confronted with his statement Ex.PW47/PX1 where this fact was not found specifically mentioned.

He has been specifically questioned if he had told the Investigating Officer that Yogesh son of Jai Parkash and nephew of Karan Singh came out and there was an altercation between Rajender S/o Pale and Yogesh followed by physical altercation (hatha pai) when other persons also came and separated them; that Karan Singh had apologized to Rajender S/o Pale with folded hands so that the matter could be sorted out and after some time some body came and told Karan Singh that he was called at the house of Rajender S/o Pale as there was a panchyat on the incident and that Karan Singh and Veer Bhan went to the spot but they were both beaten, which the witness has admitted having told the Investigating Officer. However, when confronted with his statement Ex.PW47/PX1 the said facts were not found recorded in the manner in which the witness has deposed in the court.

The witness further in his cross-examination has admitted having told the Investigating Officer that at that time he along with the others were standing in the main gali and they came to know that Karan St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 199 Singh and Veer Bhan were beaten when there was a hue and cry and they all went to the spot to save them and brought them (Veer Bhan and Karan Singh) back and they saw that Veer Bhan had sustained a lot of injuries and was unconscious at that time though Karan Singh was still conscious despite having sustained injuries on which they immediately shifted them to the hospital; that the injured were first taken to Narnaund hospital but since the doctors referred them to a bigger hospital after which they were taken to government hospital Hissar by Ramesh S/o Mange Ram and since Veer Bhan was more serious he was then shifted to Jindal hospital, Hissar. However, when confronted with his statement Ex.PW47/PX1 the above facts were not found so mentioned. The witness also admitted having told the Investigating Officer that on 20.04.2010 the 'J' Panchayat met in the village and it was decided that the matter should be compromised in the village on account of which Veer Bhan was brought back from the hospital after getting him discharged and Karan Singh also came back with him. However, when confronted with his statement Ex.PW47/PX1 the said facts were not found so mentioned.

This witness has also admitted having told the Investigating Officer that on 21.04.2010 at about 7AM the panchayat of the village came to the house of Veer Bhan and asked him to compromise the disputes to which Veer Bhan agreed and while the panchayat members were still sitting at the house of Veer Bhan, Gulab Singh the chowkidar of the village who had gone to collect milk and lassi was beaten by Rajender S/o Pale and the other boys from the 'J' community but he (Gulab Singh) had some how managed to come back to the 'B' Basti and informed the persons residing in the 'B' Basti as to what had happened St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 200 with him and also informed them that these boys had started gathering in the village in large numbers on which they ('B') also got together and made a call to the Narnaund police station and informed them what was told to them by Gulab Singh and also requested the SHO (accused Vinod Kajal) to come to the spot as they apprehended that the matters could get aggravated but initially the SHO only sent four to five police personnel's to the village and in the meanwhile at about 9 AM when a large number of persons from the 'J' community gathered and were coming towards the 'B' Basti that he again called up the SHO (accused Vinod Kajal) from his mobile and told him that the matters were going out of hand and that a large number of boys from the 'J' community had gathered and come to the 'B' Mohalla and that he (accused Vinod Kajal) should come to the village personally on which SHO (accused Vinod Kajal) then came to the village along with one gypsy. He has also stated that he told the Investigating Officer that the SHO (accused Vinod Kajal) along with the police personnel's who had come with him and other police officials who were already present in the village went to these boys ('J' boys) and after some time he (SHO Vinod Kajal) came back and told them that there would be no problem as he had suitably advised these boys and told them that they should all go to their Chaupal ('J' Chaupal) whereas he (SHO) asked the members of 'B' community to collect at their Chaupal ('B' Chaupal) and told him that he (Vinod Kajal) would get a compromise affected between them; that on this all the males of the village belonging to the 'B' community went to the 'B' Chaupal but in the meanwhile these persons from the 'J' community who had collected in the village surrounded the 'B' Mohalla and suddenly they heard the cries of their ladies informing them that the mohalla had been surrounded by the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 201 persons from 'J' community; that on this they all ran from the Chaupal and found that the entire mohalla had been surrounded by these persons from the 'J' community who were throwing stones and while he (witness) was coming out from the 'B' Chaupal, he told the SHO (accused Vinod Kajal) "SHO sahab ye kya kara diya" (SHO Sahab what have you got done) on which the SHO (accused Vinod Kajal) told him "mein kya karo bhai" (what can I do, brother) on which he (witness) again told him "ki apne to hame marva diya" (you have got us cornered) on which the accused Vinod Kajal (SHO) told him "mein ke karo, jessi bhaga Jata ho to bhag ley" (what can I do, if you can run away then run) and that they all pleaded with the SHO and police officials present there to save them but they (police personnel's) started running away from the village from the kaccha rasta going towards Rakhi village and the SHO (accused Vinod Kajal) said "jab mera hi bachna muskil hai to tumhe kya bachau" (when it is difficult to save myself how can I save you) after which he also ran away from the village. However, the witness when confronted with his statement Ex.PW47/PX1 all the said facts were not found so recorded.

Witness Satyawan has admitted that the house of Karan Singh is situated in main gali and that his (witness) house is situated in the bye-lane which starts from main gali. He has further admitted that the house of Tara Chand is situated in the second gali and has voluntarily added that it is in the next gali from his house. The witness has also admitted that the houses of Karan Singh, Tara Chand and Sanjay are at a distance from his house but states that on 21.04.2010 he had witnessed the incident from the roof and on 19.04.2010 he was present at the spot when the entire incident and talk of apology took place. He has denied St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 202 the suggestion that he was not present at the spot on 19.04.2010 and has deposed on the basis of what was told to him by the villagers. According to him, the person who had come to call Karan Singh and Veer Bhan did not tell the names of the persons present in the Panchayat who had called them. He is unable to tell the time when the said person had come but states there was a hue and cry in the area and the said person came after about half an hour of the quarrel. The witness has further testified that the house of Rajender S/o Pale is hardly ten to fifteen houses away from the house of Karan Singh and states that he did not go along with them. According to him, they were standing in the gali when they heard the hue and cry coming from the side of house of Rajender when they came to know that something had happened. He has denied the suggestion that no such incident had happened as above due to which reason he did not mention about the same to the Investigating Officer when his statement under Section 161 Cr. P. C. was recorded. He has however admitted that he did not go along with the injured to the hospital but he knew where they were been taken because he was in constant touch with the one son of Veer Bhan namely Sandeep who was present in the village and was on constant touch with his brother on mobile phone. The witness has further deposed that Rajender S/o Pale is having a milk dairy and previously he was having a Parchoon Shop and STD booth and prior to the date of incident he used to distribute milk in the village but has denied the suggestion that on 20.04.2010 Rajender did not distribute milk in the village and has voluntarily added that Rajender never distributed milk rather they used to go and purchase from him but after the dispute on 19.04.2010 they did not take milk from Rajender on 20.04.2011. According to the witness, Gulaba did not go to the shop of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 203 Rajender to take milk and states that Gulaba was a sweeper in the Chaupal who used to do Chowkidari in the village and had gone to other persons in the village to fetch milk and lassi. Witness has further deposed that the stone pelting continued for about two to three hours on 21.04.2010 but has denied the suggestion that they ('B') were the aggressors and started stone pelting or that some kaccha houses belonging to the members of 'B' community where cow dung cakes (Uplas)and dried sticks (thansras) were lying stored, were set on fire by some mischievous boys belonging to 'B' community which fire spread and could not be controlled.

The witness Satyawan has further deposed that his mobile telephone number was 9813587925 but he did not call the police on 19.4.2010 or 20.04.2010 and has denied that he did not inform the police regarding the incident of 19.04.2010 or 20.04.2010 on telephone because he had no personal knowledge of the said incidents. According to him, the telephone number of the Police Station Narnaund was 0166233222 but he does not recollect the number of the then Superintendent of Police, Hissar Sh. Subhash Yadav. He has admitted that the Superintendent of Police, Hissar had also interrogated him along with other boys of 'B' community but he did not tell the Superintendent of Police, Hissar that on 19.04.2010 Deepak, Satish, Pradeep of village Mirchpur and Tinkoo of village Petwar were passing through the main gali when the she-dog of Jai Prakash caught hold of the pant of Deepak and in order to free himself, Deepak gave a chappal blow. He has denied the suggestion that Rajender S/o Pale, Ramphal @ Petla and Bobal @ Langra were not involved in the incident of 19.04.2010 or 21.04.2010 and he had falsely implicated them. The witness has further St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 204 denied that he did not call the SHO from his mobile phone or spoke to him or that SHO Vinod Kajal came to the village much later with his force after having come to know of the incident and not in the morning as claimed by him. He has also denied that the SHO did not ask them to collect at the 'B' Chaupal stating that he was going to get a settlement effected since there was no occasion for him to do so or that the SHO and his force did not run away from the village. The witness has also denied the suggestion that he had improved upon his earlier version given to the investigating officer on the tutoring of Ved Pal Tanwar and the prosecution only to substantiate the version of the investigating agency.

PW48 Gulaba aged 70 years son of Jai Lal is the father of Dilbagh Singh (PW43) and Sanjay (PW44) and is a resident of Village Mirchpur. At the time of the incident he was working as a Chowkidar in the village and had three sons namely Sunil, Sanjay and Dilbagh (who all are residing separately) and three daughters all of whom are married.

At the very outset I may observe that this witness has not deposed anything about the incident dated 19.4.2010 and 20.4.2010 though in his statement Ex.PW48/PX1 he had made a reference to the alleged incidents. Further, he has also not completely supported his statement made to the police under Section 161 Cr.P.C. which is Ex.PW48/PX1 wherein he had named the accused Pratap S/o Balwan, Kuldeep S/o Ram Mehar, Rupesh S/o Tek Ram, Monu and Vikas both sons of Dr. Suresh, Rajpal S/o Sheo Chand, Sumit and Amit both S/o Satyawan, Ramesh S/o Karan Singh, Soni S/o Jaibir, Sonu S/o Pappu, Pawan S/o Ram Mehar, Vipin S/o Pratap, Jasbir S/o Ishwar, Mahesha S/o Dalipa, Wife of Dilbagh driver (who is working St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 205 in the roadways), Rajender S/o Sandhu, Jogender @ Jogar S/o Inder Singh, Ghaggar S/o Tara Chand, Dharamvir S/o Tara Chand, Suresh S/o Balbir, Sunil S/o Dayanand, Nanha S/o Mai Chand, Manbir S/o Prema, Hathi S/o Baru Ram, Kuldeep S/o Balbir, Jaibir S/o Balbir, Rajinder S/o Billu and Dhupa S/o Mange.

According to the witness on 21.4.2010 at about 8.00AM he was coming back to his house which is on the main road and in one hand he was having his walking stick while in the other hand he was carrying the lassi when he saw the wife of Satbir (a member of 'J' community) having an oil can (container) in her hand and when he went ahead he found an oil container in the hand of wife of Kapoora and when he came ahead and reached the house of Rajender S/o Pale he found Rajender S/o Pale, Karampal S/o Satbir, Ramphal S/o Prithvi along with ten to fifteen other boys standing there unarmed at that time. When he passed Rajender S/o Pale caught hold of his collar while Karampal snatched his Lathi/ walking stick and hit him on his back and when he fell down Ramphal hit him on his head after which he was lifted by the persons from the Mohalla and taken to his house and put on a cot/charpai. After about one to one and a half hours of his coming back to his house, he heard the cries of Phook do dedhan ne, Chooraya ne phoonk do (burn the dedhan, burn the chooras). The witness has further deposed that his house is on the main road from where he had seen a large number of persons who may be more than four hundred to five hundred belonging to the 'J' community both from the village and the outsiders called by them ('J') most of whom appeared to have been called from outside colleges etc. who suddenly came and started setting the houses belonging to the members of 'B' community on fire. According to the witness, the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 206 assailants came to his house and burnt the same and all his household articles were burnt whereas his wife who was present in the house at that time sustained injuries on her head on account of stone pelting and in order to save their grand children she ran away with them and went to the other house of his cousin brother in the neighbourhood. According to him, the medical examination of his wife was not conducted since she had been taken by his daughter to her house at village Dablain, Tehsil- Narvana after the incident. He has further deposed in the said incident houses of Tara were burnt where he and his daughter Suman lost their lives and also the houses of Chander, Rajmal, Ramphal, Jagpal, Dhupa were burnt and the assailants also indulged into arson, rioting, dancing naked after removing their clothes, damage (tor-phor). The witness has further deposed that he had seen these boys carrying gandases, iron rods, Jellies, Rodas (stones and bricks) which they were throwing at the 'B' and states that he can identify the assailants from their faces since they are all from the same village and he is not in a position to identify them by names. According to him, when his house was burnt there was also looting and Rs.20,000/- cash which was kept in the house could not be found apart from his two gold rings and three tabeez. Witness has further deposed that he was taken to the hospital in an ambulance on 21.04.2010 and his medical was conducted. According to him, they first went to Narnaund Hospital and thereafter he was referred to Hissar Hospital. He has duly proved his MLR which is Ex.PW48/A bearing his thumb impression at point A. In his deposition the witness has also stated that he had seen Rajender S/o Pale, Karampal S/o Satbir and Ramhpal @ Petla S/o Prithvi as persons who had come to his house along with the container (Peepi) of oil and set his house on fire and it St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 207 was the accused Rajender who had set the house on fire whereas Ramphal and Karampal had sprinkled oil in his house. Witness has further deposed that while he was admitted in Hissar Hospital his statement was recorded by the police which was after three to four days of the incident.

With the permission of the court leading questions were put to the witness by the Ld. Special Public Prosecutor for the victims wherein he has admitted that his statement might have been recorded by the police on 23.04.2010 but states that it was recorded while he was admitted in hospital at Hissar. According to him, he had not informed the Investigating Officer about the incident of 19.04.2010 and has stated that he was not present at the spot since his house is away from the house of Karan Singh and he was at his house at that time but he had heard about this incident. Witness has denied the suggestion that he had told the investigating officer the details of the incident dated 19.04.2010. Confronted with the statement Ex.PW48/PX-1 from point X to X-1 where the incident is mentioned but has admitted having told the investigating officer that the tension in the village was increasing and therefore Karan Singh and Veer Bhan were got discharged from the hospital and on the way back to the village they informed the SHO of the incident after which five to seven police personnel's also came to the village but he did not tell the Investigating Officer that these police officers had advised and pacified the parties. He has admitted having told the investigating officer that he could identify Rishi S/o Satbir, Illa S/o Mai Chand, Bobal @ Langra S/o Teka, Baljeet S/o Inder, Daya S/o Jeet Singh from the crowd and that he had given the name of wife of Pale and wife of Kapoora since he had seen them with the containers of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 208 oil but he had not given their name as one of the assailants since she had gone away after giving the container to these boys. Witness has denied the suggestion that he had also given the names of Pratap S/o Balwan, Kuldeep S/o Ram Mehar, Rupesh S/o Tek Ram, Monu and Vikas both sons of Dr. Suresh, Rajpal S/o Sheo Chand, Sumit and Amit both S/o Satyawan, Ramesh S/o Karan Singh, Soni S/o Jaibir, sonu S/o Papu, Pawan S/o Ram Mehar, Vipin S/o Pratap, Jasbir S/o Ishwar, Mahesha S/o Dalipa, Wife of Dilbagh driver (who is working in the roadways), Rajender S/o Sandhu, Jogender @ Jogar S/o Inder Singh, Ghaggar S/o Tara Chand, Dharamvir S/o Tara Chand, Suresh S/o Balbir, Sunil S/o Dayanand, Nanha S/o Mai Chand, Manbir S/o Prema, Hathi S/o Baru ram, Kuldeep S/o Balbir, Jaibir S/o Balbir, Rajinder S/o Billu, Dhupa S/o Mange.

When all the accused were specifically put to the witness he identified the accused Karampal S/o Satbir, Rishi S/o Satbir, Rajender S/o Pale, Daya S/o Ajit, Dharambir @ Illa S/o Mai Chand, Baljeet S/o Inder, Ramphal S/o Prithi Singh and Bobal @ Langra S/o Teka and also identified the accused Pradeep S/o Satbir, Balwan S/o Inder, Manbir S/o Jile Singh, Sunil S/o Daya Nand, Nasib S/o Prem Singh by pointing towards them as the persons who were indulging into arson, burning of houses, stone throwing and rioting.

In his cross examination by Ld. Defence counsel the witness has deposed that he had told the Investigating Officer in his statement under Section 161 Cr.P.C. that on 21th April 2010, at about 8.00 AM, he was coming back to the village when in one hand he was having his walking stick and in the other hand he was carrying the lassi and he was coming back to his house which is on the main road when he saw that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 209 wife of Satbir (a member of 'J' community) was having an oil can (container) in her hand when he went ahead he found an oil Peepi (container) in the hand of wife of Kapoora; that when he came ahead and reached the house of Rajender S/o Pale he found Rajender S/o Pale, Karampal S/o Satbir, Ramphal S/o Prithvi along with ten to fifteen other boys who were standing there; that Rajender S/o Pale caught hold of his collar, Karampal snatched his Lathee/ walking stick and hit him on his back on which he fell down Ramphal hit him on his head and that thereafter he was lifted from there by persons from the Mohalla and taken to his house and put on a cot/charpai and after about one to one and a half hours of his coming back to his house, he heard the cries of Phook do dedhan ne, Chooraya ne phoonk do (burn the dedhas, burn the chooras). However, when confronted with the statement Ex.PW48/PX1 all the above facts were not found so mentioned. According to the witness, he had also told the Investigating Officer that the boys who had come were all from the 'J' community and a large number of other outsiders have also been called by them but he cannot tell they were from which caste and that they appeared to have been called from outside colleges etc. and they suddenly came and started setting the houses belonging to the members of 'B' community on fire. However, when confronted with the statement Ex.PW48/PX1 the said facts were not found so mentioned.

The witness has further deposed that on 21.4.2010 senior officers of the police had also reached the spot including the Superintendent of Police Hissar and has voluntarily added that Inspector General of Police came later but they did not make any interrogation from him since he was taken for medical examination on that day. He St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 210 has denied that he was interrogated by the Superintendent of Police on 21.4.2011 in the presence of Inspector General of Police but he did not make any statement to them since he was not aware of the incident and it was later on 23.4.2010 that he gave the statement on tutoring after fabrication. He has also denied that he has no personal knowledge of the incident and it was for this reason that his statement was not recorded on 21.4.2010 or that he had deposed on the basis of tutoring by his counsels, Prosecutor and Ved Pal Tanwar in whose farmhouse he was residing at Hissar.

The witness has further denied that on 21.4.2010 he had gone to the house of Rajender S/o Pale to fetch milk which he did not get as he (Rajender) did not get the supply as a result of which he (witness) went back to the village and told the boys of 'B' community regarding the same or that being aggrieved by the same Rajender S/o Pale and Karampal S/o Satbir who were going to the fields in boogie were stopped by young boys of 'B' community who gave them a beating and the matter got aggravated as a result of which there was stone pelting from both the sides. The witness has further denied the suggestion that some mischievous boys from the 'B' community set the kaccha houses of the members of 'B' community where cow dunk cakes (uplas) and died sticks (thansras) were lying stored on fire which fire thereafter spread to the neighbouring houses and could not be controlled. According to him, the stone pelting started at about 9 AM and continued till about 11/11:30 AM but has denied that stone pelting continued from both the sides and even the 'B' indulged into stone pelting. He has denied the suggestion that the accused Karampal S/o Satbir, Rishi S/o Satbir, Rajender S/o Pale, Daya S/o Ajit, Dharambir @ Illa S/o Mai Chand, Baljeet S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 211 Inder, Ramphal S/o Prithi Singh and Bobal @ Langra S/o Teka, Pradeep S/o Satbir, Balwan S/o Inder, Manbir S/o Jile Singh, Sunil S/o Daya Nand, Nasib S/o Prem Singh were not present at the spot on 21.4.2010 and he had deliberately taken their names to falsely implicate them. Witness has denied the suggestion that he had deposing falsely only to strengthen the case of the prosecution.

PW49 Pardeep aged 20 years is the son of deceased Tara Chand and was a resident of village Mirchpur at the time of the incident. He is the son of Smt. Kamla (PW50) and step brother of Amar Lal who has been examined as CW1. At the time of his deposition in the court he was working as a Clerk in the SDM Office, Hissar which job was given by the government after the incident when his father and sister were burnt alive and prior to this he was studying in the first year at government college Jind. He has a family comprising of his mother and three brothers out of whom one brother is married.

Before proceeding to examine the testimony of this witness on merits, I may observe that in his testimony the witness Pradeep has specifically identified the accused Vipin as one of the assailants but during the recording of the evidence the name of his father has been shown as Ishwar and not Joginder which is an inadvertent error since Vipin S/o Ishwar being a juvenile is facing trial before the Juvenile Court and is not facing trail before this court. There is only one accused with the name Vipin who is facing trial before this court who is the son of Joginder and therefore the witness Pradeep having specifically identified him in the court by pointing out towards him there is no place for any doubt and the statement of the witness Pradeep in respect of accused Vipin has to be read as such (i.e. as son of Joginder and not son of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 212 Ishwar). This discrepancy was noticed at the time of final arguments and the Ld. Defence counsel has fairly conceded to the error which was accordingly corrected.

According to him, on 19.04.2010 at about 5-6 PM there was a dispute in the village between Yogesh S/o Jai Pal (a member of the 'B' community) nephew of Karan Singh and Rajender S/o Pale (a member of 'J' community) on a she-dog belonging to Karan Singh during which Rajender S/o Pale, Karam Pal S/o Satbir, Kulwinder S/o Ram Mehar, Rishi S/o Satbir along with other 'J' boys had a physical altercation (hata pai) with Yogesh but after some time these boys went away. He has deposed that thereafter persons from the 'J' community had a meeting on 19.04.2010 in the village to the effect that they would teach a lesson to the members of the 'B' community/ chooras.

He has further deposed that on 20.04.2010 Karan Singh and Veer Bhan went to the persons from the 'J' community to settle and compromise the dispute and seek pardon for whatever had happened but they were injured and had to be hospitalized. Thereafter the persons from the 'J' community got together and had a meeting and after the meeting collected at water diggi where they consumed alcohol and thereafter passed through the main gali of the village while abusing the 'B' while they were in an intoxicated condition. He has further deposed that on 21.04.2010 at about 8 AM Gulab Singh chowkidar who is a member of 'B' community was beaten by the boys from the 'J' community when he was passing through the village and at about 8-9AM large number of boys and persons belonging to the 'J' community collected and came towards the 'B' Basti and attacked the 'B' and started pelting stones on them. He has further deposed that in order to ward off St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 213 the attack some of the 'B' also retaliated by throwing stones and while the stone pelting was going on, the police officials from Police Station Narnaund came to the spot when he saw the SHO that is the accused Vinod Kajal who had come with the police force was mixing up with the members of 'J' community and thereafter he (witness) saw him going towards these boys from the 'J' community who had collected in the village and talking to them. Thereafter the accused Vinod Kajal came towards the 'B' and asked them to collect at the Chaupal stating that he would get a compromise effected in respect of the dispute between both the communities. On this some of the persons from the 'B' community went to their Chaupal but in the meanwhile the persons from the 'J' community surrounded the 'B' Basti from all the four sides and attacked the 'B' with jellies, gandases and lathies and also started burning the houses of the members of 'B' community while simultaneously indulging into stone pelting. Thereafter they came towards his house and set his house on fire. According to the witness, his sister Suman who was handicapped by one leg was inside the house and his father was also inside the house. On hearing the noise his father Tara Chand and sister Suman came out but the assailants from the 'J' community who were also accompanied by the ladies of the same community sprinkled petrol on them and set them on fire and pushed them inside the house. The witness has stated that at that time he was standing in the gali near the house and when he tried to save them stones were thrown on him as a result of which he could not go ahead to save them. Witness has further deposed that after some time the ladies of the 'J' community went away and his father Tara Chand who was still alive at that time rushed out of their house and entered the house of their neighbour Dewan Singh S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 214 Muthra in a burnt condition while his sister was burnt to death inside their house. Witness has further deposed that some of these boys from the 'J' community also removed their clothes and started dancing naked in front of ladies belonging to the 'B' who were standing in the gali and abused them. He has further deposed that Superintendent of Police, Hissar Subash Yadav came to the village while the stone pelting, arson, rioting was still going on in the village and on seeing him these boys from the 'J' community ran away. Fire brigades also came to the village to drowse the fire. According to the witness, amongst the houses put on fire by the assailants there were houses belonging to Satyawan, Rajender, Manoj, Bani Singh, Chander, Jagpal, Dhoop Singh and many more and states that amongst the assailants he had seen Rajender S/o Pale, Pawan S/o Ram Mehar, Kulwinder S/o Ram Mehar, Vipin S/o Joginder, Suresh S/o Balbir, Vikas S/o Suresh, Monu S/o Suresh, Dharambir S/o Tara, Gagar S/o Tara, Rishi S/o Satbir, Karampal S/o Satbir, Ramphal @ Petla, Rinku S/o Daya Nand, Pardeep S/o Jaiveer, Monu @ Sumeet S/o Daya Nand, Sumeet and Amit both sons of Satyawan, Vikas S/o Sunehra and many more boys whose names he does not recollect but he can identify them by faces. He has also stated that there were some ladies also who were involved with these boys in the incident amongst whom was the wife of Pale, wife of Pappu, wife of Satyawan who had come to his house and set it on fire and were a part of the crowd who were indulging into arson and rioting.

The witness has further deposed that all the articles lying in their house were completely burnt including the motorbike which was in the bethak and the handicapped rickshaw of his deceased sister. He has also stated that the assailants also committed robbery (loot pat) in their St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 215 house and all the other houses which were burnt and nothing remained. According to him, on account of loosing his sister and father he had lost his senses on the date of the incident and therefore was interrogated after the date of the incident when he told the police about the details.

With the permission of the court leading questions were put by the Ld. Special Prosecutor for the victims wherein the witness has denied that Karan Singh and Veer Bhan had received injuries on 19.04.2010 after which they had to be hospitalized and has voluntarily added that both of them had gone to settle the disputes and seek pardon from the persons from the 'J' community when they were beaten. Witness has admitted that on 21.04.2010 the police had seized the burnt motorcycle and the handicapped rickshaw of his sister but he does not recollect if he was interrogated. He has however proved the seizure memo of the motorcycle which is Ex.PW49/A and the seizure memo of rickshaw and also the ashes which is Ex.PW49/B dated 21.04.2010 and has admitted his signatures at point A but does not recollect when his signatures were taken. He also does not recollect if his statement Ex.PW49/PX1 was recorded by the police on 21.04.2010 wherein he had given the names of many other assailants apart from the one he had named in the court .

After the witness was permitted to refresh his memory with regard to his statements dated 21.04.2010, 27.06.2010 and 27.07.2010 which he did by reading the statements himself being educated, he has denied having made the statement Ex.PW49/PX1 dated 21.4.2010 and also Ex.PW49/PX2 dated 27.07.2010 but admits having made the statement dated 27.06.2010 Ex.PW49/PX3. He has duly identified the burnt motorcycle which is Ex.P2 and the handicapped rickshaw along St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 216 with the ashes (in polythene bags) which is Ex.P3 collectively.

Further, when all the accused were put to the witness one by one he has identified the accused Sonu S/o Ramesh by pointing out towards him but whose name he was unable to tell; accused Pardeep S/o Jagbir, Pardeep S/o Suresh Kumar, Dharamvir @ Dalbir S/o Dalip Singh, Jogender S/o Inder Singh, Naveen @ Tina S/o Rajbir by name and also by pointing out apart from the accused Rajender S/o Pale, Pawan S/o Ram Mehar, Kulwinder S/o Ram Mehar, Vipin S/o Joginder, Suresh S/o Balbir, Vikas S/o Suresh, Monu S/o Suresh, Dharambir S/o Tara, Gagar S/o Tara, Rishi S/o Satbir, Karampal S/o Satbir, Ramphal @ Petla, Rinku S/o Daya Nand, Pardeep S/o Jaiveer, Monu @ Sumeet S/o Daya Nand, Sumeet and Amit both sons of Satyawan and Vikas S/o Sunehra who had been named by him.

In his cross examination by Ld. Defence counsel the witness has deposed that police did not come to the village on the day when the dispute on the she-dog took place on 19.04.2010 and for the first time the police came to the village on 20.04.2010 after Karan Singh and Veer Bhan had been injured but he is unable to tell the time nor is he aware how many persons had come from the police station and states that he was at home at that time. He has further deposed that he did not come to know that police had come to the village and states that he only knew that Karan Singh and Veer Bhan were the injured. Witness has further deposed that he had seen the police on 21.04.2010 when the rioting was still going on and at the time when his house was set on fire and his father and sister were burnt, police was not present at the spot and has voluntarily added that the police officers who were present had run away from the village. He has further deposed that he had told the police St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 217 personnel's standing in the village that the atmosphere of the village was getting worse but there was no hearing and further states that he did not make any call to the senior police officers when he saw that atmosphere in the village getting worse. According to the witness, he did not go to the police station when the incident was taking place and the matters were getting worse and voluntarily states that he could not do anything to save his father since the assailants had come in large numbers and were armed with petrol, stones, jellies and were hitting out at them with stones. He has also deposed that he did not receive any injury and has denied that he was not present at the spot due to which reason he did not receive any injury and did not attempt to save his father and sister. The witness has further deposed that the Superintendent of Police, Hissar had come at the time when the house of Chander was put on fire and there were people inside and states that it was the Superintendent of Police, Hissar who saved these persons or else they would have been burnt. He is unable to tell the designation of the officers senior to the Superintendent of Police, Hissar who had come to the spot and states initially Superintendent of Police, Hissar had come with about twenty to twenty five persons but later more police personnel's came to the village but he is unable to give their number. He has also deposed that Superintendent of Police, Hissar had caught a large number of persons but has voluntarily added that many boys were released later but he is unable to tell the number of assailants who were apprehended by the police at the spot and also how many police officials ran after the assailants. The witness has denied the suggestion that he was not present at the spot at that time and has voluntarily added that he had seen his father reaching the house of his neighbour in half burnt condition and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 218 when his sister was removed from his house in a burnt condition, he was in the house of his neighbour at that time.

Further, when cross-examined as to whether he had told the investigating officer that SHO Vinod Kajal had asked the 'B' to collect at the Chaupal after he had spoken to the boys from the 'J' community on the pretext of getting a settlement effected, he has stated that he does not recollect the same. According to the witness his brother Amar Lal had accompanied his father and sister but has denied the suggestion that he did not accompany them because he was not present at the spot and offered an explanation for the same stating that the condition of his mother (Smt. Kamla PW50) was very bad and he had to stay back with her. He has further deposed that he did not take his mother to the hospital and has stated that she had become unconscious on seeing the condition of his father and sister. According to the witness, he knew Tara Chand S/o Swaroop Singh, Dilbagh S/o Gulab, Sanjay S/o Bani Singh, Ram Niwas and Ram Phal both sons of Rajmal, Subey Singh S/o Bhura Ram, Rajender and Manoj both sons of Mahender, Jagpal S/o Beer Singh, Dhup Singh S/o Ratnu, Gulab S/o Jai Lal, Chander S/o Laxman, Satyawan S/o Bhale Ram, Sanjay S/o Gulab, Sanjay S/o Satpal, Dilbagh S/o Sube Singh who all belonged the 'B' community. He has denied the suggestion that he along with the above persons told the Superintendent of Police in the presence of the IG Hissar that on 19.04.2010 there was a dispute between the persons of the 'B' community and 'J' community over a she-dog and on 20.04.2010 Rajender S/o Pale who has a shop where he distributes milk could not distribute milk since he did not get the supply and therefore being aggrieved by the same some of the boys of 'B' community stopped Rajender and Karam Pal on 21.04.2010 when St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 219 they were going to their fields in their boogie. The witness has also denied that they all including the persons from other communities told the Superintendent of Police that Rajender and Karampal were beaten by boys belonging to 'B' community and the matter got aggravated as a result of which there was stone pelting from both the sides. According to him, the stone pelting went on for about one to one and a half hour. Witness has denied that some mischievous boys from 'B' community set the kaccha houses of the members of 'B' community where cow dung cakes (Uplas) and dried sticks (thansras) were stored on fire which fire then spread in the neighbouring houses and could not be controlled. According to him, at that time of incident he was a first year student at government college Jind and had given his last exam on 18.04.2010. He has further denied that on 21.04.2010 he had given his papers in the college and was not present at the spot and has voluntarily added that his exams finished on 18.04.2010 on which day he had his History paper. The witness has denied the suggestion that he was in Jind on 21.04.2010 and started for his house only after receiving information of the burning of his house and the incident with his father and sister or that he has deposed falsely in the court only to support and strengthen the case of the prosecution. Witness has denied the suggestion that he has falsely implicated and named Sonu S/o Ramesh, Pardeep S/o Jagbir, Pardeep S/o Suresh Kumar, Dharamvir @ Dalbir S/o Dalip Singh, Jogender S/o Inder Singh, Naveen @ Tina S/o Rajbir, Rajender S/o Pale, Pawan S/o Ram Mehar, Kulwinder S/o Ram Mehar, Vipin S/o Joginder, Suresh S/o Balbir, Vikas S/o Suresh, Monu S/o Suresh, Dharambir S/o Tara, Gagar S/o Tara, Rishi S/o Satbir, Karampal S/o Satbir, Ramphal @ Petla, Rinku S/o Daya Nand, Pardeep S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 220 Jaiveer, Monu @ Sumeet S/o Daya Nand, Sumeet and Amit both sons of Satyawan, Vikas S/o Sunehra on tutoring and that these boys were not present in the village at the time of incident.

I may observe that this witness Pradeep is the only witness who has stated that Veer Bhan and Karan Singh were beaten on 20.4.2010 which is contrary to the case of the prosecution. This is despite the fact that the Special Public Prosecutor had put him a specific suggestion to this aspect but he denied that the incident of beating of Veer Bhan and Karan Singh took place in late night of 19.4.2010. This apparently proves that Pradeep is not an eye witness to the incident dated 19.4.2010 or of what had transpired on 20.4.2010 and therefore his testimony on the aspects narrated by him in respect of the incidents dated 19.4.2010 and 20.4.2010 is required to be rejected.

PW50 Kamla Devi aged about 60 years, wife of Late Tara Chand and the mother of Pradeep (PW49) and step mother of Amar Lal (CW1) is a resident of village Mirchpur and claims herself to be an eye witness to the incident dated 21.4.2010.

I may observe that Kamla in her testimony has made a casual reference to the incident dated 19.4.2010 but it is evident from her cross-examination that she is not an eye witness to the incident and states that she had been informed about it by her deceased daughter Suman and this being so her testimony to that extent is inadmissible in evidence being hearsay.

According to Kamla, there was a dispute in the village on a she-dog of Karan Singh, between the son of Pale on one side and Veer Bhan and Karan Singh on other side wherein Veer Bhan and Karan Singh received injuries as they were beaten and on the next day in the morning St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 221 Gulaba Chowkidar had gone to take lassi from the village when he was surrounded by these boys and beaten. She has deposed that thereafter on the day next to this incident Rajender S/o Pale called the other boys from the 'J' community and collected stones and bricks and started pelting stones on the houses of the members of 'B' community and were shouting "choore dheda ne maro" (hit the choora dhedas). She has also deposed that after sometime police personnel's from Police Station Narnaund came to the village and the SHO Vinod Kajal also came with whom they pleaded to save them. According to her, the accused Vinod Kajal took their ('B') children to the Chaupal whereas all the ladies were left behind and she pleaded to save her husband and children but the accused Vinod Kajal told the 'J' boys "dheda ne ek ghante mein aag laga do" (burn the dhedas within one hour). The witness has also deposed that their men folk had been taken to the Chaupal by that time and the assailants started setting their houses on fire and son of Sishu (a member of 'J' community) instigated the other 'J' boys to burn the houses belonging to the members of 'B' community on fire by saying "na daro choorya sae aag laga do" (don't fear from the dhedas, set them on fire) and further said "jo kar sansi neikale tha nu choorya ne neikal do" (the manner in which we removed the Sansis from the village in the same manner remove the chooras). She has further deposed that the police personnel's from Police Station Narnaund did not help them and her house was set on fire due to which her husband Tara Chand and her daughter Suman were burnt to death. According to the witness, her husband was beaten by dandas outside the house and kerosene was poured on him and after setting him on fire he was pushed inside the house by Pawan, Kulwinder, Hoshiyara Rajender and SHO Kajal.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 222 She has further deposed that Bharpai the wife of Pale along with the wife of Pappu whose name she does not know but whom she can recognize by face, sprinkled kerosene on her daughter Suman, set her on fire and pushed her inside the house after which they also looted their property. She has stated that all through this she was hiding behind the small boundary wall of the house of her husband's nephew (son of her jeth) out of fear and could see the entire incident from there as it is just adjoining her house. She has further deposed that these boys ('J' boys) were armed with jellies, gandases, lathies etc. and many of them thereafter removed their clothes and started dancing naked before their girls. She has also deposed that she remembered having seen Dr. Suresh and both his sons in the crowd committing rioting, arson, looting etc. According to her after the incident her sons have been given a government job but she is not aware of the compensation.

With the permission of the court Ld. Special Public Prosecutor put specific questions to the witness wherein she has deposed that it could be possible that the incident of Gulaba being injured by the boys took place on the same day of the incident of stone pelting and rioting and has explained that she does not recollect the dates on account of the tragedy which happened with her but she had seen that Gulaba had been injured on his head. She has further admitted that the police had met her on the date of incident (i.e. 21.04.2010) and had interrogated her but she does not recollect if they had recorded her statement which is Ex.PW50/PX1 and has voluntarily added that she was not in her proper senses at that time. She has further deposed that at that time she had only given three or four names of the assailants to the police but had told the Investigating Officer that she could identify the assailants as they St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 223 were all residents of the same village. She has further admitted that she had told the police that there were around three to four hundred persons in her gali alone and that there were more than three to four hundred persons present outside that gali. She however does not recollect if she had given the name of Rishi S/o Satbir and Pardeep S/o Balwan Bhim Singh S/o Jogender Virender S/o Yashpal, Surender S/o Jagdev, Rajender S/o Dhupa and Baljeet S/o Inder but has deposed that she had also named the elder son of Tek Ram whom she had seen with kerosene oil container (tel ki pipi) and had also named the accused Dharamvir S/o Tara Chand, Pawan S/o Ram Mehar, Karambir @ Ghagar S/o Tara Chand, Balwan S/o Dharamvir, son of Hoshiyara who is called Handa in the village and both the daughter-in-laws of Hoshiyara were also present along with oil container and has stated that she had further taken the name of son of Kapoora and Bharpai. She has admitted that her husband had kept Rs. Four lacs for the marriage of her daughter along with jewelery in her house which had been looted.

After the accused were put to the witness one by one she has duly identified the accused Ved Pal (accused on bail), Ajit S/o Sh. Sukhbir, Ajit S/o Sh. Dalip, Amit S/o Sh. Satyawan, Anil @ Neela S/o Sh. Prem Singh, Anup S/o Sh. Dharma, Balwan S/o Sh. Inder Singh, Balwan S/o Sh. Jeela, Bobal @ Langra S/o Sh. Tek Ram, Dalbir S/o Sh. Dalip Singh, Dalbir S/o Sh. Tara, Daya Singh S/o Sh. Ajeet Singh, Deepak @ Sonu S/o Sh. Krishan @ Pappu, Dharambir S/o Sh. Tara Chand, Dharambir @ Illa S/o Sh. Mai Chand, Dinesh S/o Sh. Prem, Hoshiar Singh S/o Sh. Mangal, Jagdish @ Hathi S/o Sh. Baru Ram, Jagdish @ Jangla S/o Sh. Lahna Ram, Jaibir S/o Sh. Balbir, Jaibir S/o Sh. Mnaphool, Jasbir S/o Sh. Ishwar, Jasbir @ Lillu S/o Sh. Raja St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 224 Ram, Jitender S/o Sh. Satbir, Jogal @ Doger S/o Sh. Hawa Singh, Joginder @ Jogar S/o Sh. Bhim Singh, Jokhar @ Joginder S/o Sh. Inder Singh, Jora Singh S/o Sh. Balwan, Karambir S/o Sh. Tara Chand, Karampal S/o Sh. Satbir, Krishan S/o Sh. Karan Singh, Krishan Kr. @ Dhaula S/o Sh. Satyawan, Kuldeep @ Midda S/o Sh. Balbir, Kulvinder S/o Sh. Ram Mahar, Manbir S/o Sh. Jile Singh, Monu S/o Sh. Suresh, Nasib S/o Sh. Prem Singh, Naveen @ Tina S/o Sh. Rajbir, Pappu S/o Sh. Pyara, Pardeep S/o Sh. Ramphal, Pardeep S/o Sh. Balwan, Pawan S/o Sh. Hoshiar Singh, Pawan S/o Sh. Rajbir, Pawan S/o Sh. Ram Mahar, Pawan @ Tinku S/o Sh. Sewa Ram, Pradeep S/o Sh. Satbir, Pradeep S/o Sh. Jagbir, Pradeep S/o Sh. Suresh, Praveen S/o Sh. Jagdev, Rajbir @ Nanha S/o Sh. Mai Chand, Rajesh S/o Sh. Dupa, Rajinder S/o Sh. Pali, Rajinder S/o Sh. Balu, Rajinder S/o Sh. Dhup Singh, Rajinder Kr. S/o Sh. Sadhu Ram, Rajpal S/o Sh. Sheo Chand, Rakesh @ Kala S/o Sh. Satyawan, Ramesh S/o Sh. Karan Singh, Ramesh @ Mahesh S/o Sh.Dalip Singh, Ramphal S/o Sh. Prithvi, Rishi S/o Sh. Satbir, Roshan Lal S/o Sh. Ram Swarup, Sandeep S/o Sh. Mahinder Singh, Sandeep S/o Sh. Raj Kumar, Sandeep S/o Sh. Rattan Singh, Sandeep @ Langra S/o Sh. Chander, Sanjay @ Sanjeep S/o Sh. Amar Lal, Satta Singh S/o Sh. Karan Singh, Sattu Singh @ Satish S/o Sh. Randhir Master, Satyawan S/o Sh. Tara Chand, Satyawan S/o Sh. Rajinder, Sheela @ Sunil S/o Sh. Bira, Sonu @ Monu S/o Sh. Ramesh, Sunil S/o Sh. Daya Nand, Sunil @ Sonu S/o Sh. Jaibir, Surender S/o Sh. Jagda, Suresh Kumar S/o Sh. Balbir, Vedpal S/o Sh. Dayanand, Vedpal @ Bedoo S/o Sh. Karan Singh, Vijender @ Handa S/o Sh. Hoshiar Singh, Vikash S/o Sh. Sunehera @ Sumer Singh, Vinod S/o Sh. Ram St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 225 Niwas, Vinod S/o Sh. Jagdeep and Viren S/o Sh. Yashpal. However, she has not identified the accused Sandeep S/o Ram Swaroop, Kuldeep S/o Om Parkash, Charan Singh S/o Sadhu Ram, Shamsher S/o Rajender, Balwan S/o Dharam Singh, Rakesh S/o Amar Lal, Sonu S/o Dalbir, Sumeet S/o Satyawan, Pardeep S/o Jai Veer, Pawan S/o Sewa Singh, Roopesh S/o Tek Ram, Vinod S/o Ram Niwas, Sanjay S/o Daya Nand, Vipin S/o Joginder Singh, Sandeep S/o Joginder, Amir S/o Tara Chand and Baljeet S/o Inder Singh. According to Kamla the accused whom she has identified were a part of the crowd who were indulging into rioting, arson, looting and burning of houses. She also has stated that the SHO (accused Vinod Kajal) was also present at the spot and she had personally requested him to intervene. However, when the accused Vinod Kajal was put to her she failed to identify him in the court and stated that it is on account of her failing eye sight (it was observed by the Court after questioning her that she could not see by one eye) and she further requested that the accused Vinod Kajal should be put to her again and she would identify him. However, when the accused Vinod Kajal was again put to her along with six other accused she pointed out towards him as the person to whom she had pleaded.

In her cross examination by Ld. Defence counsel she has admitted that the police had never called her to the police station or to the court, or to the jail for identification of the accused after their arrest and has voluntarily added that the accused have been shown to her for the first time in the court. She has admitted that she is the second wife of Tara Chand and has explained that his first wife was her cousin sister and Tara Chand had three children from her that is one son namely Amar Lal and two daughters who are already married. She has further deposed that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 226 she has two sons, Pradeep and Ravinder and her deceased daughter Suman from Tara Chand. She has denied the suggestion that she was residing with Pradeep and Ravinder separately from Tara Chand. She has further deposed that she did not tell the police that all the boys who were involved in burning of their houses, could be identified by her because the police never asked her. She has also denied the suggestion that she did not give the names of all the accused whom she has identified in the court to the police. She has admitted that she did not receive any injuries and has denied the suggestion that she had deposed on the basis of what she had heard later. She has admitted that she did not accompany her daughter or husband to the hospital and has denied the suggestion that she did not receive injuries and also that she did not accompany her deceased daughter and husband to the hospital and also had not given the name of the boys so identified by her in the court to the police because she was not present at the spot.

According to the witness she is not aware if doctors had treated Gulaba at the village and has stated that she had seen Gulaba when he had passed through her gali in an injured condition and blood was coming out from his head. She has denied the suggestion that she is not aware as to who caused injuries to Gulaba but has admitted that Rajender had not caused injuries to Gulaba in her presence. Here I may observe that the testimony of Kamla does not find any support either from the medical evidence on record showing that Gulaba did not receive any injury on his head and therefore her oral testimony to this effect is liable to be excluded. (Section 92 Indian Evidence Act 1872) Witness has further deposed that she did not tell the police that she had pleaded with the SHO Vinod Kajal to save her and her son St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 227 and has voluntarily added that there was no occasion for the same as the police never come to her or questioned her on that aspect. She is unable to tell the details of the senior officers of the police who had come to the village. She states that she is aware that the police from Hissar had come to the village and has explained that she is aware of the same because the fire brigades had come to the village to drowse the fire.

Witness has denied the suggestion that police had come to her and interrogated her and her family on a number of occasions but she did not tell them all what she has now stated before this court because no such incident had happened and the allegations made against the SHO Vinod Kajal have been now made on tutoring because she want to falsely implicate him. She has denied the suggestion that she has deliberately identified the accused on asking of the prosecution and the investigating agency and in order to to seek revenge for her family. She has denied the suggestion that the house of Chander Bhan is two killas away from her house and states that it is adjoining her house. She has further stated that she had shown the place to the police where she was hiding and also the place where the incident took place with her husband and daughter. She has denied the suggestion that the accused had not come with gandases, dandas, jellies, oil containers to the village and has voluntarily added that they had also got kulharies. She has denied the suggestion that she had been visiting the farmhouse of Ved Pal Tanwar and has explained that she had only gone once to the Tanwar farm only when the last rites of her daughter were being performed there. The witness has denied the suggestion that she is deposing falsely only to strengthen the case of the prosecution.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 228 Medical Evidence/ witnesses:

PW51 Dr. Sandeep Kumar, Medical Officer, PHC, Mirchpur, has deposed that on 21.04.2010 he was posted as Medical Officer at CHC Narnaund and on that day at about 9:30 PM he examined Gulaba Ram, S/o Jai Lal and found simple injuries on his body details of which are given on the MLR already Ex.PW48/A and he had informed the SHO on the same day with regard to the admission of Gulaba Ram in the hospital which is Ex.PW51/A.

During his cross examination by Ld. Defence counsels witness admits that the MLR reflects simple injury i.e. abrasions. Witness admits that the injuries on the knees could be on account of a fall and the abrasion on the back could also on account of a fall but on query from the court he has explained that this injury was possible on account of being hit by a danda.

PW52 Dr. Puneet, MO, General Hospital, Hissar, has deposed in the court that on 21.04.2010 he was posted as Medical Officer at General Hospital, Hissar and on that day Tara Chand, S/o Sawaroop Singh had been brought to General Hospital, Hissar at 2:30 PM at that time he was conscious and oriented. His ME Ex.PW52/A was prepared by Dr. Dinesh who is no longer employed in the hospital but he can identify his signatures at point A having seen him signing in official discharge of his duties as he was his colleague (I may observe that Dr. Dinesh could be traced and has been later examined as PW68). He has proved the bed head ticket of Tara Chand which is Ex.PW52/B and has also deposed that postmortem was carried out on the dead body of Tara Chand, S/o Swaroop Singh on 22.4.2010 by him on which the following injuries were observed:-

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 229

1. Superficial to deep burns were present all over the body except both axillary region and inguinopubic region. Red line of demarcation was present between healthy and burnt tissue.

2. Membranes of brain were oedematous and congested.

3. In thorax both lungs were congested and oedematous. On cut sections, both the lungs were containing soot particles and were congested and were oedematous.

4. Whole body organs were congested.

Witness has further deposed that the postmortem report is Ex.PW52/C which was signed by Dr. Ahlawat and Dr. Sharma in his presence.

Witness has further deposed that the cause of death as per report is due to extensive burns and its complications which were antemortem in nature and sufficient to cause death in ordinary course of nature which opinion is mentioned at point mark X of the report.

This witness has further proved that the postmortem was carried out on the dead body of Suman on the same day i.e. 22.04.2010 and has proved the postmortem report which is Ex.PW52/D which shows that all clothing were semi-burnt soiled with soot particles and mud. Further the following injuries were also observed:-

1. Superficial to deep burns were present all over the body except pubic region right upper thigh region. Whole body was oedematious. Burn fractures were present in both hands over distal phalanges. Red line of demarcation was present between burnt and unburnt area.

2. Trachea was congested and contained secretions with a mixture of black soot particles. Both lungs were congested. On cut sections soot St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 230 particles oozed out.

Witness has further deposed that the cause of death was due to shock as a result of extensive burns which were antemortem in nature and sufficient to cause death in ordinary course of nature which opinion has been given at point mark Y.

He has deposed that Dr. Amit is his colleague and is working at General Hospital, Hissar and he can identify his signatures and he has prepared the MLR of the injured Sunita, Shanti and Aman. Witness has further deposed that the MLR of Shanti is (Ex.PW52/D1) which does not show any injury as she has only kept under observation; the MLR of Sunita is Ex.PW21/A who had been referred for X-Ray and the MLR of Aman which is Ex.PW22/A showing simple injuries.

The witness has further deposed that on 02.05.2010 he had examined Sandeep S/o Satpal whose MLR is Ex.PW28/A showing that the patient had received simple injuries. Witness has further deposed that on the same day he examined Sunil S/o Ved whose MLR is Ex.PW13/A showing that he had received simple injuries.

Witness has further deposed that on 04.05.2010 Dr. Dalel had examined Angoori W/o Dalip and had prepared MLR which is Ex.PW52/E which MLR does not show any injuries and on the same day Dr. Dalel had examined Suman W/o Raghubir whose MLR is Ex.PW52/F showing that she had received simple injuries. He has deposed that on the same day Dr. Dalel also examined Pooja D/o Surta vide MLR Ex.PW19/A showing simple injuries. Witness has further deposed that on the same day Dr. Dalel also examined Isro W/o Pasha Ram vide MLR which is Ex.PW16/A showing simple injuries and Dr. Dalel examined Krishna W/o Raghubir vide MLR Ex.PW15/A St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 231 showing injuries as simple injury.

During his cross examination by Ld. Defence counsels witness has deposed that the patients Sunil and Sandeep who had been examined by him gave him the history as that of assault at village Mirchpur but they did not tell him who caused the injuries. Witness has further deposed that he did not ask both the patients where they got himself treated on 21.04.2010 and has voluntarily added that he did not notice any injury on the body of Sandeep which required any immediate treatment. Witness has further deposed that Sandeep did not have any injuries and therefore no injury reflect on the MLR and Sunil had an old lacerated wound on left toe of left foot of size .5 x 1cm. Sunil only told him that he received injury on what had happened in the village Mirchpur but he did not name any person.

He has denied the suggestion that he never carried out the postmortem of Suman and has voluntarily added that he was a part of the medical board which was constituted for conducting the postmortem of Suman. The witness has further denied the suggestion that he was not present at the time when the postmortem of Suman was conducted and he only signed the same.

PW53 Dr. Sourabh Arora, MO, PHC, Jattanwali Tehsil, Dabwali, Sirsa, has deposed that on 21.04.2010 he was posted at General Hospital, Hansi as Medical Officer and on that day he had examined Raj Kumar S/o Kapoora, Dhoop Singh S/o Rattan Singh, Sanjay S/o Satpal, Abhishek S/o Sanjay and Sandeep @ Sanjip S/o Raj Kumar. He has proved the MLR of Raj Kumar S/o Kapoora is Ex.PW34/A showing as many as five injuries and he was kept under observation; MLR of Dhoop Singh S/o Rattan Singh which is Ex.PW29/A showing St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 232 three injuries and the patient was kept under observation; MLR of Sanjay S/o Satpal which is Ex.PW53/A showing three injuries and the patient was kept under observation; MLR of Abhishek S/o Sanjay which is Ex.PW53/B showing one injury of simple nature and the MLR of Sandeep @ Sanjip S/o Raj Kumar which is Ex.PW53/C showing two injuries and one injury was opined as simple and for the other injury he was kept under observation. The witness has further deposed that he had send the information regarding admission of Raj Kumar and Dhoop Singh to the SHO Police Station Narnaund which information is Ex.PW53/D.

In his cross examination by Ld. Defence counsels the witness has admitted that none of the patients told him the names of the persons who had assaulted them or caused injuries to them.

PW56 Dr. Vishal Goel has deposed that on 2.5.2010 he was posted as Medical Officer, General Hospital, Hissar and on that day he had examined Ashok S/o Maha Singh, Satbir S/o Risala, Chanderpati W/o Sajna, Kelawati W/o Jai Singh, Ajmer Singh S/o Balbir, Satbir S/o Bhale Ram and Sunita W/o Surta and has proved their Medico- Legal Reports.

He has proved the MLR of Ashok S/o Maha Singh which is Ex.PW25/A showing two injuries both of which are Simple; MLR of Satbir S/o Bhale Ram which is Ex.PW23/A bearing two injuries both of which are Simple; MLR of Ajmer Singh S/o Balbir which is Ex.PW56/A showing three injuries all of which are Simple; MLR of Chanderpati W/o Sajna which is Ex.PW18/A showing two injuries both of which are Simple; MLR of Kelawati W/o Jai Singh which is Ex.PW20/A showing three injuries all of which are Simple; MLR of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 233 Satbir S/o Risala which is Ex.PW56/B showing only one injury which is Simple and the MLR of injured Sunita W/o Surta which is Ex.PW56/C showing only one injury which is Simple blunt.

In his cross examination witness admits that none of the injured disclosed the names of any of the assailants to him. According to the witness a doctor can only tell the approximate duration of the injury but not the exact time and states that in the present case he had mentioned the details with regard to the history as told to him by the injured and not by approximation. He has denied the suggestion that he had mentioned the alleged history of his own level and the patient had not told him about the same. Witness has denied the suggestion that the MLRs have been prepared in connivance with the patients only for the purposes of helping the patient to secure compensation from the patient.

PW58 Dr. Arun Kumar, MO PHC Village Mirchpur has deposed that on 21.04.2010 he was posted as Medical Officer at CHC Narnaund, Distt. Hissar and on that day he had examined one Mahajan S/o Satpal who had been brought by the police from village Mirchpur for examination and was having injuries on his forehead. Witness has further deposed that he examined him vide MLR Ex.PW38/A and he had three injuries two of which were blunt and the third one was lacerated. Witness has further deposed that the opinion had been reserved because he had head injury and there was nasal bleeding and the patient was referred on the next day to General Hospital, Hissar for further management.

In his cross examination by Ld. Defence counsels witness has deposed that the patient did not tell him the name of any assailant but only told him that he has sustained in the fight which was taken place at St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 234 village Mirchpur. Witness has further deposed that the police officers who accompanied injured did not tell him the name of any assailant.

PW59 Dr. Pale Ram, MO, CHC, Narnaund, has deposed that on 30.04.2010 he was posted as Medical Officer at CHC Narnaund, Distt. Hissar and on that day he had examined twenty nine patients all from village Mirchpur. He has proved having gone to village Mirchpur on a telephonic message from Civil Surgeon, Hissar and has further proved that at village Mirchpur DSP Abhay Singh produced before him twenty nine persons for examinations stating that they were the injured in the incident which took place on 21.04.2010. He has has further proved that he along with his team comprising of Dr. Arun Kumar and Dr. Tarun Kumar examined these persons and has proved the Medico-Legal Reports of the patients so examined by him.

Witness has proved the MLR of Sushil S/o Surta which is Ex.PW25/A and has explained that though the patient was complaining of pain but there were no signs of injury and therefore no opinion was given; the MLR of Rajbir S/o Baje Singh which is Ex.PW59/A showing that there was one injury simple in nature which was of five to ten days old; MLR of Sanjay S/o Raja Ram which is already Ex.PW36/A showing that the patient was complaining of pain but there was no apparent sign of injury and therefore no opinion was given; the MLR of Ravi S/o Mahender which is Ex.PW27/A showing that there were two partially healed wounds of seven to fourteen days old which were simple in nature; the MLR of Raju S/o Pasha Ram which is Ex.PW26/A showing that the patient was complaining of pain but since there was no apparent sign of injury therefore no opinion was given; the MLR of Monica D/o Ramesh which is Ex.PW59/B showing two St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 235 injuries five to ten days old which were simple in nature; the MLR of Bindu D/o Suresh which is Ex.PW59/C showing one injury five to ten days old which were simple in nature; the MLR of Raj Mal S/o Poker which is Ex.PW59/D showing two injuries five to ten days old which were simple in nature; the MLR of Priya D/o Jagdish which is Ex.PW59/E showing one injury five to ten days old which was simple in nature; the MLR of Rani D/o Sanjay which is already Ex.PW33/A showing that she was neither having any injuries nor complained of it as such; the MLR of Karambir S/o Balbir which is Ex.PW59/F showing one injury five to ten days old which was simple in nature; the MLR of Pali W/o Jagdish which is Ex.PW59/G showing one injury five to ten days old which was simple in nature; the MLR of Nawab S/o Laxman which is Ex.PW59/H showing one injury one to three days old which was simple in nature; the MLR of Sheela W/o Subhash which is Ex.PW32/A showing that she was neither having any injury nor complained of it as such and therefore no opinion was given; the MLR of Jai Prakash S/o Tek Ram which is Ex.PW59/I showing one injury five to ten days old which was simple in nature; the MLR of Karan Singh S/o Tek Ram which is Ex.PW59/J showing two injuries five to ten days old which were simple in nature; the MLR of Naseem S/o Karan Singh which is Ex.PW59/K showing one injury five to ten days old which was simple in nature; the MLR of Santra W/o Satyawan which is Ex.PW30/A showing that she was not having any injury nor she complained of it and therefore no opinion was given; the MLR of Yogesh S/o Jai Prakash which is Ex.PW59/M showing that he was not having any apparent injury but was complaining of pain in the right index finger due to which reason no opinion was given; the MLR of Poonam D/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 236 Chander Pala which is Ex.PW59/N showing one injury five to ten days old which was simple in nature; the MLR of Jagbir S/o Nawab which is Ex.PW59/O showing one injury five to ten days old which was simple in nature; the MLR of Ashok S/o Jagdish which is Ex.PW59/P showing that the patient was not having any injury and had no complaint and therefore no opinion was given; the MLR of Ram Phal S/o Risala which is Ex.PW8/A showing that the patient was having no injuries nor had any complaints and therefore no opinion was given; the MLR of Kamlesh W/o Jai Prakash which is Ex.PW59/Q showing that she was having no injuries nor she was having any complaint and therefore no opinion was given; the MLR of Meena Kumar S/o Satpal which is already Ex.PW37/A showing that the patient was having no injuries nor he was having any complaint and therefore no opinion was given; the MLR of Radha W/o Sandeep which is Ex.PW59/R showing no injury nor she was having any complaint and therefore no opinion was given; the MLR of Madho W/o Tek Ram which is Ex.PW59/S showing that the patient was having no injury nor she was having any complaint due to which reason no opinion was given and the MLR of Murti W/o Karan Singh which is Ex.PW59/T showing that she was not having any injuries nor had any complaint due to which reason no opinion was given.

In his cross examination by Ld. Defence counsels the witness has admitted that no definite duration of the injury could be given and has voluntarily added that he had only given the duration as per his own approximation. He has also admitted that none of the patients whom he had examined told him the names of the assailants and that even the DSP who produced the patients before him did not give any St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 237 names of the persons who had allegedly assaulted them.

PW63 Dr. T. P. Sharma has deposed that on 21.04.2010 he was posted as MO, at General Hospital, Hissar and on that day he had conducted the X-Ray of Raj Kumar S/o Kapoora and Dhoop Singh S/o Ratan Singh. Witness has further deposed that the X-Ray report of Raj Kumar S/o Kapoora is Ex.PW63/A showing that he did not suffer from any bony injury. He has further proved the X-Ray report of Dhoop Singh S/o Rattan Singh which is Ex.PW63/B showing that he had suffered fracture of left humerous. He has further proved that on 22.04.2010 he had conducted the X-Ray examination of Gulaba Ram S/o Jalal and Mahajan S/o Satpal whose X-Ray reports are Ex.PW63/C and Ex.PW63/D respectively.

In his cross examination by Ld. Defence counsels the witness admits that he cannot tell the cause of injury from the X-Ray report i.e. whether it was inflicted or could have been on account of a fall.

I may observe that the perusal of the X -Ray reports of Gulaba Ram which is Ex.PW63/C and Mahajan which is Ex.PW63/D show that they had not received any bone injury and it is evident that the only person who suffered bone injury in the form of fracture was Dhoop Singh.

PW68 Dr. Dinesh Kumar is the Medical Officer who was posted at General Hospital, Hissar on 21.4.2010 and was on duty when Tara Chand S/o Swaroopa had been brought to the hospital with alleged history of burns sustained at Village Mirchpur, Narnaund. He has deposed that he medically examined the patient Tara Chand who was found with superficial to deep burns all over the body with skin denuded St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 238 at multiple places, bulla filled with water and burns sparing the perineal area. A red line was present between the burnt and unburnt area. He has proved that the burnt area correspondent to 99% and has deposed that the injured was kept under observation for surgeon's opinion. He has proved the MLR of Tara Chand which is already Ex.PW52/A bearing his signatures at point A and endorsement encircled at point B showing that when Tara Chand was brought to the hospital, he was conscious and oriented. He has also proved the bed ticket which is already Ex.PW52/B bearing his signatures at point A and also proved the portion written by him at points encircled X. He has further deposed that at 2:30 PM the patient Tara Chand was examined and he was unconscious and not oriented. His Blood Pressure and pulse were not recordable and at that time he was given IV fluids. He has further deposed that his duty was till 8PM but at 6 PM the patient was referred to PGIMS Rohtak.

According to this witness, the Judicial Magistrate had come to the hospital and recorded the statement of the patient at about 5:15- 5:30 PM and at that time the patient was conscious. He has deposed that before the statement of the witness was recorded, the fitness was given by him on Ex.PW55/A at point already mark B bearing his signatures at point D and also at point encircled C bearing his signatures at point E. He has further deposed that the said fitness was given by him before and after recording of the statement by the Ld. Judicial Magistrate. He has also deposed that the police had also recorded the statement of the patient and prior to the same he had given the fitness to the police on the application of SI Bane Singh already Ex.PW64/B at point already encircled B bearing his signatures at point X. He has also identified his signatures on the statement of the patient recorded by the police which is St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 239 already Ex.PW64/C at point D and has proved the police information already Ex.PW64/A bearing his signatures at point X1 and endorsement encircled at point X2. He has further clarified that Tara Chand was shifted from the hospital only at 6PM and not prior to that.

In his cross examination by Ld. Defence counsel witness has deposed that the endorsement encircled X1 on Ex.PW52/B has not been written by him and has voluntarily added that it is in the handwriting of Dr. Sunita Garg (DW44). He has further admitted his handwriting and signatures at point X1 on the police information Ex.PW64/A and has also the signatures of the chowki incharge whose name he does not recollect at point X2. The witness has been further cross-examined at length on the police information Ex.PW64/A and he has clarified that his document is only an information sent to the police along with the MLR and that the patient is never sent along with this information to the police as suggested by the Ld. Defence counsel. He has further deposed that the time 2:45 PM is in the handwriting of the chowki incharge. He has further deposed that Ex.PW64/D is not in his handwriting and has voluntarily stated that it is in the handwriting of Dr. Vishal Goyal whose handwriting he can identify. Witness has further denied the suggestion that the injured has been sent to the PGMS Rohtak at 2:45 PM and was again received back dead at 8PM and has voluntarily added that he was referred at 6 PM but he is unable to tell when his body was received back since he was not on duty at that time. Witness has denied the suggestion that he had handed over Ex.PW52/B to the Investigating Officer during the investigations and not on the date of the incident or that he had manipulated the endorsement of 6PM subsequently at the instance of the Investigating Officer. He has admitted that at 2:30 PM the injured Tara St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 240 Chand was not in a position to speak being unconscious and his BP and pulse being not recordable and has stated that he did not record anywhere on the bed head ticket Ex.PW52/B when Tara Chand had regained consciousness and was fit to make a statement.

Witness has denied the suggestion that Tara Chand had never regained consciousness so as to be able to make the statement or that once BP and pulse are not recordable a patient cannot be conscious and fit to make a statement and has explained that consciousness is different from recording the Blood Pressure and pulse. He has also admitted that he had not recorded the fitness of Tara Chand in the MLR and voluntarily states that it was given on the application and also the statement recorded before him. Witness has further denied the suggestion that the fitness has not been given on the MLR EX PW 52/A because Tara Chand was never fit for statement and it was only as a cover up for the investigations that he made this endorsement on the statement recorded by the Investigating Officer and by the Judicial Magistrate at the instance of the investigating agency. Witness has further denied the suggestion that statement of Tara Chand was not recorded in his presence and he had only attested the same at the instance of the Investigating Officer. On a specific query from the Court he has stated that when the statement of Tara Chand was recorded by the Investigating Officer his son Amar Lal was present but when the Judicial Magistrate recorded his statement Amar Lal was sent outside the room.

Police/ official witnesses:

PW1 ASI Raghubir Singh is a formal witness who had taken the pullandas to FSL Madhuban which aspect he has proved in his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 241 testimony recorded by way of affidavit Ex.PW1/1 (as per the provisions of Section 296 Cr.P.C.). The witness has been cross-examined but nothing much has come out of the same.

PW2 EASI Manohar Lal is a formal witness who had been handed over three envelopes which he delivered to his senior officers that is Illaka Magistrate, Deputy Superintendent of Police Hansi and Superintendent of Police Hissar as directed which aspect he has proved by way of affidavit Ex.PW2/1 (as per the provisions of Section 296 Cr.P.C.).

This witness has been cross-examined at length with regard to the affidavit and the manner in which it was prepared. He has also been cross-examined on merits wherein he has stated that he was not ware of the contents of the envelopes which were closed though not sealed. He has proved having made an entry regarding his departure and return in the Roznamcha (daily dairy register). According to the witness, the envelopes were given to him in the Police Station Narnaund at about 8.45-9.00PM pursuant to which he made the Ravangi in the police station vide DD No. 39 (which is in the handwriting of Chittha Munshi) and he reached the house of the Illaqa Magistrate which is at a distance of 25 kilometers from the Police Station at about 10.30-11.00 PM. He has further proved that thereafter he delivered the envelope at the house of Deputy Superintendent of Police Hansi which is situated near Hansi Bus stand and thereafter he went to the house of Superintendent of Police at Camp Chowk, Hissar where he reached at about 12.30AM (midnight). He has further proved that he reached back at Narnaund Police Station at 2.30AM and made made an entry in the rozanamacha vide DD no.3 dated 22.4.2010 (which is the hand of DD writer). He has further proved St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 242 that his statement was recorded on 27.04.2010.

PW3 ASI Miyan Singh is a formal witness being the photographer posted at SP Office Hissar since 1986 who had taken 109 photographs from his digital camera which are Ex.PW3/A-1 to Ex.PW3/A-109 and also having prepared the CD of the said photographs which CD is Ex.PW3/B which fact he has proved in his examination in chief by way of affidavit which is Ex.PW3/1 (as per the provisions of Section 296 Cr.P.C.).

In his cross-examination the witness has deposed that he had taken the photographs with a digital camera having a memory card which memory card he did not handover to the investigating officer since it was not required as more photographs were required to be clicked from the same camera. According to this witness the photographs clicked by him were from the digital camera which had been officially issued to him and were also taken from another camera issued in the name of other photographer namely Ct. Anil. He has proved that he left the SP Office at about 12 - 12:30 noon on 21.4.2010 and a departure had been made by him in this regard as a combined entry of CIA Staff. He has proved that village Mirchpur is about 60 kilometers from the SP Office Hissar where he had gone along with the other force which had gone from the Civil Line Police Station. He has further proved having handed over the copies of the photographs to the investigating officer but has explained that he did not mention the identity of the houses whose photographs had been taken by him and has explained that he had only taken the photographs of those places and houses which he was instructed to take by the SP and has stated that he did not take any photograph of his own. He has stated that he remained at the spot till evening and took the photographs till St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 243 6:00 pm but is unable to recollect if DSP Abhay Singh the first investigating officer also remained at the spot till 6 pm. He has further deposed that though he was in the village on 22.4.2010 also but he did not take any photographs on the said day. He has further proved that he had delivered the photographs to DSP Abhay Singh on 25.4.2010.

PW4 Ct. Devi Lal is a formal witness who had prepared the video CD which CD is Ex.PW4/A and was taken into possession vide memo Ex.PW4/B which he has proved in his examination in chief by way of affidavit Ex.PW4/1 (as per the provisions of Section 296 Cr.P.C.).

In his cross-examination the witness has proved having prepared the video recording from a Handicam which had been officially issued in his name and has further proved that he had made the video recording on 22.04.2010 in the mortuary of Civil Hospital, Hissar and on 23.04.2010 at the cremation ground at Village Mirchpur. He has stated that he had made the departure entry in the rozanamacha on 22.04.2010 and has stated that the return (wapsi) was made by him on 23.04.2010 though he is unable to tell the DD numbers. He has admitted that he did not handover the memory card of his handicam to the investigating officer and only handed over the CD to the investigating officer on 25.04.2010 at DSP Office, Hansi.

PW5 Ct. Anil Kumar is a formal witness who has proved having prepared the Video CD which is Ex.PW5/A which was seized vide memo Ex.PW4/B which aspect he has proved in his examination in chief by way of affidavit Ex.PW5/1 (as per the provisions of Section 296 Cr.P.C.).

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 244 In his cross-examination the witness has proved that the video recording was done with the handicam officially issued in his name which handicam possessing a hard disk and an internal memory and states that he did not handover the memory card to the investigating officer and has explained that it was not required since the CD had been prepared and handed over to the investigating officer. He has further proved that he left the Police Station Civil Lines at about 12-12:30 noon on 21.4.2010 and has stated that no separate departure or return had been made by him separately since he had gone to village Mirchpur along with the force. The witness has testified that he met DSP Abhay Singh at village Mirchpur and made the video recording at village Mirchpur till about 3.45 - 4.00PM. According to him, DSP Abhay Singh was present in village Mirchpur till that time i.e. 4.00PM and he left village Mirchpur around 10.00PM but he does not recollect if DSP Abhay Singh was still present till that time. He has further deposed he had made the video recording at the directions and instructions of a Head Constable and not of his own. According to the witness, he had delivered the CD to DSP Hansi at his office at Hansi on 25.4.2010 but is unable to tell whether he had made the departure entry at Police Station Civil Lines, Hissar on 25.04.2010 with regard to his visit at DSP Office, Hansi and the corresponding return (wapsi) on the same day.

PW6 EASI Bir Bhan is a formal witness being the MHCM Police Station Narnaund at the time of incident who has proved having made the entry no.510 and 511 in register no.19 copy of which is Ex.PW6/A which aspect he has proved in his examination in chief by way of affidavit Ex.PW6/1 (as per the provisions of Section 296 Cr.P.C.). At the time of examination of this witness one page of the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 245 register no.19 containing column no. 5, 6, 7 and 8 was observed to be torn and therefore an endorsement was made by this Court with a red pen in the register no.19.

In his cross-examination the witness has denied the suggestion made by the Ld. Defence Counsel that the entries at column No.5, 6, 7 and 8 had been manipulated by him due to which reason one page in the register has been torn. According to him, the page was already torn but he did not make any endorsement either in the register or any of the official record nor did he tell the investigating officer that one page was already torn from the register. He has admitted that the entries made in column no.1 and 2 are in a different ink and the entries in column no.3 and 4 are in different ink but has stated that the ink is different because the refill of the pen had finished.

PW54 HC Subhash Chand is the formal witness being the Draftsman who had gone to village Mirchpur on 27.04.2010, 28.04.2010, 29.04.2010 and on 30.04.2010 and prepared the scaled site plans on the pointing out of the victims of the area where the houses were burnt and properties were damaged which site plans are Ex.PW54/A1 to Ex.PW54/A33. He has further proved having prepared the consolidated scaled site plan of the village along with the marginal notes which is Ex.PW54/B .

This witness has been duly cross-examined by Ld. Defence counsels but nothing has come out of the same.

PW55 Sh. Harish Goyal, J.M.1st Class, Ambala has appears in the court and proved that on 21.04.2010 he was posted as Judicial Magistrate, 1st Class, Hissar and had gone to General Hospital Hissar where he recorded the statement of the deceased Tara Chand. According St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 246 to the witness on 21.4.2010 Investigating Officer ESI Bani Singh had moved an application Ex.PW55/A before him at 5:15 pm for getting the statement of Tara Chand recorded on which he proceeded towards general hospital, Hissar where he reached at 5.30 pm. There he met Dr. Dinesh Kumar Prajapat, Medical Officer and proceeded towards bed no.6 where Dr. Dinesh Kumar Prajapat gave the certificate regarding the fitness of Tara Chand to make his statement on which he recorded the statement of Tara Chand which is Ex.PW55/B bearing the fitness certificate of Dr. Dinesh Kumar Prajapat at point Mark B and also at point Mark C which certificate he had given after he completed the recording of Tara Chand. He has also proved his certificate which is Ex.PW55/C .

In his cross examination by Ld. Defence counsels the witness has deposed that the forwarding letter present on record is dated 23.4.2010 but has explained that since the proceedings had completed on 21.4.2010 in the late evening hours after 5:00 pm he had therefore handed over the sealed proceeding to his Ahlmad on the next working day which were forwarded to the concerned Magistrate his signatures on Ex.PW55/DX1 at point A. Witness has denied the suggestion that all the other documents accompanying the forwarding letter Ex.PW55/DX1 were also written on 23.4.2010 and has voluntarily stated that they were all written on 21.4.2010 but dispatched on 23.4.2010 in accordance with rules. Further, in his cross-examination the witness has admitted that the Dying Declaration was not sealed on 21.4.2010 and has voluntarily explained that it remained in his possession till such time it was sealed by the Ahlmad in his presence on 23.4.2010. He has denied the suggestion that he recorded the statement of Tara Chand in routine St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 247 without observing the necessary safe-guards.

PW57 SI Manjeet Singh who was posted as Sub Inspector at Police Station Narnaund, District Hissar on 21.4.2010 has proved having joined investigations along with Sh. Abhay Singh, DSP Hansi. He has proved that on the directions of DSP Sh. Abhay Singh, he had lifted the ashes from five houses pointed out by him which had been completely burnt which ashes were picked up from the houses of Sanjay, Sunita, Dilbagh, Gulab @ Gulaba and Chander Bhan. According to him, after picking up the ashes he converted the same into pullandas by putting them into polythene bags and thereafter with a white cloth and stitched the same and put his seal of SP on the said pullandas. He has further deposed that seal after use was handed over to ASI Dharamvir and the five sealed pullandas bearing the details of the houses from where they had been lifted, were handed over to DSP Sh. Abhay Singh which seizure memo of the ashes prepared by DSP Sh. Abhay Singh is Ex.PW57/A. He has further proved the arrest of Viren, Dinesh and Naresh on 23.4.2010 by DSP Sh. Abhay Singh and has stated that the said boys were thereafter interrogated them in his presence when they disclosed their involvement in the present case which disclosure statement of Viren S/o Yashpal is Ex.PW57/B and of Dinesh S/o Prem Singh is Ex.PW57/C. He has further proved that his statements were recorded by the Investigating Officer on 21.4.2010 and also on 23.4.2010.

In his cross examination by Ld. Defence counsels at length but nothing much has come out of the same. He has denied that he had never joined investigations with DSP Sh. Abhay Singh or that the documentation was done while sitting in the Police Station which he had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 248 signed at the instance and directions of DSP Sh. Abhay Singh.

I may observe that in so far as the disclosure statements of accused Viren and Dinesh are concerned, they were made at the time when the accused were in police custody and pursuant to the same there is no disclosure of fact or recovery and are therefore inadmissible in evidence.

PW60 ASI Sadhu Ram who was posted as Incharge Police Post Bhass Police Station Narnaund, District Hissar on 21.4.2010 and had joined investigations along with Sh. Abhay Singh, DSP Hansi after receiving telephonic information regarding the incident at village Mirchpur, has proved that on the directions of DSP Sh. Abhay Singh, he had lifted the ashes from two houses belonging to Rajesh and Dhoop Singh pointed out by him which had been completely burnt after which he converted the same into pullandas by putting them into plastic polythene bags and thereafter in a white cloth and stitched the same and put the seal of SS on the said pullandas and the seal after use was handed over to ASI Dharamvir. He has also proved that these two sealed pullandas which were bearing the details of the houses from where they had been lifted, were handed over to DSP Sh. Abhay Singh who seized the same vide memo Ex.PW57/A after which his statements were recorded by him on the same day that is 21.4.2010.

In his cross examination by Ld. Defence counsels the witness has denied not having joined the investigations with DSP Sh. Abhay Singh or having signed the seizure memo at the instance and directions of DSP Sh. Abhay Singh in the police station.

PW61 ASI Satbir Singh posted as ASI at Police Station Barwala, Distt. District Hissar on 21.4.2010 has proved having joined St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 249 investigations with Sh. Abhay Singh, DSP Hansi on receipt of information from SP Hissar. He has proved that on the directions of DSP Sh. Abhay Singh, he lifted the ashes from six houses belonging to Sube Singh, Satyawan, Manoj, Rajesh, Sanjay and Rajender on pointing out by DSP Sh. Abhay Singh which houses were completely burnt. He has further proved that after the ashes were picked up from the above houses he converted the same into pullandas by putting them into plastic polythene bags and thereafter with a white cloth and stitched the same and put his seal of SS on the said pullandas which seal after use was handed over to ASI Dharamvir and the six sealed pullandas bearing the details of the houses from where they had been lifted, were handed over to DSP Sh. Abhay Singh who prepared the seizure memo which is Ex.PW57/A after which his statements were recorded on the same day that is 21.4.2010.

In his cross examination by Ld. Defence counsels he has denied that he had not joined the investigations with DSP Sh. Abhay Singh or that seizure memo had been prepared in the Police Station which he signed at the instance and directions of DSP Sh. Abhay Singh.

PW62 ASI Om Prakash who was posted as ASI at Police Station Barwala, Distt. District Hissar has proved having joined investigations along with Sh. Abhay Singh, DSP Hansi on receipt of information from SHO of Police Station Barwala, Hissar. He has proved having lifted the ashes from two houses belonging to Ramphal and Ram Niwas both sons of Rajmal (members of 'B' community) as pointed out to him by DSP Sh. Abhay Singh which houses were completely burnt. He has further proved that the ashes were thereafter converted into pullandas by putting them into plastic polythene bags and thereafter with St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 250 a white cloth and stitched the same and put his seal of OP on the said pullandas and the seal after use was handed over to ASI Dharamvir and the two sealed pullandas bearing the details of the houses from where they had been lifted, were handed over to DSP Sh. Abhay Singh who prepared the seizure memo which is Ex.PW57/A after which his statement was recorded on the same day that is 21.4.2010.

In his cross examination by Ld. Defence counsels the witness has denied not having joined the investigations with DSP Sh. Abhay Singh or that the seizure memo had been prepared while sitting in the Police Station which he signed at the instance and directions of DSP Sh. Abhay Singh.

PW64 SI Bani Singh was posted as Special Staff Incharge, Hansi on 21.4.2010 and has proved that at about 9-9:30 AM while he was present in the court premises at Hansi, he received an information from WTO by telephone and also by wireless regarding quarrel at Mirchpur village on which he reached there along with his force at about 10:30-11AM where he found smoke emerging/ simmering in the Harijan basti. He has further deposed that he found persons from both the communities that is 'J' community and 'B' community present there and persons from the 'J' community were coming towards the 'B' Basti from the village side taking the main gali while Inspector Vinod Kumar (accused Vinod the then SHO Police Station Narnaund) used force on the persons from the 'J' community who thereafter ran towards the western side of the village. He has also deposed that after about one hour SP, Hissar reached the spot and fire brigades also came to the village along with the additional police force. He has stated that after the SP Hissar reached the village the crowd again stated collecting and therefore on the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 251 instructions of the SP Hissar force was used to disperse the crowd and fire brigades which had come to the village were put in use to control and extinguish the fire. According to him during this period information was received by SP Hissar that there was fire in the house of Tara Chand in which Tara Chand and his daughter Suman were burnt and were lying in burnt condition in said house, on this they went to the house of Tara Chand where they found that there was fire in the house of Tara Chand whereas Tara Chand himself was lying outside the house in a burnt condition. Thereafter on the directions of the SP police gypsy was brought to the spot and Tara Chand who was alive at that time was immediately shifted to General Hospital, Hissar along with his son Amar Lal and nephew Ashok and he (witness) accompanied them at General Hospital, Hissar where Tara Chand was got admitted and the doctor on duty handed over to him the MLR which is Ex.PW52/B and the rukka Ex.PW64/A while he started his treatment. According to the witness he thereafter wrote an application for getting the statement of the injured Tara Chand recorded which application is Ex.PW64/B bearing his signatures at point A on which application the doctor opined Tara Chand fit for statement which opinion is encircled at point B and thereafter he recorded the statement of Tara Chand in the presence of Dr. Dinesh Kumar and the son of Tara Chand namely Amar Lal which statement is Ex.PW64/C bearing the thumb impressions of the deceased Tara Chand at point A, his signatures at point B, signatures of Amar Lal at point C and the signatures of Dr. Dinesh at point D. The witness has clarified the error in the month while recording the date which has been shown as 21.5.2010 at point E and therefore is now required to be read as 21.04.2010. He has stated that after recording the statement he read out St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 252 the same to Tara Chand and Tara Chand after hearing the same and understanding it put his thumb impressions at point A. According to the witness after completing this statement he reported and apprised the senior officers including SP Hissar and DSP Hansi of the same on which they were of the view that the statement of Tara Chand should be got recorded before the Judicial Magistrate and therefore he went to Hissar Court complex and moved an application before Ld. Duty Magistrate Hissar which application is Ex.PW55/A bearing his signatures at point B. He has deposed that the said application was presented before Sh. Harish Goyal, Duty Magistrate (PW55) who thereafter came to the General Hospital, Hissar himself and recorded the statement of Tara Chand. He has further deposed that after the statement of Tara Chand was recorded by the Ld. Duty Magistrate his condition deteriorated and he was referred to PGI, Rohtak by the doctors but since his condition had become very serious they immediately shifted him to Soni Burns Hospital, Hissar in an ambulance where they met Dr. Sunil Kumar who checked Tara Chand and declared him dead and therefore, they brought Tara Chand back to General Hospital, Hissar where the doctor prepared his death rukka which is Ex.PW64/D which he handed over to him. Thereafter the dead body of Tara Chand was got preserved in the mortuary while he kept the rukka and thereafter he called the legal heirs of Tara Chand for conducting further proceedings on which his son Amar Lal told them that their relatives were not in a position to come to the hospital and requested that all proceedings should be conducted on the next day. According to the witness after informing his senior officers of all developments, he came back to the hospital at night and on 22.04.2010 on the directions of DSP Sh. Abhay Singh conduct the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 253 inquest proceedings and prepared the inquest papers which are Ex.PW64/E (collectively running into eight pages) of which Form 25 is Ex.PW64/E1, dead body identification by Suresh is Ex.PW24/A and by Amar is Ex.PW64/E2, inspection of the dead body and the inspection of the mortuary is Ex.PW64/E3, copy of the FIR Ex.PW64/E4 and also attached the photocopy of the dying declaration of Tara Chand along with these inquest proceedings. He has further deposed that therefore he made a request to MO, General Hospital, Hissar for constituting a board to conduct the postmortem of the deceased Tara Chand which request is Ex.PW64/F bearing his signatures at point A. He has proved that after the postmortem of Tara Chand was conducted the body was handed over to Amar Lal vide Ex.PW64/G bearing his signatures at point A and signatures of Amar at point B and thereafter the dead body was handed over to the relatives of the deceased. He has further deposed that he also collected the copy of the postmortem report which is Ex.PW52/C bearing his signatures at point D and came to the court premises at Hansi where DSP Sh. Abhay Singh was producing some accused before the court after which he handed over all the papers to DSP Sh. Abhay Singh.

According to the witness, on 23.04.2010 on the directions of DSP Sh. Abhay Singh he went to General Hospital, Hissar where five injured namely Gulab Singh S/o Jai Lal, Dhoop Singh S/o Ratan Singh, Raj Kumar S/o Kapoora, Sandeep S/o Raj Kumar and Mahajan S/o Satpal were admitted and he moved an application before the Medical Officer, Hissar for recording the statements of the above injured which application is Ex.PW64/H bearing his signatures at point A. After the doctor declared all the above injured fit for statement vide endorsement encircled B he recorded the statements of Gulab Singh, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 254 Dhoop Singh, Raj Kumar, Sandeep and Mahajan and returned to the office of DSP Hansi and handed over the statements to the DSP.

According to the witness, on 21.05.2010 he again joined the investigations along with DSP Tula Ram on which day DSP Tula Ram had recorded the disclosure statement of Rajender S/o Pale who was in his custody which statement is Ex.PW64/I bearing his signatures at point A whereas the remaining investigations were conducted by DSP Tula Ram.

In his cross examination by Ld. Defence Counsels the witness has deposed that had reached village Mirchpur along with five other police officials where SP Hissar was already present along with force of more than hundred persons and according to him, all SHOs of district Hissar were present at the village along with their force. He has denied the suggestion that the entire police force was armed and has voluntarily added that the majority of the force was having lathies and dandas. According to the witness, he had left the village along with injured Tara Chand at about 12:30-12:34 PM (noon) and states that at the time when the force had reached the spot the quarrel/jhagra was still going on. He has denied the suggestion that as soon as they reached village Mirchpur they surrounded the village into nakas and has voluntarily explained that first of all they went along with the Superintendent of Police Hissar to the 'B' Basti and dispersed the crowd. He admits that no arrests were made at the spot till the time he remained in the village nor any arrest were made, nor any exhibits in the form of lathies, jellies oil cans were lifted in his presence and according to him he only saw stones and bricks (rora pathar) lying at the spot when he reached the spot but did not see any lathies, jellies and oil cans etc. He St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 255 has further admitted that the house of Tara Chand is not on the main gali and has voluntarily added that it is one of the bye lanes and there are four to five houses between the house of Tara Chand and the main gali all of whom belonging to 'B'. He has admitted that towards the house of Tara Chand only houses belonging to the members of 'B' community are present and on the other side there are houses of the members of 'J' community. He has further admitted that when he reached the spot he only saw persons from the 'B' community standing in the gali in front of the house of Tara Chand and persons from the 'J' community were not present in the gali but has denied the suggestion that persons from the 'B' community were also standing in the main gali towards the direction of their houses (houses belonging to the members of 'B' community) and has voluntarily added that the members of the 'B' community were only standing in their Basti and not on the main gali. He has admitted that when he left along with the injured Tara Chand SP Hissar was still present in the village and states that he (witness) returned to the village only on 23.04.2010. He has denied the suggestion that they did not take Tara Chand to the proper place where he could have been given the proper treatment for burns but kept him shifting from one place to another and it is due to this reason that he could not be saved and expired. He has denied the suggestion that Tara Chand was not in a fit state to make a statement and he recorded the statement of Tara Chand of his own and fabricated the endorsement from the doctor at point encircled D on Ex.PW64/C (statement of Tara Chand) later on. He has admitted that the doctor has not specifically mentioned at point encircled D that he had examined the patient and found him fit for making statement and has voluntarily added that the doctor had only attested his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 256 statement on Ex.PW64/C whereas the fitness is present on his application. He has denied the suggestion that he had taken the thumb impression of Tara Chand at the instance of his relatives on a blank paper while he was still unconscious and fabricated the statement later on which he got attested by the doctor and obtained the signatures of Amar. He has denied the suggestion that Tara Chand was not in a position to speak at all or that he had not taken the name of any person or that the application Ex.PW64/B was manufactured by him at a later stage on legal advice after getting the statement attested on which he obtained the endorsement of the doctor regarding fitness at point B. He has denied the suggestion that the doctor had never examined Tara Chand before giving the endorsement. He has further denied having shown the statement recorded by him to the Duty Magistrate on the instructions of the SP Hissar at the time he moved the application Ex.PW55/A or that the Duty Magistrate had simply recorded the dying declaration after seeing the statement of Tara Chand as recorded by him (witness). He stated that he reached the court of the duty magistrate at about 4:30 PM and could appear before him only about 5-5:15 PM but has denied the suggestion that the magistrate did not go to the hospital and has voluntarily explained that he had gone to the hospital in his separate car and not with him and also states that he (witness) was not present with the duty magistrate when he had recorded the statement of Tara Chand in the hospital. He has denied the suggestion that the relatives of Tara Chand was present with him when his statement was recorded and has voluntarily added that Ld. Magistrate had directed their removal from the room and recorded his statement only after they had gone out though he admits that he had only met Suresh and Amar both from the family of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 257 Tara Chand in the hospital. He has denied the suggestion that Amar and Suresh only told him that they are not aware of the incident but could only identify the dead body and has voluntarily added that Amar had told him that Tara Chand had sustained burn injuries in the incident dated 21.04.2010 when the persons from 'J' community had set their house on fire. He has denied the suggestion that Amar did not inform him about any of the names of the assailants and has added voluntarily that he had told him about the name of Rajender S/o Pale and Karam Pal. He has further admitted that only the name of Rajender is mentioned in the inquest proceedings and has denied that he has deliberately and malafidely added the name of Karam Pal. He has also denied the suggestion that he has fabricated the statement of Amar Pal Ex.PW64/E2 and had obtained his signatures on the said fabrication. He has admitted that Rajender was not arrested in his presence but has denied the suggestion that Rajender S/o Pale had not made any disclosure statement in his presence and that he had only signed the document prepared by the Investigating Officer Ex.PW64/I while sitting in the police station. He has denied the suggestion that Dhoop Singh Ex.PW 29/PX1, Raj Kumar Ex.PW 34/PX1, Gulab Singh Ex.PW 48/PX1, Mahajan Ex.PW 38/PX1 and Sandeep S/o Raj Kumar which is now Ex.PW 64/DX1 did not make any statement to him and he recorded their statements of his own by fabricating the same. He has denied that Dhoop Singh, Raj Kumar, Gulab Singh, Mahajan and Sandeep had never met him nor they were interrogated by him at any point of time and therefore the question of recording of their statement does not arrive. He has denied the suggestion that he did not go to the hospital or that he had recorded the statement of his own while sitting in the police station.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 258 He has admitted that he was present with the DSP Sh. Tula Ram on 25.05.2010 when the team of the Human Rights Commission headed by Viplava Kumar Chaudhary had visited the village and has further deposed that he does not recollect if DSP Sh. M.S. Yadav, Ashish Kumar and Insp. Krishan Singh Yadav were also present there when the team of Human Rights had visited the village. He also does not recollect if DSP Sh. Tula Ram had prepared a report regarding the visit of the team of Human rights which report he had submitted to the senior officers along with the investigations details. He has denied the suggestion that Amar Pal and Pardeep both the sons of deceased Tara Chand had told them that they were not aware of the incident and how their father and sister had sustained injuries.

PW 65 ASI Bhim Singh was posted at police Chowki Kheri Chowk on 21.4.2010 and has proved that on that day at about 9:30 AM they had received an information from Police Station Narnaund by wireless regarding communal tension between two communities at village Mirchpur resulting into quarrel and they were directed to reach Police Station Narnaund for duty. He has deposed that on receipt of this information he along with his force reached village Mirchpur at about 10:30 AM where already sufficient number of police personnel's were present who were trying to disperse the crowd. He has further deposed that he along with his force went towards the 'B' Basti and the gali along with the main gali where there were houses of both the communities that is 'J' community and 'B' community and stone pelting was still going on between members of both the communities ('J' and 'B') where he also noticed fire and smoke coming from the side of 'B' Basti. He has also deposed that SP Hissar also reached the spot along with his force, fire St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 259 brigade and ambulance and he with the help of his force dispersed the crowd and controlled the situation. The fire was drowsed with the help of fire brigade and he (witness) was directed to remain at the spot on the said day.

According to the witness, on 22.04.2010 at about 7:30 AM he was called to the 'B' Basti at village Mirchpur where Sh. Abhay Singh DSP directed him to get the inquest proceedings conducted in respect of the deceased Suman D/o Tara Chand who had died after sustaining burn injuries in the incident on 21.04.2010 whose dead body was lying at GH, Hansi. He has further deposed that on the directions of the DSP he along with Ct. Karamvir No. 1278 reached hospital at Hansi where they found dead body of Suman at mortuary, where he conducted the inquest proceedings which are Ex.PW65/A collectively running into nine pages, of which Form 25 is Ex.PW65/A1. He has clarified that while he was filling up the Form No. 25 he received information from DSP Abhay Singh that there was a possibility of communal clash at Hansi and the dead body of Suman should be immediately shifted to General Hospital, Hissar and therefore on receipt of these directions the dead body of Suman was shifted to General Hospital, Hissar where Amar and Suresh were already present and therefore he recorded the statements regarding identification of dead body of Suman by Amar which is Ex.PW65/A2 and by Suresh which is Ex.PW65/A3 both bearing his signatures at point A and the signatures of Amar and Suresh at point B on the respective documents. He has also proved the copy of the FIR which is Ex.PW64/A4 and the handing over receipt of the dead body which is Ex.PW24/B. According to the witness the doctor handed over to him the postmortem report and the inquest papers along with four sealed St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 260 pullandas duly sealed with the seal of hospital and he seized the pullandas vide memo Ex.PW65/B bearing his signatures at point A and signatures of Ct. Karamvir at point B. Thereafter he reached Police Station Narnaund where he telephonically contacted DSP Abhay Singh and apprised him of the entire proceedings conducted by him and thereafter on his (DSP Sh. Abhay Singh's) directions got the pullandas deposited at Police Station Narnaund with the MHC(M) and thereafter he went to village Mirchpur where he met DSP Abhay Singh and handed over to him all the documents including the inquest papers and the postmortem report.

After refreshing his memory with the permission of the court, the witness has admitted having filed an application to MO General Hospital, Hissar for constituting a medical board for conducting the postmortem of Suman which application is Ex.PW65/C bearing his signatures at point A.

In his cross examination by Ld. Defence counsel the witness has deposed that the force of the entire district had been called by SP Hissar and all the SHOs from the district were present when the force reached village Mirchpur which force first reached the spot of the incident and states that the nakas were made later on. He has further deposed that at the time when he reached the spot along with the other force, the incident was still going on and the force which had come was armed with fire arms like SLR, riffle, 303 riffle and others had lathies and dandas. He has further deposed that he remained at the spot the entire day on 21.04.2010 and also the following night and even the SP Hissar was present with them. According to him, in his presence no arrests were made on 21.04.2010 nor he is aware of the same and also St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 261 states that in his presence no exhibits were lifted in the form of empty cans, weapons like lathies, jellies etc. He has admitted that there are houses of mixed population in the main gali and has voluntarily explained that on one side there are houses belonging to the members of 'B' community whereas on the other side there are houses belonging to 'J' community. He has denied the suggestion that he is deposing falsely in his examination in chief at the instance of the Investigating Officer or that all documentation was done later on while sitting in the police station.

PW66 Sh. Abhay Singh who was posted as DSP, Hansi on 21.4.2010 and is the first Investigating Officer of the case. He has deposed that on that day he was present in the court at Kaithal for his evidence and at about 12.00 Noon when he came out of the court room after giving his evidence, his driver informed him of having received an information from SP Hissar regarding quarrel at Village Mirchpur between 'B' and 'J' community and that he had been instructed by Superintendent of Police Hissar to proceed to Village Mirchpur. On receipt of this information he along with his staff reached Village Mirchpur at about 1.30-2.00PM where Superintendent of Police Sh. Subhash Yadav was already present along with his staff and he (witness) was told by the Superintendent of Police that the houses of 'B' community were burnt by the persons belonging to 'J' community and the Superintendent of Police asked him to get fire extinguished. The Superintendent of Police also directed him to send the injured persons to the hospital.

According to the witness, the Fire Brigade had already reached the village and he got the fire extinguished in the house of Tara St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 262 Chand where he found the dead body of Suman D/o Tara Chand who was burnt badly. He has deposed that the body of deceased Suman was got sent to Civil Hospital, Hansi in an Ambulance along with police officials whereas Tara Chand who was in a burnt condition was still alive and therefore, he gave directions to SI Bane Singh who was present at the spot to take Tara Chand to General Hospital, Hissar. Accordingly SI Bane Singh took Tara Chand to General Hospital, Hissar in the official vehicle while he (witness) got extinguished the fire in the houses belonging to the members of 'B' community which had been burnt by the persons belonging to 'J' community. In the meanwhile when he was present in front of the house of Tara Chand, Karan Singh Numberdaar of the village came to him and he recorded his (Karan Singh's) statement Ex.PW66/A in verbatim which statement Karan Singh had signed at point A after it was read over to him and he was satisfied with the contents of the same which also bears his signatures at point B. He has also proved having prepared rukka which is Ex.PW66/B bearing his signatures at point A which he gave to HC Om Prakash for taking the same to Police Station Narnaund and registration of the FIR. According to the witness, when he had reached village Mirchpur the FSL team from Hissar and the photographers were already present in the village and thereafter he along with the FSL team inspected the burnt houses and the houses which were damaged during the incident. He has deposed that as per directions of the SP he had constituted four teams headed by SI Manjeet Singh, ASI Sadhu Ram, ASI Om Prakash and ASI Satbir and he directed ASI Satbir Singh to lift ashes from the six burnt houses, ASI Om Prakash to lift ashes from the two burnt houses, ASI Sadhu Ram to lift ashes from the two burnt houses and SI Manjeet Singh to lift ashes from St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 263 the five burnt houses. He has further deposed that on the same day all the aforesaid four police officers produced before him sealed parcels duly sealed and he seized the sealed parcels vide seizure memo already Ex.PW57/A bearing his signatures at point E, signatures of SI Manjeet Singh, ASI Sadhu Ram, ASI Satbir Singh and ASI Om Prakash at points A, B. C and D respectively. Thereafter, he lifted ashes from the different places from the house of Tara Chand and prepared one parcel of ashes and affixed his seal on the same which seizure memo is Ex.PW49/A bearing his signatures at point A. He has further stated that one motorcycle which was lying in a burnt condition in the house of Tara Chand which he seized in the presence of Pradeep S/o Tara Chand and HC Ranbir Singh who put their signatures at point B and C respectively. He has stated that thereafter he also lifted the ashes from different places from the house of Pradeep S/o Tara Chand and prepared a parcel of ashes and affixed his seal of AS on the parcel and also found one rickshaw (tricycle) of disabled Suman which was lying in the house in a burnt condition which he seized vide seizure memo Ex.PW49/B in the presence of Pradeep S/o Tara Chand and HC Ranbir Singh who also put their signatures at points B and C and also bearing his signatures at point A. He has further stated that he recorded the statements of the witnesses from the 'B' community namely Kamla, Pradeep, Gulaba, Satyawan, Ramesh, Jagmal, Ram Niwas, Chander, Dilbagh, Sanjay, Manoj, Rajinder, Sanjay S/o Satpal, Sunita W/o Surta, Sushil S/o Surta, Raja, Rajmal, Jaswant, Vijender, Dharambir, Binder, Nawab, Rajesh, Praveen, Satpal S/o Pratap, Karamvir, Pawan and of the official witnesses namely SI Manjeet, ASI Om Prakash, ASI Satbir and ASI Sadhu Ram under Section 161 Cr. P. C. He has further deposed that during the inspection of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 264 the burnt and damaged houses he had prepared site plans of the same which were thirty three in numbers and are Ex.PW66/C-1 to Ex.PW66/C-33 all bearing his signatures at point A. According to him on the same day that is 21.04.2010 he directed SI Ajeet Singh Incharge, CIA staff to apprehend the accused persons whose names had figured in the FIR and in the statement of the witnesses so recorded by him.

He has further deposed that on 22.04.2010 SI Ajeet Singh produced before him 25 persons out of the assailants who had been named by the victims who all were arrested. He has proved the arrest memo of the accused Dharambir S/o Tara Chand Ex.PW66/D1 (not disputed by the accused); Pawan S/o Ram Mehar Ex.PW66/D2 (not disputed by the accused); Karam Bir S/o Tara Chand Ex.PW66/D3 (not disputed by the accused); Joginder @ Jogar S/o Bhim Singh Ex.PW66/D4 (not disputed by the accused); Dalbir S/o Dalip Singh Ex.PW66/D5 (not disputed by the accused); Balwan S/o Inder Ex.PW66/D6 (not disputed by the accused); Satyawan S/o Tara Chand Ex.PW66/D7 (not disputed by the accused); Jai Bir S/o Manphool Ex.PW66/D8 (not disputed by the accused); Ajeet Singh S/o Sukhbir Ex.PW66/D9 (not disputed by the accused); Balwan S/o Dharam Singh Ex.PW66/D10 (not disputed by the accused); Roshan S/o Ram Swaroop Ex.PW66/D11 (not disputed by the accused); Pradeep S/o Ram Phal Ex.PW66/D12 (not disputed by the accused); Vijender S/o Hoshiar Singh was Ex.PW66/D13 (not disputed by the accused); Hoshiar Singh S/o Mangal Singh Ex.PW66/D14 (not disputed by the accused); accused Ajeet S/o Dalip Singh Ex.PW66/D15 (not disputed by the accused); Rajinder S/o Dhupa Ex.PW66/D16 (not disputed by the accused) and Surender Kumar S/o Jagde Ram Ex.PW66/D17 (not St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 265 disputed by the accused) all bearing his signatures at point A respectively.

He has also deposed that the accused Satish S/o Ajmer, Deepak S/o Ajmer, Ajeet S/o Sukhbir, Sukhbir S/o Manphool, Ram Mehar, S/o Gulab Singh, Kulwant S/o Chander Singh, Rajesh S/o Prakash and Dinesh S/o Amar Lal were also arrested by him but have not been sent up for trial.

He has further proved the joint disclosure statement of the accused Dharam Bir, Pawan, Karambir, Joginder, Dalbir, Balwan S/o Inder, Satyawan, Jaibir, Ajeet Singh, Balwan S/o Dharam Singh, Roshan, Pradeep S/o Ram Phal, Vijender, Hoshiar Singh, Ajeet S/o Dalip Singh, Rajinder S/o Dhupa and Surender Kumar S/o Jagde Ram which is Ex.PW66/E bearing his signatures at point A. He has further proved the production of all the above accused before the Ld. Judicial Magistrate and states that he had made a request for grant of their police custody remand which request was disallowed by the Ld. Judicial Magistrate and the accused were remanded to Judicial Custody. He has deposed that while he was still in the court premises on that day SI Bane Singh came to him and handed over to him the inquest proceedings and PM Report in respect of deceased Tara Chand. Thereafter he along with his staff went to village Mirchpur where he met ASI Bhim Singh who handed over to him the inquest papers and the postmortem report of deceased Suman and prior to which ASI Bhim Singh had telephonically informed him that he was also handed over some pulandas by the doctor on which he instructed ASI Bhim Singh to deposit the same with the MHC(M) of Police Station Narnaund.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 266 He has further deposed that on 22.04.2010 he was present at village Mirchpur along with the SP Hissar when Karan Singh met them and handed over some application to the Superintendent of Police, Hissar which application Ex.PW66/F was handed over to him by the Superintendent of Police, Hissar pursuant to which he recorded the supplementary statement of Karan Singh and added the provisions of Section 4 of SC/ ST (POA) Act. He has further deposed that on the same day evening SI Manjeet Singh had apprehended and produced the the accused Rajbir S/o Mai Chand before him and he arrested the accused Rajbir vide memo Ex.PW66/E18 (not disputed by the accused) bearing his signatures at point A. He has stated that accused Rajbir was produced before the Ld. Illaqa Magistrate and remanded to judicial custody on the next day while he had recorded the statement of HC Ramphal on the same day that is 22.4.2010.

According to the witness, on 23.04.2010 he directed SI Bane Singh to go to General Hospital, Hissar and interrogate all the injured who were admitted there and to record their statements. In compliance of his directions SI Bane Singh went to the General Hospital, Hissar and recorded their statements which he handed over to him at Village Mirchpur on the same day. Thereafter on the same day SI Manjeet Singh produced before him accused Dinesh, Naresh (not an accused before this court) and Viren and he arrested accused Dinesh vide memo Ex.PW66/E19 and Viren vide memo Ex.PW66/E20. He has explained that the accused Naresh was got discharged and not been sent up for trial as per record. On 24.04.2010 accused Dinesh and Viren were interrogated and he recorded their disclosure statements which statements are already Ex.PW57/B and Ex.PW57/C respectively bearing St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 267 his signatures at point B. He has further deposed that he recorded the statement of SI Manjeet Singh and the accused were produced before the Illaqa Magistrate who remanded them to judicial custody.

According to the witness, on 25.04.2010 photographers ASI Miya Singh, Ct. Anil Kumar and Ct. Devi Lal who had conducted the photography of the post mortem and the spot and also videography of the spot on 21.04.2010 and 22.04.2010 on his instructions and directions and on pointing out of the victims handed over the CDs of the videography and the photographs to him which CD was duly seized vide Ex.PW4/B bearing his signatures at point C after which he recorded the statement of all the above police officials.

He has further deposed that on 26.04.2010 he went Village Mirchpur he carried out further investigations and also recorded statements of Veer Bhan, supplementary statement of Sanjay, Amar and Rajesh and also interrogated ASI Dev Raj and took the entire investigation file from him in respect of incident of dated 19.04.2010 containing the MLR, rukka and statements of the witnesses which he seized vide memo Ex.PW66/G after which he recorded the statement of ASI Dev Raj. Here I may observe that a separate charge sheet has been filed by the prosecution in respect of the incident dated 19.4.2010 which trial is pending before the competent court at Hissar.

According to the witness on 27.04.2010 he again went to Village Mirchpur for investigations where he met Karan Singh and other residents of the village and recorded the supplementary statement of Karan Singh after which then he returned to Police Station Narnaund and recorded the statements of HC Veer Bhan MHC(M), EASI Manohar Lal and EASI Raghubir Singh.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 268 He has stated that on 30.04.2010 he went to Village Mirchpur where a large number of persons belonging to the 'B' community had collected claiming that they had been injured in the incident dated 21.04.2010 and demanded that their medical examination should be conducted in the village itself on which he informed the DC about the demand of the said persons and thereafter on the directions of the Deputy Commissioner called the doctor from the Narnaund Hospital who examined as many as twenty nine persons claiming to have received injuries in the incident dated 21.04.2010 and thereafter he collected the MLRs of these persons claiming themselves to be injured and also recorded their statements under Section 161 Cr.P.C.

The witness has also proved that on the same day that is 30.04.2010 the further investigations of this case were handed over to DSP Tula Ram and he handed over the entire investigation file along with the statements and other proceedings conducted by him to DSP Tula Ram on the same day. I may also observe that on 17.9.2011 the witness DSP Abhay Singh was recalled by the Court wherein he has proved having recorded the statement of Sushil under Section 161 Cr.P.C. which is Ex.PW66/CX1.

In his cross-examination by Ld. Defence counsels the witness has admitted that when he reached the spot the Superintendent of Police Hissar along with the other force consisting of more than hundred personnel's right from the rank of Constable to Superintendent of Police and also the Naib Tehsildar Jage Ram were present at village Mirchpur. He has denied that the entire force was armed and has voluntarily explained that majority of the force was armed with fire arms and others were having lathies. He has denied that when he reached the spot i.e. St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 269 village Mirchpur, the quarrel/incident was still continuing. According to him, he met SI Bane Singh and ASI Bhim Singh at village Mirchpur as they were present before he had reached the spot and states that by the time he had reached the village SP Hissar had not apprehended any of the assailants involved in the incident. He has further deposed that he had received the information through his gunman who informed him that he had received a communication from SP Hissar regarding the quarrel at village Mirchpur since his mobile phone was with the gunman when he was giving his evidence in the court and states that it was only when he reached the spot that SP Hissar told him that there had been a communal flare up between the 'J' and 'B' in the village and a large number of persons from the 'J' community had indulged into rioting and arson as a result of which many persons had received injuries and were required to be taken to the hospital and he was instructed to ensure that all injured were shifted to the hospital. According to him, the Superintendent of Police did not tell him anything about the assailants and when he asked the SP regarding the assailants he was only told that they were persons from the 'J' community but he did not ask him (SP) about any other details. He has deposed that at the time when he (witness) reached village Mirchpur, the Superintendent of Police did not tell him that when he (Superintendent of Police) reached the village rioting was still going on or that he had to use force to disperse the crowd and has voluntarily added that this fact he had told him later which also finds a mention in his case diaries. He has denied that he was told by the Superintendent of Police that the actual assailants had been made to escape from the spot and has voluntarily added that he only told him that he had dispersed the crowd. Witness has admitted that persons from other communities also St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 270 reside in the village apart from the 'B' and the 'J' and states that he did not make any other person from other community other than a 'B' community a witness in the present case nor he recorded their statements but has denied that he deliberately did not record the statements of the persons of other communities who were residing in the same village. He has denied that he was informed by the villagers that the quarrel had taken place on account of the fact that a large number of persons from outside the village had come and attacked assaulted the villagers after which they had gone away or that Superintendent of Police Hissar had made inquiries and interrogated residents of the village belonging to the 'B' community and also to all other communities and has voluntarily added that he came to know of this but states these inquiries were not made in his presence by the Superintendent of Police. Witness is unaware if the Superintendent of Police had interrogated Suresh, Karan Singh and Ramphal Phelwan all belonging to 'B' community along with twenty other persons of same village from other communities and has voluntarily added that he came to know of this case from the jimnies/ case diaries written by the Superintendent of Police though the Superintendent of Police did not tell him about the same. He has further deposed that Superintendent of Police Hissar did not tell him during the investigations that on interrogation he (Superintendent of Police) had come to know that on 19.04.2010 in the evening when Deepak, Satish, Pardeep, Suresh from village Mirchpur and one Tinku from Petwar were passing through the main gali the pet she-dog of Jai Parkash caught hold the pant of Deepak and he used force to free himself by using his chappal (slipper) on which there was an objection by the boys of the 'B' community resulting into a quarrel which got aggravated initially but St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 271 later it was settled amicably and has voluntarily stated that he came to know of this incident and fact from the case diaries written by the Superintendent of Police who did not personally tell him about the same. He has also denied that the Superintendent of Police Hissar had told him that on 20.04.2010 when Rajender S/o Pale came to know of this incident that some of the 'J' boys had been beaten by the boys of the 'B' community he (Rajender) did not supply milk to the 'B' Basti and has again voluntarily added that he came to know of this fact from the case diary written by the Superintendent of Police. He has further denied that Superintendent of Police Hissar also told him that being aggrieved by this incident dated 20.04.2010 when Rajender did not supply milk to the 'B' Basti some of the boys of the 'B' community stopped and surrounded Rajender S/o Pale and Karam Pal S/o Satbir and while they were passing through the main gali in their boogie and started beating them when Karampal some how managed to free himself and informed the persons from the 'J' community about what had happened on which the dispute got aggravated and stone pelting commenced and has again voluntarily stated that he came to know of this fact from the jimney written by the Superintendent of Police Hissar. Witness has deposed that it was not in his knowledge that Rajender S/o Pale was thereafter rescued by Dinesh S/o Prem resident of village Mirchpur and shifted to Balaji Hospital, Jind for treatment and it was also not in his knowledge that Dinesh S/o Prem was also badly beaten by these boys belonging to the 'B' community and similarly shifted to General Hospital Jind for treatment as he had also received injuries. He has admitted that Dinesh S/o Prem was arrested in the present case but has denied that he was arrested from General Hospital Jind where he was admitted after receiving injuries in the hands St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 272 by the 'B' boys and has denied that he came to know from inquiries that Rajender S/o Pale was not even present at the time when the incident dated 19.04.2010 took place and on 21.04.2010 he was admitted in the hospital as he had received injuries. He has denied that witnesses from the village had also shown him the boogie in which Rajender and Karampal were going when they were attacked at the main gali by the boys belonging to the 'B' community which boogie remained at the spot for about four to five days but he deliberately did not seize the same and has stated that there was no such boogie.

DSP Abhay Singh (witness) has admitted that on 21.4.2010 and also on the intervening night of 21/22.04.2010 he remained at village Mirchpur through out along with the Superintendent of Police and other force and states that he was inside the village carrying out investigations whereas Superintendent of Police and the force were outside at the water works for security arrangement. He has denied the suggestion that he had given directions to SI Ajeet only after fabricating the evidence and material against some of the accused by showing them as assailants only to work out the case because of the pressure put on them. He has denied that on 21.04.2010 Pardeep, Gulaba, Satyawan, Ramesh, Jagmal, Ram Niwas, Chander, Dilbagh, Sanjay, Manoj, Rajender, Sanjay S/o Satpal, Sunita W/o Surta, Sushil S/o Surta, Raja, Rajmal, Jaswant, Vijender, Dharambir, Bindar, Nawab, Rajesh, Parveen, Satpal S/o Partap, Karamvir, Pawan and Kamla did not meet him and none of them made any statements and he had recorded their statements of his own. He has denied that Karan Singh did not make any statement to him and he had only taken his signatures on blank papers which he filled up of his own at a later stage and converted the same into a rukka and on the basis of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 273 which the present FIR was registered. He is unable to tell whether Karan Singh S/o Tek Ram has made a statement before the ASJ Hissar where this case was previously tried before its transfer that police had obtained his signatures on blank papers. He has admitted that initially only twenty five persons were arrested. He has also admitted that during the investigations in the village on 21.04.2010 no weapons in the form of lathies, jellies, gandases and oil cans/containers were found by him at the village nor he seized the same. He has denied that lathies, gandases, jellies, oil cans were never used during the incident and it was for this reason that they could not be found at the spot on 21.04.2010. He has denied that none of the accused facing trial before this court were involved in the incident dated 21.04.2010 and it was for this reason that they were not apprehended at the spot when a large police force reached the village under the senior police officers of the rank of SP and they had been subsequently arrested on the basis of fabricated material only to work out the present case. He admitted that till the time the investigation file remained with him there was no material warranting the discharge some of the accused arrested by him who were later on got discharged by the subsequent Investigating Officer and not sent up for trial but has denied that accused Dharambir, Pawan, Karambir, Jogender, Dalbir, Balwan S/o Inder, Satyawan, Jaibir, Ajeet Singh, Balwan S/o Dharam Singh, Roshan, Pardeep S/o Ramphal, Vijender, Hoshiayar Singh, Ajeet S/o Dalip Singh, Rajender S/o Dhoopa and Surender Kumar S/o Jagdev Ram did not make any disclosure regarding their involvement in the present offence and it was for this reason that he obtained their signatures and thumb impressions on blank papers forcibly and converted the same into a joint disclosure. He has admitted that no St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 274 recovery was made pursuant to the joint disclosure statements made by Dharambir, Pawan, Karambir, Jogender, Dalbir, Balwan S/o Inder, Satyawan, Jaibir, Ajeet Singh, Balwan S/o Dharam Singh, Roshan, Pardeep S/o Ramphal, Vijender, Hoshiayar Singh, Ajeet S/o Dalip Singh, Rajender S/o Dhoopa and Surender Kumar S/o Jagdev Ram which statement is Ex.PW66/E and has voluntarily added that the accused Dinesh who had also made a joint disclosure statement with the above accused was got discharged later on by his successor. He has denied that Karan Singh had not given any application to the Superintendent of Police on 22.04.2010 which was handed over to him by the SP on the basis of which he had recorded his statement and added certain sections in the FIR or that Karan Singh had not made any supplementary statement to him and it was only with a view to invoke the provisions of SC/ST (POA) Act that he fabricated his supplementary statement. He has denied that the attestation as a witness on the joint disclosure statement Ex.PW66/E had been made by HC Ramphal on his instructions and directions while sitting at a police station and has also denied that he had never directed SI Bane Singh to go to General Hospital, Hissar for investigations of the case or for recording the statements of the injured or that the statements of the alleged injured namely Gulab Singh S/o Jai Lal, Dhoop Singh S/o Rattan Singh, Raj Kumar S/o Kapoora, Sandeep S/o Raj Kumar and Mahajan S/o Satpal were fabricated by SI Bane Singh on his dictation and instructions at the police station itself. He has also denied that he had not recorded any statements of Veer Bhan, supplementary statement of Sanjay, Amar and Rajesh and that he fabricated the same of his own on 26.4.2010 or that on 27.04.2010 he did not record the supplementary statement of Karan St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 275 Singh, HC Veer Bhan, EASI Manohar Lal and ESAI Raghubir Singh and that he fabricated the same of his own.

Witness has admitted that on 27.04.2010 he was present at village Mirchpur and CM Haryana Sh. Bhupender Singh Hooda had visited the village but has stated that he is not aware if he (Chief Minister Haryana) had made any announcement regarding grant of compensation to the victims and states that he (witness) was on investigation duty. He has denied that it was on his suggestion to the persons from the 'B' community in order to secure a compensation claim that he told them to get their medical conducted and it was for this reason that the doctor was called by him to the Mirchpur hospital for purposes of creating the medical MLRs of twenty nine persons of the village all belonging to the 'B' community. He has also denied that he along with other senior officers had directed the doctors on duty to create and fabricate MLRs of all the persons who came to them for examination irrespective of the fact they suffered from injuries or not or that on the basis of these MLRs he got secured the compensation for these persons. The witness has admitted that he did not get the judicial Test Identification Parade of the accused arrested by him conducted and has voluntarily explained that since the names of the accused were figuring in the statements therefore there was no requirement of the same.

He has admitted that police station Narnaund was under his jurisdiction at the time of the incident and the accused Vinod S/o Ram Niwas was the SHO of the said police station and was under his supervision and control. He admitted that on 09.04.2010 the then SHO Vinod Kajal had moved an application before the SP for sanctioning leave on account of demise of his mother and he was sanctioned ten days St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 276 leave. He has admitted that the relevant record regarding the application of Vinod to the Superintendent of Police, sanction of Leave and his departure/ joining entries are Ex.PW66/DX1 collectively running into five pages and had joined his duties in the police station only on 20.04.2010. He has also admitted that a double murder had taken place in village Barchapar falling in the jurisdiction of Police Station Narnaund and in respect of which FIR No. 106/10 was registered under Section 302/307/34 IPC which investigations were handed over to the accused Vinod but he is not aware if on 20.04.2010 the accused Vinod had proceeded to investigate the above FIR No. 106/10 at village Barchapar vide entry No.15 dated 20.04.2010 at 10:20 AM and returned only at 10:35 PM vide DD No. 44 dated 20.04.2010.

He has admitted that on 21.04.2010 SHO Inspector Rohtash Singh, SHO Barwala was also present at village Mirchpur but he could not tell if he had reached the village prior to the reaching of the accused Vinod the then SHO Police Station Narnaund but states that Insp. Rohtash Singh had reached village Mirchpur before he (witness) could reach there. He has admitted that initially the allegations made under Section 4 of the SC/ST Act, 1989 were against the SHO and also against the Naib Tehsildar Jage Ram and admits that Naib Tehsildar was designated executive magistrate of the area and was a supervisory officer who had the power to direct the use of force. He has admitted that the allegations against Vinod and Jage Ram were similar and also that initially Niab Tehsildar Jage Ram had been booked and arrested under the provisions of SC/ST (POA) Act, 1989 but later on discharged on account of legal requirements and has stated that this had been done by his successor and not by him but he was aware of the same. According St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 277 to his witness, he had only added the provisions of Section 4 SC/ST(POA)Act but all arrests in this regard were made by his successor and therefore he is unable to tell why Vinod was booked for both SC/ST(POA) Act and IPC offences whereas Niab Tehsildar Jage Ram was got discharged for SC/ST(POA) Act and not booked for IPC violations despite the allegations against them being the same. He has also admitted that till such time the accused Vinod remained under his supervision in official capacity as SHO he found him to be a sincere and hard working officer and has explained that Vinod remained under him for almost two months and during this period there was no complaint against him. He has denied that he had wrongly booked the accused on the basis of the fabricated evidence and arrested them falsely. He has denied that he was deposing falsely to that extend only to support the investigations made by him.

PW67 Sh. Tula Ram is the second Investigating Officer to whom investigations of the present case was handed over on 30.4.2010. He has deposed that on 27.04.2010 he was transferred from Gohana, District Sonipat to Hansi Haryana as DSP. On 30.04.2010 the further investigations of the present case was assigned to him by the order of Superintendent of Police, Hissar which investigations he took over from DSP Abhay Singh. He has further deposed that on that day that is 30.4.2010 SI Bane Singh produced before him at village Mirchpur accused Dharambir @ Illa S/o Mai Chand and Sonu @ Deepak S/o Krishan @ Pappu and he arrested Dharambir S/o Mahi Chand vide memo Ex.PW67/A1 (not disputed by the accused) and Deepak S/o Krishan vide memo Ex.PW67/A2 (not disputed by the accused). He has further deposed that on 01.05.2010 he arrested Insp. Vinod Kumar St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 278 Kajal from his quarter No.5, Police Line Hissar vide memo Ex.PW67/A3 (not disputed by the accused). He has further deposed that on 02.05.2010 he arrested accused Naib Tehsildar Jage Ram (not sent up for trial and therefore not disputed by the accused) from the office of DSP Hansi.

According to him, on 14.05.2010 Raj Kumar the Ex- Sarpanch of village Mirchpur produced before him eight accused persons at Senior Secondary School at Mirchpur namely Rajender S/o Belu, Rajender S/o Sidhu, Kuldeep S/o Balbir, Jagbir S/o Baru Ram, Ramphal @ Petla S/o Prithvi Singh, Vikas S/o Suresh, Daya S/o Jeet Singh and Suresh S/o Balbir whom he arrested. The arrest memo of the accused Kuldeep is Ex.PW67/A4, Rajender S/o Belu Ram is Ex.PW67/A5, Jagdish S/o Baru Ram is Ex.PW67/A6, Suresh S/o Balbir is Ex.PW67/A7, Rajender S/o Sadhu Ram is Ex.PW67/A8, Ramphal S/o Prithvi Singh is Ex.PW67/A9 and the arrest memo of accused Daya S/o Ajeet is Ex.PW67/A10 which bear his signatures at point A respectively. He has further deposed that on 15.05.2010 he arrested accused Pardeep S/o Balwan who was produced before him by Wazir Singh at village Mirchpur whose arrest memo is Ex.PW67/A11 (not disputed by the accused). He has further deposed that on 16.05.2010 Ex-Sarpanch Raj Kumar again produced before him three boys at Senior Secondary School village Mirchpur namely Rishi S/o Satbir, Karampal S/o Satbir and Jasbir S/o Ishwar whom he arrested. The arrest memo Rishi S/o Satbir is Ex.PW67/A12 (not disputed by the accused), Jasbir S/o Ishwar is Ex.PW67/A13 (not disputed by the accused) and Karampal S/o Satbir is Ex.PW67/A14 (not disputed by the accused) all bearing his signatures at point A.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 279 Again on 17.05.2010 Sh. Prem Singh produced before him two boys at Senior Secondary School village Mirchpur namely Sunil Kumar @ Soni S/o Jaiveer and Sumit S/o Satyawan whom he arrested vide memos Ex.PW67/A15 (not disputed by the accused) and Ex.PW67/A16 (not disputed by the accused) respectively bearing his signatures at point A.

According to the witness on 18.05.2010 he went to village Mirchpur at the 'B' Basti for investigations where he recorded the statements of Ajmer S/o Balbir, Sajna S/o Ram Swaroop, Satbir S/o Bhale Ram, Aman S/o Surta, Ashok S/o Maha Singh, Sandeep S/o Satpal, Abhishek S/o Sanjay, Kela W/o Jai Singh, Sunita W/o Satbir, Sunita W/o Vedu, Chander Pati W/o Sajna, Angoori W/o Dalip, Shanti W/o Jugti, Suman D/o Raghbir, Krishna W/o Raghbir, Ishro W/o Pasha and Pooja D/o Surta under Section 161 Cr. P.C. Further on 19.05.2010 he recorded the statement of HC Subhash the draftsman in the DSP Office, Hansi under Section 161 Cr.P.C. He has proved that on 20.05.2010 he prepared the charge sheet in respect of twenty eight accused persons who were in judicial custody and sent the same for checking to the prosecution department.

He has further deposed that on 21.05.2010 he arrested Rajender S/o Pale from bus stand Mirchpur vide memo Ex.PW67/A17 (not disputed by the accused) and thereafter interrogated him wherein he disclosed about his involvement in the present case vide disclosure statement Ex.PW64/I. Here I may observe that the disclosure statement of the accused Rajender S/o Pale was recorded while in police custody and there is no discovery pursuant to the same due to which reason the disclosure statement is inadmissible in evidence.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 280 The witness has further deposed that on the same day that is 21.5.2010 he was handed over the X-Ray reports of Raj Kumar, Mahajan, Dhoop Singh and Gulab Singh by SI Bane Singh and he added the provisions of Section 325 IPC to the charges and thereafter on 11.6.2010 he filed the charge sheet in the court in respect of twenty eight accused.

He has further deposed that on 27.06.2010 he went to village Mirchpur where he carried out investigations and interrogated the alleged victims and recorded the statements of Suresh S/o Chander, Vicky S/o Dhoop Singh, Parveen S/o Jagpal, Aman S/o Surta, Gulab Singh S/o Jai Lal, Manoj S/o Mahender, Mahender S/o Amar Lal, Karamvir S/o Balbir, Sanjay S/o Bane Singh, Pardeep S/o Tara Chand and Amar S/o Tara Chand under Section 161 Cr.P.C. at water works Mirchpur and thereafter he prepared the supplementary charge sheet in respect of nine persons arrested later which was filed in the court on 01.07.2010.

The witness has further deposed that thereafter again on 27.07.2010 he went to village Mirchpur to carry out the further investigations and interrogated some of the victims at 'B' Basti and recorded the statements of Veer Bhan S/o Man Singh, Suresh S/o Raj Kumar, Ashok S/o Maha Singh, Pradeep and Amar Lal both sons of Tara Chand under Section 161 Cr.P.C. and on the same day that is 27.07.2010 he prepared the supplementary charge sheet against the accused Vinod Kajal the then SHO Police Station Narnaund which he filed in the court on 29.07.2010.

He has further deposed that on 29.07.2010 he arrested the accused Jogender S/o Inder vide memo Ex.PW67/A18 (not disputed by St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 281 the accused); Rajpal S/o Sheo Chand vide memo Ex.PW67/A19 (not disputed by the accused) and Jaiveer S/o Balbir vide memo Ex.PW67/A20 (not disputed by the accused) from Bus Stand Narnaund all bearing his signatures at point A. According to the witness on 01.08.2010 one Pardeep S/o Krishan produced before him Rupesh S/o Tek Ram, Bobal @ Langra S/o Tek Ram and Ramesh @ Mahesha S/o Dalip at Bus Stand Mirchpur whom he arrested. The arrest memo of Ramesh @ Mahesha S/o Dalip is Ex.PW67/A21 (not disputed by the accused), Rupesh S/o Tek Ram is Ex.PW67/A22 (not disputed by the accused) and Bobal @ Langra S/o Tek Ram is Ex.PW67/A23 (not disputed by the accused) all bearing his signatures at point A. He has further deposed that on 12.08.2010 while he was coming from the 'B' Basti where he had gone in connections with investigations on pointing out of the chowki incharge Mirchpur, he arrested Jagdish S/o Lehna whose arrest memo is Ex.PW67/A24 (not disputed by the accused). Again, on 24.08.2010 he had received a secret information regarding the presence of the accused Pawan @ Tinku S/o Sewa Singh at bus stand Petward on which he went to bus stand Petward and apprehended the accused Pawan @ Tinku S/o Sewa Singh whose arrest memo is Ex.PW67/A25 (not disputed by the accused). On 31.08.2010 one Prem Singh resident of village Mirchpur produced Balwan S/o Jai Lal at police chowki Mirchpur whom he arrested vide memo Ex.PW67/A26 (not disputed by the accused). On 01.09.2010 the team headed by Insp. Vijay Pal produced before him Pardeep S/o Suresh, Satish S/o Randhir and Pawan S/o Hoshiyar Singh at police chowki Mirchpur whom he arrested. The arrest memo of Pardeep S/o Suresh is Ex.PW67/A27 (not disputed by the accused), Satish S/o Randhir is Ex.PW67/A28 (not St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 282 disputed by the accused) and Pawan S/o Hoshiyar Singh is Ex.PW67/A29 (not disputed by the accused) all bearing his signatures at point A.

He has further deposed that on 02.09.2010 the team headed by Insp. Baljeet Singh produced before him Jora S/o Balwan and Ved Pal S/o Daya Nand at police chowki Mirchpur whom he arrested. The arrest memo of Jora S/o Balwan is Ex.PW67/A30 (not disputed by the accused) and Ved Pal S/o Daya Nand is Ex.PW67/A31 (not disputed by the accused) both bearing his signatures at point A. He has also deposed on the same day that is 2.9.2010 he also recorded the supplementary statement of Amar Lal S/o Tara Chand and on 03.09.2010 different teams headed by Insp. Vijay Pal, Insp. Baljeet Singh, Insp. Rajbir, ASI Bhim Singh and Insp. Rohtash produced before him as many as twenty three accused at police post Mirchpur and he arrested all the twenty three accused. The arrest memo of Kuldeep S/o Om Parkash is Ex.PW67/A32 (not disputed by the accused), Jogal @ Dogar S/o Hawa Singh is Ex.PW67/A33 (not disputed by the accused), Naseeb S/o Prem Singh is Ex.PW67/A34 (not disputed by the accused), Pardeep S/o Jaiveer Singh is Ex.PW67/A35 (not disputed by the accused), Pardeep S/o Satbir is Ex.PW67/A36 (not disputed by the accused), Shamsher S/o Rajender is Ex.PW67/A37 (not disputed by the accused), Rakesh @ Meenu S/o Ramesh is Ex.PW67/A38 (not disputed by the accused), Jitender S/o Satbir is Ex.PW67/A39 (not disputed by the accused), Charan Singh S/o Sadhu Ram is Ex.PW67/A40 (not disputed by the accused), Parveen S/o Jagdev is Ex.PW67/A41 (not disputed by the accused), Sandeep S/o Ram Swaroop is Ex.PW67/A42 (not disputed by the accused), Sandeep S/o Ratan Singh is Ex.PW67/A43 (not St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 283 disputed by the accused), Vikas S/o Sunehra is Ex.PW67/A44 (not disputed by the accused), Ved Pal S/o Karan Singh is Ex.PW67/A45 (not disputed by the accused), Kala @ Rakesh S/o Satyawan is Ex.PW67/A46 (not disputed by the accused), Pawan S/o Rajbir is Ex.PW67/A47 (not disputed by the accused), Sandeep S/o Raj Kumar is Ex.PW67/A48 (not disputed by the accused), Monu S/o Suresh Kumar is Ex.PW67/A49 (not disputed by the accused), Amit S/o Satyawan is Ex.PW67/A50 (not disputed by the accused), arrest memo of Ramesh S/o Karan Singh is Ex.PW67/A51 (not disputed by the accused) and Sata S/o Karan is Ex.PW67/A52 (not disputed by the accused).

The witness has further deposed that on 04.09.2010 different teams headed by Insp. Vijay Pal, Insp. Baljeet Singh, Insp. Rajbir, ASI Bhim Singh and Insp. Rohtash produced before him as many as seventeen accused at police post Mirchpur whom he arrested. The arrest memo of Dalbir S/o Tara Chand is Ex.PW67/A53 (not disputed by the accused), Pardeep S/o Jagbir is Ex.PW67/A54 (not disputed by the accused), Sanjay @ Sanjeev S/o Amar Lal is Ex.PW67/A55 (not disputed by the accused), Sunil @ Shila S/o Bhira is Ex.PW67/A56 (not disputed by the accused), Naveen @ Tina S/o Rajbir is Ex.PW67/A57 (not disputed by the accused), Vinod S/o Jagdev is Ex.PW67/A58 (not disputed by the accused), Manbir S/o Zile Singh is Ex.PW67/A59 (not disputed by the accused), Pappu S/o Pyare Lal is Ex.PW67/A60 (not disputed by the accused), Rakesh @ Nikli S/o Amar Lal is Ex.PW67/A61 (not disputed by the accused), Vipin S/o Jogender is Ex.PW67/A62 (not disputed by the accused), Sandeep S/o Mahender is Ex.PW67/A63 (not disputed by the accused), Sandeep S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 284 Jogender is Ex.PW67/A64 (not disputed by the accused), Satyawan S/o Rajender is Ex.PW67/A65 (not disputed by the accused), Sunil S/o Daya Nand is Ex.PW67/A66 (not disputed by the accused), Rajesh S/o Dhoopa is Ex.PW67/A67 (not disputed by the accused). Witness has further deposed that again on 05.09.2010 different teams headed by Insp. Vijay Pal, Insp. Baljeet Singh, Insp. Rajbir, ASI Bhim Singh and Insp. Rohtash produced before him as many as eight accused at police post Mirchpur whom he arrested. The arrest memo of Baljeet S/o Inder is Ex.PW67/A68 (not disputed by the accused), Dhaula S/o Satyawan is Ex.PW67/A69 (not disputed by the accused), Anoop S/o Dharma is Ex.PW67/A70 (not disputed by the accused), Sandeep S/o Chander is Ex.PW67/A71 (not disputed by the accused), Lilu @ Jasbir S/o Raja is Ex.PW67/A72 (not disputed by the accused), Krishan S/o Karan Singh is Ex.PW67/A73 (not disputed by the accused), Ameer Singh S/o Tara Chand is Ex.PW67/A74 (not disputed by the accused), Anil S/o Prem Singh is Ex.PW67/A75 (not disputed by the accused).

The witness has further deposed that on 06.09.2010 different teams headed by Insp. Vijay Pal, Insp. Baljeet Singh, Insp. Rajbir, ASI Bhim Singh and Insp. Rohtash produced before him two accused at police post Mirchpur whom he arrested. The arrest memo of Sonu S/o Dalbir is Ex.PW67/A76 (not disputed by the accused) and the arrest memo of Kulwinder S/o Ram Mehar is Ex.PW67/A77 (not disputed by the accused).

The witness has further deposed that on 09.09.2010 the accused Sanjay @ Handa S/o Daya Nand surrendered before him at DSP Office Hansi whom he arrested vide memo Ex.PW67/A78 (not disputed by the accused). He has proved that on 16.10.2010 he prepared St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 285 the charge sheet in respect of fifteen accused and filed the same in the court on 18.10.2010. According to him, on 28.10.2010 by the order of the Superintendent of Police Hissar he handed over the investigating file to Insp. Vijay Pal SHO Narnaund who filed the charge sheet for the remaining fifty accused in the court. (In this regard I may observe that the investigations being conducted by an officer of the rank of DSP, the filing of the charge sheet in the court by an officer of the rank of an Inspector is a mere irregularity and not illegality per-se which can prove fatal to the prosecution case). I may further observe that on 17.9.2011 the witness DSP Tula Ram was recalled by the Court wherein he has proved having recorded the statement of Gulab Singh under Section 161 Cr.P.C. which is Ex.PW67/CX1 and also the statement of Chanderwati which is Ex.PW67/CX2.

In his cross examination by Ld. Defence counsels the witness has admitted that on 25.05.2010 a team of Human Rights Commission from Delhi headed by Viplav Kumar Chaudhary and duly accompanied by Insp. M.S. Yadav and Insp. Ashish Kumar and Isham Singh Yadav had come to village Mirchpur and conducted an inquiry. Witness has denied the suggestion that after this team left he was told to submit a detail report of the investigations to the senior officers of the police and the Human Rights Commission but has admitted that on 25.05.2010 he had called SI Bane Singh to the village Mirchpur and he also went there. Witness has denied that he recorded the statements of various witnesses from the 'B' community on 25.05.2010 and has voluntarily added that it was the commission who recorded the statements while he himself was only present there. He has further deposed that he does not recollect if the statements of former sarpanch St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 286 Raj Kumar S/o Sugandh Singh, Om Parkash S/o Nihala, Pardeep S/o Krishan, Mahavir S/o Jag Ram, Jagdeep S/o Parmeshwar, Balbir S/o Khazana, Gopi S/o Kehri, Sukhbir S/o Dalip Singh, Inder S/o Shishu, Baljeet S/o Harphool, Om Parkash S/o Badri, Rajesh S/o Inder Singh, Ram Dhari S/o Sangi Ram, Krishan S/o Rama Nanad, Lehna S/o Bhima Ram, Satyawan S/o Dara Singh, Vikas S/o Bhoop Singh, Parshant S/o Anoop Singh, Deva Singh S/o Abhay Ram, Krishan numberdar S/o Amar Singh etc. all belonging to 'J' community and resident of village Mirchpur were also recorded. Witness has further deposed that he also does not recollect the names of the persons from the 'B' community whose statement were recorded by the commission but has admitted that he himself had recorded the statements of Manphool S/o Rullia Ram and Baru Ram S/o Jug Lal (both belonging to 'J' community) under Section 161 Cr.P.C. on 25.05.2010 and also of Karan Singh S/o Tek Ram (a member belonging to 'B' community) but has denied that all these persons had told him that on 19.04.2010 when Deepak resident of village Mirchpur along with Pardeep, Suresh, Satish all residents of village Mirchpur and Tinku resident of village Petwar were passing through the main gali in the evening when the she-dog of Jai Parkash caught hold the pants of Deepak who hit her with a chappal to free himself on which there was an objection and the matters got aggravated but were later on settled amicably. He has also denied the suggestion that the name of Rajender S/o Pale did not figure anywhere in his investigations/ inquiry and also in the inquiries made by the commission or that the further investigations carried out by him also revealed that on account of this incident dated 19.04.2010 Rajender did not supply milk to the 'B' Basti on 20.04.2010. Witness has denied the suggestion that his investigations St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 287 also revealed that on 21.04.2010 some boys belonging to the 'B' community being aggrieved by the conduct of Rajender stopped Rajender and Karampal when they were passing through the main gali in their boogie and beat them up on which Karam Pal some how managed to free himself and reached out to the persons to the 'J' community and informed them about the incident. He has also denied the suggestion that on coming to know of this incident Dinesh S/o Prem came to rescue Rajender and was also beaten severely and had to be admitted at General Hospital Jind. He has further denied the suggestion that Dinesh S/o Prem was arrested from General Hospital Jind on 22.04.2010 or that Rajender S/o Pale also sustained injuries in this incident and had been taken to Balaji Hospital Jind Rohtak Road on 21.04.2010 itself after which he was given first aid and discharged on the same day or that despite having come to know of the aforesaid facts he did not make any inquiries or collect the relevant records of Dinesh S/o Prem from General Hospital Jind and of Rajender S/o Pale from Balaji Hospital Jind Rohtak Road. He has also denied that the investigations had revealed that it was on account of this incident when Rajender, Karam Pal and Dinesh were beaten and sustained injuries that the matters got aggravated. He has further deposed that he is not aware if the stone pelting was being done from both the sides that is from the side of the 'B' and also the 'J' community and has denied the suggestion that his investigations had revealed this fact. He has however admitted that he had written the case diaries on day to day basis. When this witness was asked to refresh his memory and inform the court if he had submitted some report to the NHRC, he without even going through the case diaries stated that he had submitted a report to the Human Rights Commission in respect of the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 288 investigations conducted from 21.04.2010 to 25.05.2010 but has denied the suggestion that he had reported to the NHRC that most of the accused who had been apprehended till 25.05.2010 had no material evidence against them and had been falsely implicated and arrested. He has also denied the suggestion that he had reported to the NHRC in the said report that a large number of statements of persons belonging to the 'B' community had been falsely recorded by the police or that a large number of accused who had been implicated and arrested were not even present at village Mirchpur when the incident took place and that they had no concern with the incident in any manner. Witness has also denied the suggestion that the Superintendent of Police Hissar had sent a similar report to NHRC on the same lines. Witness has denied the suggestion that he deliberately did not make the statements of Manphool S/o Rullia Ram, Baru Ram S/o Jug Lal and Karan Singh S/o Tek Ram recorded by him on 25.05.2010 a part of the charge sheet only to assist the prosecution and states that he did not mention in the case diaries the reason for not relying upon the statements of these persons. He has further admitted that as an investigating officer it was his duty to place on record all material whether it goes in favour of prosecution or not and has voluntarily explained that he did not rely upon the statements of the these three persons as they were from the same community as that of the accused and was going against the prosecution. The witness has also admitted that village Mirchpur has a mixed population of all the communities apart from the 'J' and 'B'. Witness has further deposed that he did not record the statement of any person from any other community and has denied the suggestion that he did not record the statement of any persons from any other community because he in collusion with the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 289 persons from the 'B' community fabricated evidence against the accused persons and concealed the actual investigations conducted by me till 25.05.2010. Witness has denied the suggestion that this he did under political and local pressure.

Witness DSP Tula Ram has further admitted that he had arrested Vinod and Jage Ram on same evidence which came on record against them and has admitted that Jage Ram is not facing trial in the court. He has further admitted that he had filed the charge sheet against accused Vinod but not against Jage Ram and has denied that Jage Ram had been got discharged by him. He has thereafter voluntarily added that it was on the instructions of the senior police officers since Jage Ram belong to Schedule Caste Community and could not have been charged under the provisions of Section 4 of SC/ST (POA) Act, 1989 that he was got discharged. He has also admitted that the accused Vinod has also been charge sheeted under Section 120B IPC but Jage Ram has not been charge sheeted under the same section. Witness has further denied the suggestion that both Vinod and Jage Ram were arrested under the provisions of section 120 B IPC for conspiracy and has clarified that that they were both arrested under Section 4 of SC/ST(POA) Act, 1989 but the provisions of section 120B IPC were subsequently invoked against Vinod on the supplementary statements recorded by him on 27.07.2010. He has also denied the suggestion that no statement had been made by Ashok S/o Maha Singh, Pardeep S/o Tara Chand, Amar S/o Tara Chand, Veer Bhan and Suresh on 27.07.2010 and that he recorded their statements of his own in order to fabricate the material against the accused Vinod and distinguish his case from the case of Jage Ram from that of Vinod.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 290 Witness has further deposed that on 14.05.2010 and 16.05.2010 he did not record the statement of Ex-Sarpanch Raj Kumar when he produced the various accused before him whom he had arrested and on 15.05.2010, or of Wazir resident of village Mirchpur who had produced the accused before him whom he had arrested and also on 17.05.2010 and on 31.08.2010 or of Prem Singh resident of village Mirchpur who produced the accused before him whom he had arrested. He has further deposed that he also did not record the statements of Inspector Vijay Pal, Insp. Baljeet Singh, Insp. Rajbir, Insp. Rohtash and ASI Bhim Singh who were heading the various teams constituted by him and had apprehended the various accused as stated by him in examination in chief whom he had arrested.

Witness has denied the suggestion that all the accused have been arrested on the basis of fabricated evidence but has admitted that he had never taken any police custody remand of any of the accused and also admits that no recovery has been made in the form of dandas, jellies, gandases and oil cans from any of the accused after their arrest. He also admits that he did not get the Judicial Test Identification Parade of the accused conducted and has voluntarily added that there was no requirement as the accused have been specifically named by the witness in their statements. Witness has denied the suggestion that the witnesses had not named the accused and he had of his own inserted the names to fabricate material against them.

Witness has admitted that sanction to prosecute a government servant is always sought after the completion of the investigations. Witness has further deposed that he can identify the signatures of the Superintendent of Police. After seeing the memo St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 291 bearing No. 16891/SU dated 22.07.2010 which document is Ex.PW67/DX1 and bears the signatures of the then Superintendent of Police Hissar Sh. Subhash Yadav at point A and B, the witness has denied the suggestion that he had completed the investigations qua Vinod on 22.07.2010 and on specific query from the court he has stated that he had recorded the supplementary statements of Pardeep, Amar S/o Tara Chand, Ashok, Suresh and Veer Bhan on 27.07.2010 only after which he prepared the charge sheet. The witness has further deposed that he recorded these statements between 11 AM to 1 PM at village Mirchpur at 'B' Basti but he does not recollect whether he had mentioned the time of recording these statements on 27.07.2010. He has further deposed that the charge sheet was prepared by him on 29.07.2010 and submitted to the Superintendent of Police on 29.07.2010. Witness has further admitted that initially he had prepared the charge sheet against Vinod on 04.07.2010 but has denied the suggestion that he fabricated statements of Pardeep, Ashok, Amar, Veer Bhan and Suresh on 27.07.2010 only to create material against Vinod to justify the grounds made in the charge sheet. Witness has denied the suggestion that he interpolated the date in the charge sheet and the date of 04.07.2010 was made of 27.07.2010 and when observed by the court it was found that there is an interpolation made at two places in the date wherein the date of 04.07.2010 has been changed to 27.07.2010.

Witness has further deposed that Tehsil Uklana, district Hissar is at a distance of 27 kilometers from village Mirchpur. Witness admitted that Amar is working as an LDC /clerk at Tehsil Uklana in the government office. Witness has denied the suggestion that Amar did not meet him on 27.07.2010 as he was performing his duty at Uklana in the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 292 office of Tehsildar. He has also denied the suggestion that Sunita D/o Ved, Angoori Devi W/o Dalip Singh, Krishna W/o Raghbir, Ishro W/o Pasha, Shanti W/o Jugti, Chander Pati W/o Sajna, Pooja D/o Surta, Kela W/o Jai Singh, Sunita W/o Satbir, Aman S/o Surta, Satbir S/o Bhale Ram, Suman D/o Raghbir, Sajna S/o Ram Swaroop, Sandeep S/o Satpal, Abhishek S/o Sanjay, Ashok S/o Maha Singh, Ajmer S/o Balbir, Vicky S/o Dhoop Singh, Manoj S/o Mahender, Gulab Singh S/o Jai Lal, Pardeep S/o Tara Chand, Amar S/o Tara Chand, Mahender S/o Amar Singh, Parveen S/o Jag Pal, Suresh S/o Chander Singh, Ashok S/o Maha Singh, Veer Bhan S/o Man Singh had been fabricated by him of his own to create evidence against the accused to justify their arrest and to work out the present case.

Statement of accused:

After completion of prosecution evidence the statements of the accused were recorded under Section 313 Code of Criminal Procedure wherein all the incriminating evidence was put to them which they have denied.

The accused Dharambir S/o Tara Chand aged 48 years has studied till class10th and is a farmer by profession. He has denied all the allegations made against him and has stated that he had his fields which are two and half kilometers away from the village and he was present at his fields since 6:00 AM and returned back to the village only at about 7:30-8PM when he came to know about the incident. According to him, he was picked up by the police from his house when he was sleeping during the intervening night of 21/22.04.2010 and has been falsely implicated in the present case and is innocent.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 293 Accused Pawan S/o Sh. Ram Mehar aged 30 years has studied till class 10th and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was at his fields which are about three and a half kilometers away from the village Mirchpur for harvesting the wheat and two boys from the 'B' community namely Binder and Kallu both sons of Ram Kumar were also with him to help him in the same. According to him, Kamla the wife of the deceased Tara Chand used to come to their house to take lassi from his mother in the early morning and often created a ruckus which was objected to by him and his family and they had to stop supplying lassi to her on account of her behaviour. Therefore being aggrieved Kamla and her son Pradeep have falsely implicated him and his brother Kulvinder and they are victims of village politics and he is innocent.

Accused Karambir @ Gagar S/o Sh. Tara Chand aged 42 years has denied all the allegations made against him and has stated that he is innocent and was not even present in the village at the time of the incident since he had gone to his fields which are three and a half kilometers away from the village for harvesting of wheat since 6 AM in the morning and had returned to the village only at about 8:30 PM when he came to know of the incident. According to the accused, he was lifted by the police during the intervening night of 21/22.04.2010 and has no previous history of any dispute with anybody in the village. He has further stated that his house is situated in the main gali adjacent to the 'B' Basti and he has good relations with everybody and despite the fact that the animals owned by the persons of 'B' community enter his house to which he had never objected nor there has been any dispute. He has further expressed his shock that he had been identified by Rani, Sube St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 294 Singh, Dilbagh, Sanjay, Manoj, Pradeep and Kamla despite the fact that he was not even present in the village and states that this has been done only on account of village politics.

Accused Joginder @ Jogar S/o Sh. Bhim Singh aged 36 years has studied till class 6 th and is a farmer by profession. He has denied all the allegations made against him and has stated that he is innocent and was not even present in the village at the time of the incident. According to him, he had gone to his fields at about 7 AM which are about three kilometers away from the village and returned back to the village from the fields only at about 6:30 PM when he was lifted by the police and falsely implicated in the present case.

Accused Dalbir S/o Dalip Singh aged 45 years has studied till class 7th and is a driver by profession. He has denied all the allegations made against him and has stated that he owns a Mahindra Jeep which he gives on hire. He has further stated that on 21.04.2010 his jeep had been hired by Pandit Rishi Lal of village Mirchpur and he had taken their family to village Dehani, District Hissar as somebody from his family had expired. According to him, he returned in the late evening when he came to know of the incident and states that he is innocent and has been falsely implicated in the present case.

Accused Balwan S/o Sh. Inder Singh aged 28 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he had gone to his fields for harvesting of wheat and was present there from morning till 7 PM and he came to know of the incident only when he was lifted by the police at night on the same day and falsely implicated in the present case. He states that he is innocent.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 295 Accused Satyawan S/o Tara Chand aged 50 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that his fields are two kilometers away from the village Mirchpur and on 21.04.2010 he had gone to his fields at 6 AM and returned to the village only at 7-7.30 PM when he came to know of the incident. According to him, he was lifted by the police from his house at night while he was sleeping and falsely implicated in the present case.

Accused Jaibir S/o Sh. Manphool aged 38 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that he was not even present in the village at that time as he had gone to his fields which are about four to four and a half kilometers away from the village. According to him, as soon as he returned to the village on the tractor at about 7-8 PM he was lifted by the police and was taken to the police station and states that he is innocent.

Accused Ajeet S/o Sukhbir aged 26 years has studied till BA (1st year) and is a constable in Haryana Police. He has denied all the allegations made against him and has stated that on the date of the incident he was at Jind at his sister's place and thereafter he had gone to Dr. Punia's Hospital for treatment since he was on medical leave since 09.03.2010 on account of his operation and did not join. According to him, as soon as he came back in the evening on 21.04.2010, he was arrested and had been falsely implicated in the present case.

Accused Balwan S/o Dharambir aged 38 years has studied till class 8th and is a farmer by profession. He has denied all the allegations made against him and has stated that he has been falsely St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 296 implicated and was lifted by the police when he was coming back to his house from his fields in the evening after sunset being unaware of the incident and he came to know of the incident only when he was taken to the police station. He stated that he has been falsely implicated.

Accused Rajbir @ Nanha S/o Mai Chand aged 44 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that on the date of the incident i.e. 21.04.2010 he was at his fields and came to know of the incident only at 9 PM when he returned home. He has further stated that in fact prior to this incident he was a chowkidar at the "jhor"/pond of Suresh (a member of 'B' community) who had the fishing contract and on one occasion two months prior to this incident Tara Chand had received burn injuries accidentally while at the "jhor" and he (Rajbir) had left him to the Bhatta of Suresh. According to Rajbir, in his capacity as Chowkidar of the Jhor/ pond he had stopped many persons from stealing fishes from the Jhor/Pond which included Sushil, Sanjay S/o Raja Ram, Vijender and Sanjay S/o Gulab Singh all of whom have falsely identified him in the court and implicated him on account of village politics.

Accused Viren S/o Sh. Yashpal aged 22 years has done the course of Junior Engineering from Hissar and at the time of incident was employed at Vita Milk Plant at Jind. He has denied all the allegations made against him and has stated that on 21.04.2010 he was unwell and hospitalized at Punia Nursing Home, Safido bye pass, Jind due to stomach ailment. According to him, he has been falsely implicated.

Accused Dharambir S/o Sh. Mai Chand aged 44 years has stated that he is innocent. He has denied all the allegations made against him and has stated that in the year 2007-2009 he was managing St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 297 the affairs of the village temple that is Phoolan Devi Mata during that time as authorized by the village panchayat when he had got the charava/ offerings rights. According to him, Sanjay S/o Raja Ram is a chain snatcher and a pick pocket of the area and in the said year when he was managing the affairs of the Temple Sanjay had on one occasion committed chain snatching on a lady when he was caught red handed by some boys of the village after which they all gave him beatings and also got the chain returned to the lady as a result of which Sanjay has become inimical to him and the other boys of the village. He has further stated that prior to him the theka/ contract of the offering was with Satyawan (a member of 'B' community) and prior to that this theka/ contract was always with the 'B' of the village for almost twenty years. According to the accused Dharambir ever since he had got the contract from the Panchayat the 'B' took it adversely and therefore on account of caste politics, Meena Kumar, Mahajan, Vijender, Vicky, Sanjay, Gulaba and Kamla had falsely implicated him in the present case.

Accused Deepak @ Sonu S/o Krishan @ Pappu aged 21 years and at the time of the incident was a student of 2 nd year at engineering college Ambala where he was staying as a paying guest behind the hostel by taking a room. He has denied all the allegations made against him and has stated that 19.4.2010 there was a dispute in the village on the she-dog of Jai Prakash who had caught hold of his pant and when he tried to free it, there was a quarrel which matter was amicably settled on 19.4.2010 itself. However, since he did not want any further dispute so he left for Ambala to his room on 20.4.2010. He states that he is innocent and has been falsely implicated.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 298 Accused Kuldeep @ Midha S/o Sh. Balbir Ram aged 35years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that he was not even present in the village on the date of incident and was admitted at Puniya Hospital, Jind from 18.4.2010 to 22.4.2010 as he was suffering from dysentery and vomiting and prior to that middle finger of his right hand got cut in the wheat harvesting machine and therefore he was receiving treatment for the same.

Accused Rajender S/o Belu Ram aged 60 years has studied till class 6th and is a farmer by profession. He has denied all the allegations made against him and has stated that he was not present in the village at the time of the incident and had gone to his fields which are four kilometers away from village for harvesting of wheat as he had borrowed the machine of Anand for the said purpose. He has further stated that he returned to the village only on 22.04.2010 when he came to know of the incident. He states that he is innocent and had been falsely implicated in the present case.

Accused Jagdish @ Hathi S/o Sh. Baru Ram aged 36 years has studied till class 10 th and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was at his fields from morning 7AM till 10PM along with Satyawan S/o Bhim Singh and has been falsely implicated.

Accused Suresh Kumar S/o Balbir aged 38 years is a Matriculate and has been observed to be handicapped by 70% suffering from Polio. Copy of the Disability certificate he has been placed on record. He has denied all the allegations made against him and has stated that he was previously employed with doctor Hari Chand Midda at St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 299 Jind and on one occasion he had helped Pradeep with medicines worth Rs.2980/- and later Pradeep also asked him for a friendly loan for Rs.20,000/- which he refused as he had never had that amount, on which Pradeep refused to pay the money for the medicines which he had given him and was harboring a grudge against him for the same due to which reason he has been falsely implicated.

Accused Rajender S/o Sh. Sadhu Ram aged 52 years has studied till class 5th and is a cultivator by profession. He has denied all the allegations made against him and has stated that he is a very poor person with no landed property and he takes the lands of others for cultivation. According to him, he was not present in the village at the time of the incident as he was away to fields belonging to his co-brother (Sandhu) at village Ekas which is twelve kilometers away from village Mirchpur which he had taken for cultivation. He has further stated that he had left his village on 19.04.2010 and returned on 25.04.2010 for harvesting.

Accused Ram Phal S/o Prithvi aged 36 years has studied till class second and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was present at his fields since morning 7 AM till evening 9-10 PM and it was only after he returned to his house that he came to know of the incident. He has further stated that his first cousin brother Dharambir @ Illa who is the son of his "tau" had been given the offering rights by the panchayat of the Mata temple for the year 2007 and 2009 which rights were with the 'B' for the last twenty years prior to this. According to him there was no police arrangement at the temple and the entire responsibility of maintaining the law and order was on them and he was St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 300 one of the persons who used to guard the temple and the shops near by along with his other brothers. He has stated that on one occasion they had caught Vicky S/o Dhoopa removing the electric wire of the light installed on the top of the mandir and gave beatings to him due to which reason Vicky became inimical to them. He has further stated that Sanjay S/o Gulab had entered into his fields on one occasion and committed theft of crop/channa when he was caught by him, on which he along with three to four other boys who had entered his fields inflicted injuries upon him (accused) and the incident was reported to the panchayat pursuant to which the matter was compromised. According to him all these persons namely Dhoopa, Santra, Mahajan, Vijender, Vicky, Dilbagh, Sanjay S/o Gulaba, Manoj, Rajesh, Satyawan, Gulaba, Pradeep and Kamla frequently indulge into committing thefts from the shops around the temple and exploited the visitors to the temple and have been caught by him on number of occasions and it is for this reason that they have become inimical to him and have taken revenge and he has been falsely implicated on account of the caste politics in the village.

Accused Daya Singh S/o Sh. Ajeet Singh aged 50 years and on the date of the incident i.e. 21.04.2010 he was employed as a servant with Raghu Baniya at his shop which is away from the place of the incidence and is situated in the middle of the village. He has denied all the allegations made against him and has stated that he had left his house at 6 AM and went to the shop first and thereafter he accompanied Raghu Baniya to Anaj Mandi Jind for sale of wheat and returned to the village only at 6 PM when he came to know of the incident. According to him, he had a plot of land adjoining the 'B' Basti and about three years prior to the incident and had objected to the entry of animals belonging St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 301 to the 'B' to his plot due to which reason there was a quarrel. He has further stated that he was beaten and even gone to the police to lodge a complaint but with the intervention of police the matter was compromised. According to him, he has been falsely implicated.

Accused Pradeep S/o Sh. Balwan aged 35 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was at his fields since 6AM till 8 PM and he came to know of the incident only on his return to the village. He has further stated that he owned a tractor which he some times give on hire and on one occasion Vicky had hired his tractor and on his instance he had brought five trolleys of mud and dropped the same in front of his (Vicky) house and when he asked for money there was a dispute. He has further stated that after the incident dated 21.04.2010 there was large scale caste politics in the village and he has been falsely implicated in the present case on account of the said politics only because he belongs to the 'J' community.

Accused Rishi S/o Sh. Satbir aged 32 years is a driver by profession and is totally illiterate. He has denied all the allegations made against him and has stated that he was employed with Bansi a resident of village Kapro, district Hissar and he normally remains at the dumper and return home only after fifteen to twenty days. According to him on 21.04.2010 he was on him dumper and had left the village ten days prior to the incident. He has further stated that on 21.4.2010 he was present at village Kharkhoda district Sonipat for dumping mud at a site and further states that he returned to the village only on 05.05.2010 and he himself surrendered on 15.05.2010. According to him, he is a victim of village politics. He has further stated that Santra, Sanjay, Vicky, Sanjay S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 302 Gulaba, Manoj, Pradeep and Kamla are belonging to one party and supporting Master Subhash in the panchayat elections whereas he (accused) was supporting the candidate Ramphal. According to him, he had caught all of them casting bogus votes and reported them to the sarpanch and the duty officer due to which reason they were inimical to him. He also states that he resides near the 'B' Basti and on many occasion the animals of the persons from the 'B' community entered his house to which he had objected. He states that he has been falsely implicated on account of the aforesaid reasons.

Accused Jasbir S/o Sh. Ishwar aged 29 years has studied till class 12th and is a farmer by profession. He has denied all the allegations made against him and has stated that he was not even present in the village at that time as he had gone to his fields which are about three to four kilometers away from the village and had returned back to the village from the fields only at about 8.00-8.30PM. He has further stated that Kamla has wrongly identified him and falsely implicated him.

Accused Karam Pal S/o Satbir aged 22 years has studied till class 7th and is a farmer by profession. He has denied all the allegations made against him and has stated that Rajender S/o Pale is his chacha by village relations and on 21.04.2010 he had gone to Balaji Hospital, Jind Rohtak Road for treatment of Dinesh as he had been injured while he was trying to save Rajender from the assault of the boys belonging to 'B' community. According to him in the morning while he and Rajender S/o Pale were coming back to their village on their boogie and were passing through the main gali they were stopped by some boys belonging to 'B' community and assaulted but he managed to escape and raised alarm in the village and informed them that Rajender had been St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 303 caught on which Dinesh who is the nephew of Rajender went to save him but had received injuries on his head. He has further stated that he along with Rajender and Prem, father of Dinesh had rushed Dinesh to Balaji hospital and therefore he does not know what transpired in the village thereafter since he returned to the village only in the evening at about 8 PM. He has further stated that Sanjay S/o Raja Ram has a criminal record of theft and had committed the theft of hukka of Pale, the father of Rajender on which he had caught him and handed him over to Pale after giving a beating to Sanjay S/o Raja Ram due to which reason he is entertaining a grudge against him since then. He has also stated that Sanjay S/o Gulab, Pradeep, Vicky and Manoj had hunted down a peacock on the panchayat land which he had witnessed and he carried the body of the peacock to the sarpanch and demanded action against these boys on which panchayat was called and all the boys i.e. Sanjay S/o Gulab, Pradeep, Vicky and Manoj were asked to deposit a sum of Rs.3000/- each in the panchayat fund then these boys had threatened him with dire consequences and to see him later and it is under these circumstances that they had falsely implicated him.

Accused Sunil @ Sonu S/o Jaibir aged 25 years is a teacher by profession and at the time of incident he was teaching primary classes in Vidya Vihar Senior Secondary School. He has denied all the allegations made against him and has stated that he is a graduate and had done JBT First year and on the date of the incident he was in his school since 7 AM and returned to the village at abut 5PM when he came to know about the incident. According to him, he is innocent and has been falsely implicated in the present case.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 304 Accused Sumit S/o Satyawan aged 21 years is a Matriculate and is a farmer by profession. He has denied all the allegations made against him and has stated that on the date of the incident i.e. on 21.04.2010 he had gone to the fields which are two kilometers from the village along with his father at 6 AM and returned to the village only on 22.04.2010 at about 7.00 AM. According to him, he has been falsely implicated by Manoj on account of a previous quarrel with him about four months prior to this incident when he (Manoj) had hit him with the side of his cycle. He has stated that he has no concern with the incident since he was not even available in the village and has been falsely implicated.

Accused Pradeep S/o Sh. Ramphal aged 24 years is 5th class pass and is a farmer by profession. He has denied all the allegations made against him and has stated that on the date of incident he had gone to his fields, which are three to four kilometers away for wheat harvesting and returned to the village only at 7.00AM on 22.04.2010 when he was arrested on the same day in the afternoon. According to him, he is innocent and has been falsely implicated in this case.

Accused Roshan S/o Ram Swaroop aged 38 years has studied till class 5th and is a farmer by profession. He has denied all the allegations made against him and has stated that he has been falsely implicated by Vicky on account of his previous dispute with him since on one occasion he had caught Vicky while he was indulging into eve teasing in a public transport/ bus and restrained him from doing so when the matter had also reached the police. According to the accused, Manoj is a good friend of Vicky and they together have implicated him falsely.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 305 Accused Surender S/o Sh. Jagda aged 28 years has denied all the allegations made against him and has stated that he was lifted by the police when he was coming back to his house from his fields in the evening at 4 PM being unaware of the incident and he came to know of the incident only when he was taken to the police station. According to the accused, he is innocent and has been falsely implicated.

Accused Hoshiar Singh S/o Sh. Mangal Ram aged 55 years is 6th class pass and at the time of incident was employed at Sugar Mill Jind. He has denied all the allegations made against him and has stated that he was not even present in the village and was away to Sugar Mill at Jind and returned home only at night. He has further states that Kamla is his neighbour and his house is just three to four houses away from her house. According to him, he was sleeping at his house when he was lifted by the police early morning on 22.04.2010 and falsely implicated in the present case.

Accused Ajeet S/o Dalip aged 40 years has studied till class 7th and is a farmer by profession. He has denied all the allegations made against him and has stated that on the day of incident he was not present in the village and had gone to his sister's house at village Kharkhara District Hansi where he had gone on 18.04.2010 to get Tura/fodder and returned only on 21.04.2010 evening and was apprehended by the police in the night hours. According to the accused, he has been falsely implicated in the present case.

Accused Rajender S/o Dhoop Singh aged 50 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he had left for his fields in the morning for harvesting of wheat and returned at St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 306 midnight/intervening night of 21-22.04.2010 at about 12'O clock/ 1 AM when he came to know of the incident and was arrested in the early hours of morning itself. He states that he has been falsely implicated.

Accused Rajender S/o Pale aged 33 years is a Matriculate and is a farmer by profession and at the time of incident was having a dairy for supplying milk in the village and also to Lakshay Dairy, District Jind. He has stated that he is the only able bodied male person in his family who is the earning hand and his widow mother stays with him and his family comprising of his wife and two children and two married sisters. He has denied all the allegations made against him and has stated that on 19.04.2010 he was at his house in the evening and it was at late night at about 10-10:30 PM that he came to know that there was some dispute between the boys belonging to 'B' community and 'J' boys connected with the she-dog of Jai Parkash and he does not even know whether the dispute had even sorted out or not.

According to him on 20.04.2010 some 'B' had come to purchase milk from him and he could supply it only to a few persons and on account of less supply he could not supply the milk to the other 'B'. After some time some of the 'B' came to his shop and protested as to why he had not supplied milk to them on which he told them that there was no supply and on account of the shortage he could not supply milk to them on which they made allegations against him that it was on account of the dispute of the previous night i.e. 19.04.2010 that he was deliberately not supplying milk to them on which he told them that this was not so since there was no dispute with him and therefore the question of not supplying of milk does not arise. He has further stated that he also told them that large number of persons from 'J' community St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 307 also could not supplied milk on account of shortage of supply but they refused to listen to him and abused and threatened to see him in case if he came to their side.

He has further stated that on 21.04.2010 in the early morning he distributed milk in the village and thereafter he along with Karampal went to the house of Satbir to pick up the iron pipes required for installation of submersible pump at their house because the water level had gone down and while they were returning with the pipes on their boogie (bullock cart) he along with Karampal were surrounded by Kalu S/o Veer Bhan, Rajbir and his two sons, Sanjay S/o Satpal and some other 'B' boys whose names he does not know who started beating him saying why he had not supplied milk to them on 20.04.2010. He told them that the supply was less and he had supplied whatever milk was available but they were not satisfied and assaulted him on which Karampal escaped and raised an alarm in the village. According to him on this Dinesh S/o Prem came to his rescue but he was also hit with a jellie and severally beaten as a result of which he (Dinesh) received an injury on his eye which got damaged and when other persons from the village also came he (accused) and Dinesh were rescued and he along with Prem and Karampal took Dinesh to Balaji hospital Jind but they refused to admit Dinesh as his eye appeared to be badly damaged and they referred them to Government Hospital. He has further stated that from Balaji hospital he and Prem took Dinesh to General Hospital Jind whereas Karampal remained at Balaji hospital. According to the accused, he had also received some injuries and was given treatment at General Hospital and at the GH hospital Jind he had also given a telephone call to Dr. Kuldeep at PGI Rohtak who is his cousin since the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 308 hospital authorities were taking time and delaying the admission of Dinesh in the hospital. He has further stated that the said call was made from one of his mobile numbers which was either 9467090205 (which connection is in his name) or 9812628500 (which connection is in the name of his mother) which he was carrying and he remained in the hospital till about 5-6 PM and it was only when he returned to the village he came to know of the incident.

The accused Rajender has further stated that the name of his father is Satpal and not Pale and he has been falsely implicated in the present case and at the time of his arrest he repeatedly told DSP Tula Ram that he is Rajender S/o Satpal and not Pale but DSP Tula Ram threatened to ensure that he was hanged and also illegally detained him at the police station for two days. The accused has admitted the memo of arrest dated 21.05.2010 but states that he was picked up by the police on 19.05.2010 and produced before the hon'ble court only on 21.05.2010. He has further stated that the name of his father was Satpal and he was never known as Pale, in fact there were other persons in the village of the 'J' community by the name of Pale which request has not been investigated.

He has further stated that he knows the witness PW13 as the wife of Ved but is not aware her name that is whether it is Sunita or not. According to him she belongs to his village and used to come to his shop for purchasing milk on credit which he refused since previously also he was running a general merchandize shop which he had to close on account of losses as people used to make purchases on credit and thereafter never paid for it due to which she has wrongly identified him.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 309 He has also stated that Sushil and Vijender are owning a large number of pigs and other animals who often strayed into his plot which is present in the main gali to which he had objected on many occasions. According to him, Sushil and Vijender are also having a butcher's shop in the 'B' Basti for which they rear these animals and therefore there has been a quarrel on this account on many occasions.

He has further stated that Rani is the wife of Sanjay who had purchased "Bajra" from him on credit and later refused to pay for the same on which there was a quarrel between them.

In so far the witness Sanjay who is the husband of Rani is concerned, the accused has stated that Sanjay had made false allegations against him since earlier he was running a grocery shop and Sanjay had purchased 20 Kgs Bajra from him on credit and later when he asked him for payment he refused after threatening him and there was a hatha pai between them since which date they are not on talking terms with each other.

He has further stated that Meena Kumar has falsely identified him since his uncle Rajbir and his sons whose name he does not know had assaulted him and Karampal in the morning on 21.04.2010.

According to him, Mahajan had wrongly identified him as he is the real brother of Meena Kumar and the nephew of Rajbir who along with his sons had assaulted him in the morning due to which reason he sustained injuries and had to be taken to the hospital along with Dinesh.

The accused has also stated that Sube Singh owned an Atta chaki and about nine/ ten years prior to the incident when his father was St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 310 in the army and he along with his mother used to stay in the village and were getting their wheat crushed from the atta chakki of Sube and on one occasion there was a delay from the part of his mother in making the payment on which Sube came to their house and insulted them on which there was a quarrel after which they had no concern with him. He has falsely implicated him on account of the fact that he entertained a grudge against him for this reason.

In respect of the witness Vicky, he has stated that Vicky used to pass through the main gali in the morning wearing shorts and playing loud objectionable songs on his transistor which he carried on which he (Rajender) had asked him (Vicky) to desist from the same as there were women and young girls in the area and his (Vicky) behaviour was inappropriate.

According to him, Dilbagh and Sanjay are both sons of Gulaba chowkidar and Sanjay had come to his shop five to six years back when he was running a general merchandized shop and tried to sell wheat to him which he came to know was stolen and he refused and also informed other persons in the village about his act. He has further stated that at that time Sanjay was a drunkard as a result of which his first wife had committed suicide and when Sanjay tried to sell this wheat to him, he along with the other boys handed him over to his father Gulaba along with the wheat bag and ever since Sanjay is not on talking terms with him and had even assaulted him after five to six days. He has further stated that they used to take milk sometimes from him and than from some other person in the village but never paid the payment on which he stop the supply of milk to their family.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 311 He has also stated that Manoj is the brother of Rajender who had a quarrel with him one month prior to this incident on purchase of Milk from his shop and it was a Wednesday and Rajender had taken five liters milk from his shop and asked him to keep five liters more since he was having a tea stall at the Mata Ka Mandir in their village where they had a mela every Wednesday. He has further stated that after taking the milk in the morning he came back to him in the afternoon at about 11-12 O'clock and asked him to take back the milk which he refused since the milk once sold could not be taken back and on this all the three boys i.e. Rajender, Manoj and their younger brother got together and started quarreling with him and also threatened to see him later. It is for this reason he has falsely named him.

The accused Rajender has further stated that Satyawan is a local politician and in the previous elections of the assembly Satyawan was supporting a Congress candidate by the name of Randhir Singh and he along with his group were supporting Rajiv Raja an independent candidate. He has further stated that on the date of the elections the brother of Rajiv Raja was threaten by Satyawan at the election booth and started doing hatta pai on which they intervened to save him in which process Satyawan had been hit with a plastic chair which broke though he did not receive any injuries and since that day Satyawan is having a grudge against him.

He has also stated that Pradeep had falsely implicated him due to previous quarrel of his family members with Kamla the mother of Pradeep as the pig belonging to Pradeep and Kamla had delivered piglets at his adjoining plot where they keep their uplas and when his (Rajender's) mother went to their plot she was attacked by the pig and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 312 when they asked Kamla to remove the pig from the plot there was a quarrel on that account. He has further stated that he had been wrongly identified and falsely implicate due to village caste politics.

Accused Vijender @ Handa S/o Sh. Hoshiyar Singh aged 29 years has studied till class 12th and at the time of incident was working at a Welder's shop at district Jind. He has denied all the allegations made against him and has stated that he had gone to his in- laws house on 20.04.2010 at village Naina Titarpur, District Sonipat and returned only on 21.04.2010 evening when he was lifted from his house at night while he was sleeping when he came to know of this incident. He has further stated that his family had a previous dispute with Santra and Kamla since on one occasion he had caught Santra stealing fodder from their fields and his mother had caught Kamla stealing cow dung cakes (uplas) from their plot situated next to the house of Kamla. According to him, he is residing near the 'B' Basti and therefore he has been falsely implicated in the present case.

Accused Dinesh S/o Prem aged 21 years has studied till class 11th and on the date of the incident he was doing the work of plastic pipes on daily wages at Jaipur. He has denied all the allegations made against him and has stated that on 21.04.2010 he was present in the village when in the morning he was coming back from the fields along with his father in a boogie and while they were passing through the main gali he met Karampal S/o Satbir on the way who told him that Rajender S/o Pale had been waylaid and was being beaten by some boys belonging to the 'B' community. According to him, when he came to know of this he ran towards the direction of the 'B' Basti where Rajender S/o Pale was being beaten and when he reached 'B' Basti he found six to seven boys St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 313 belonging to 'B' community beating Rajender. He has further stated that he tried to intervene in order to save Rajender but he was hit with a jellie in this process and received injuries on his left arm and on his right side temple near the eye and started bleeding and became unconscious. According to him, when he regained consciousness he was at medical General Hospital Jind and found his father Prem Singh along with him and Rajender S/o Pale present in the Hospital. He has further stated that he was lifted by the police from the hospital and arrested on 22.04.2010 and has been falsely implicated in the present case.

Accused Vinod S/o Sh. Ram Niwas aged 50 years was posted at SHO at Police Station Narnaund about three to three and a half months prior to the incident. He has denied all the allegations made against him and has stated that his mother expired on 09.04.2010 and he proceeded on leave for ten days on 09.04.2010 and joined only on 20.04.2010 on which day he had to go to village Barchappar, District Hissar for investigations of a double murder case along with CID crime team and returned at the police station only at about 10:30 PM. According to him, on 21.04.2010 he received the information at about 9- 9:30 AM about the incident at village Mirchpur on his official land line telephone pursuant to which he immediately sent four to five officials to the village to control the situation. According to the accused, Police Station Narnaund is a small police station and at a time there is staff of not more than nine to ten persons present at the police station and on receipt of the call he had sent all the officials present in the police station except the munshi, santri and wireless operator who stayed back with him in the police station while he simultaneously informed DSP Hansi Sh. Abhay Singh, Superintendent of Police Hissar Sh. Subhash Yadav St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 314 and also directed all the officials posted at the police chowki Kheri Chowpta and Police Station Bass to reach village Mirchpur. He has further stated that after about half an hour he received a call from his subordinate police officials who had reached the spot informing him that situation was getting out of control on which he directed them to remain at the spot whereas he called for additional force by informing the Superintendent of Police Hissar and after additional force came from Sadar Thana Hansi, Police Station Barwala, CIA Staff Hansi and other police officials posted in his police station he went to the village Mirchpur with them and tried to disperse the crowd by use of force i.e. lathi charge but since they could not control the crowd as the force was very less and the persons had gathered in large numbers and therefore he requested the Duty Executive Magistrate Sh. Jage Ram who by that time had also reached the spot to permit use of fire arms for dispersing and controlling the crowd but since there were women and children also in crowd he (Jage Ram) refused to grant the permission on this pretext. He has further stated that he tried his best to control the situation till the backup arrived along with senior police officers and he also called the fire brigade and the ambulance at the spot. According to him he had done his best what he could under the given circumstances. He states that he had been falsely implicated only because he belongs to the same community as of alleged assailants and due to political pressure.

Accused Kulwinder S/o Sh. Ram Mehar aged 25 years is a Matriculate and is a farmer by profession. He has denied all the allegations made against him and has stated that Sheela is his neighbour and her animals normally strayed into their house to which he had objected but there has never been any major dispute. He has further St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 315 stated that house of Sube Singh is also situated near his house and when his house was under construction he (accused) had gone to his plot to drop the building material and while backing his tractor he accidentally hit the wall of the house of Sube which was damaged and there was a quarrel between them after which incident Sube Singh had become inimical to him. The accused has further stated that the family of Vicky who is the son of Dhoop Singh is involved in sale of liquor in the village and his (accused) brother Pawan who is also an accused before this court in this case used to purchase liquor from Vicky and there was a quarrel between them in connection with the sale-purchase of the liquor on account of which Vicky had been beaten by his brother and had become inimical to their family. According to him Sanjay S/o Gulab had hunted down a rabbit in the village which he had seen to which he objected and there was verbal altercation between them and since then they are not on talking terms. The accused has further stated that Mahender the father of Manoj and his father Ram Mehar had a previous history of dispute as there was a quarrel between them and their families are not on speaking terms due to which reason Manoj has falsely implicated him. According to the accused, Pradeep used to play cricket with him in the school grounds and there was a major quarrel between him and Pardeep after which they are not on talking terms and he has falsely named him on account of the same. The accused has further stated that Kamla the mother of Pradeep used to come to their house in the morning to take lassi but used to speak very loudly and objectionably which was objected to by his family and they stopped giving her lassi as a result of which she also became inimical to them. In so far as Sanjay and Mahajan are concerned, the accused has stated that he had no interaction with them St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 316 but it is only on account of village politics that he had been wrongly identified and falsely implicated by them in the present case despite the fact that he was not present in the village for three days on account of harvesting of wheat.

Accused Monu S/o Sh. Suresh aged 22 years a student and was a student of BA 2nd year from C.R. Kisan College, Jind due to which reason he was residing at his Bua's House at village Gandela Distt. Jind. He has denied all the allegations made against him and has stated that his father Dr. Suresh had a dispute with Tara Chand 'B' and his family on some money matter and his house is near the 'B' Basti due to which reason Pradeep and Kamla and other 'B' had falsely implicated him and his family.

Accused Amit S/o Satyawan aged 21 years has denied all the allegations made against him and has stated that he had gone to his Mama's house at village Tikra, Bhiwani Road, District Jind on 2.4.2010 and returned only on 29.4.2010. He has further stated that he had gone there to help in harvesting and had been falsely implicated.

Accused Sunil S/o Daya Nand aged 35 years was at the time of incident employed with Haryana police as Constable. He has denied all the allegations made against him and has stated that he was not even present in the village on the date of incident and had left for Hissar at 8-8:03 in the morning to search for his first cousin that is son of his mausi who had been kidnapped and returned back to village Mirchpur only on 24.04.2010. According to him, he is innocent and has been falsely implicated due to village politics.

Accused Baljeet S/o Late Sh. Inder aged 42 years has denied all the allegations made against him and has stated that Sanjay St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 317 S/o Raja Ram, Mahajan, Vicky, Sanjay S/o Gulab, Manoj and Gulab all belong to one extended family and were inimical to his father who was mentally unstable and used to hurl abuses at everybody. According to the accused they had falsely implicated him on account of the previous grudge and his father had expired only after the incident. He states that he is innocent and has been falsely implicated and wrongly identified by the witnesses.

Accused Rajesh S/o Dhoop Singh @ Dhupa aged 27 years has studied till class 7th and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was at his fields for harvesting of wheat from where he had gone to Jind Mandi to sell his wheat and returned only on 22.04.2010. He states that he is innocent and has been falsely implicated in the present case.

Accused Ramesh S/o Karan Singh aged 33 years is a graduate (BA) and at the time of incident was doing JBT. He has denied all the allegations made against him and has stated that on the date of incident i.e. on 21.04.2010 he was at Kaithal at his sister Santosh's house where she is residing with her husband and her family. According to him he came to know about the incident which took place in the village through the news papers on the next day and has been falsely implicated.

Accused Amir S/o Tara Chand aged 37 years is a Matriculate and is a driver by profession. He has denied all the allegations made against him and has stated that on that day his niece/ bhanji daughter of his sister who is residing at Village Dakal District Jind had met with an accident and broken her leg and he had gone to her village to take her to Hissar Hospital. He states that he is innocent and has been falsely implicated.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 318 Accused Anil @ Neel S/o Prem Singh aged 35 years is a farmer by profession. He has denied all the allegations made against him and has stated that he had gone to fetch his children from his in-laws house at village Tarkali, Distt. Sirsa and was present there from 20.4.2010 till 22.4.2010 when he returned only about 6-6:15 PM and came to know about the incident only thereafter. He states that he is innocent and has been falsely implicated.

Accused Balwan S/o Jai Lal has studied till class 3rd and is a farmer by profession. He has denied all the allegations made against him and has stated that he was even not present in the village and had gone to village Bibipur, District Jind which is twenty kilometers from village Mirchpur on 20.04.2010 to purchase a buffalo and returned only on 22.04.2010. He has further stated that he had stayed there at his brother-in-law/Sala's house and came to know about the incident only on 22.04.2010. He states that he is innocent and has been falsely implicated in the present case.

Accused Charan S/o Sadhu Ram aged 29 years has studied till class 10th and is a farmer by profession. He has denied all the allegations made against him and has stated that he was in Jind on the date of incident i.e. 21.4.2010 where he had gone to sell his wheat in the Mandi to one Suresh. He states that he is innocent and has been falsely implicated.

Accused Anoop S/o Dharma aged 21 years is a student and on the date of the incident was studying in first year in Sir Chhotu Ram Kissan College at Jind. He has denied all the allegations made against him and has stated that on 21.04.2010 he was at Bahadurgarh after having completed first year examination on 18.04.2010. He has further St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 319 stated that on 21.04.2010 he had gone to his brother's house at Bahadurgarh to deliver Ghee to him which was given to him by his mother for the said purpose and he has been falsely implicated.

Accused Dalbir S/o Sh. Tara aged 35 years has studied till class 12th and is a farmer by profession. He has denied all the allegations made against him and has stated that on the date of the incident he had gone to the village of his widow sister at Patrey, Panipat for harvesting of wheat. He has further stated that Manoj is his neighbour and he does not know why Manoj and Kamla have falsely implicated him in the present case.

Accused Krishan Kumar @ Dhaula S/o Sh. Satyawan aged 24 years is a graduate (BA) and at the time of incident was working as a security guard in an agency at Jind behind the court. He has denied all the allegations made against him and has stated that he left the village at 6 AM and came back only at 8 PM when he was informed about the incident. He states that he is innocent and has been falsely implicated.

Accused Jogal S/o Sh. Hawa Singh aged 34 years has denied all the allegations made against him. He has stated that Sanjay is a chain snatcher and a pick pocket of the area. According to him on one occasion when he (accused) had gone to the village Temple along with his brothers he found that Sanjay, Vijender and Mahajan were involved in an incident of snatching of chain of a lady who raised an alarm and they on hearing the same caught hold of Sanjay and gave beating to him and also to Vijender and Mahajan who were with him and recovered the chain from them and thereafter returned the same to the said lady. He has also stated that Manoj is a very good friend of Sanjay, Vijender and Mahajan and belong to the same friends circle and had therefore falsely St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 320 identified him at their instance. He has further stated that pursuant to the above incident he was attacked on three occasions by these boys i.e. Sanjay, Vijender and Mahajan in order to seek revenge from him. He has further stated that his (accused) father was a drunkard and he used to take liquor supply from Dhoopa and Vicky and when he stopped Vicky from providing alcohol to his father and did not adhere to his request he gave him a beating and told him that he will not give him any money for the alcohol supply to his father. He has further stated that a few days later his father took a bag of wheat and gave it to Vicky in lieu of the alcohol being supplied to him on which he objected and brought the bag of wheat back to his house on which there was a quarrel between him and Vicky and Dhoopa had even threatened him. He has further stated that Vicky had purchased a second hand television from his brother and did not make the payment on which he brought the TV back but Vicky hit him with a lathi and there was a quarrel. He states that on account of this hostility he has been falsely implicated by Vicky. He has further stated that Kamla used to take the milk supply from their house but did not make the payment of the same on which he stopped the supply and she became inimical to him and therefore they all had falsely implicated him.

Accused Jitender S/o Sh. Satbir Ram aged 22 years was a student of BA Ist year correspondence. He has denied all the allegations made against him and has stated that on 20.04.2010 he had gone to village Machroli, District Jhajjar at his in-laws house and returned only on 22.04.2010. According to him, he has been falsely implicated in the present case.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 321 Accused Jora Singh S/o Sh. Balwan aged 21 years has studied till class 7th and at the time of incident was helping his uncle/chacha in dairy business at Jind. He has denied all the allegations made against him and has stated that he was not present in the village at the time of the incident as he was staying with his chacha/maternal uncle at Jind who is running a dairy business there and he is assisting him. He states that he is innocent and has been falsely implicated.

Accused Rakesh @ Kala S/o Sh. Satyawan aged 25 years has studied till class second and at the time of incident was a driver by profession employed at Jyoti Senior Secondary School which is two kilometers away from village Mirchpur. He has denied all the allegations made against him and has stated that he had left for his job at about 7 PM and returned at 4 PM when he came to know of the incident. He states that he is innocent and has been falsely implicated.

Accused Krishan S/o Sh. Karan Singh aged 42 years is BA, B. Ed. and at the time of incident was working as a private teacher. He has denied all the allegations made against him and has stated that on the date of the incident he was not present in the village since he had gone to Jind to make some purchases and from there he went to village Aleva, District Jind at his in-laws' house to pick up his children who were there. According to him, he came to know of the incident only on the next day through the news papers and he returned to the village only after two days and has been falsely implicated.

Accused Kuldeep S/o Om Prakash aged 30 years has studied till class 10th and is a farmer by profession. He has denied all the allegations made against him. He has stated that he was a driver of Mahendra Max which he used to put on hire. According to him on the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 322 date of the incident i.e. on 21.4.2010 he was away to his fields which are two to two and a half kilometers away from the village since 7 AM to 8 PM and has been falsely implicated by the family of Mahender, father of Manoj and Dhoopa father of Vicky since they are hooch suppliers (suppliers of liquor)/ peddlers of the area and he along with five to six other boys had started on a drive against illicit liquor in the village. He has stated that they were aggrieved of the same and has wrongly identified and falsely implicated him.

Accused Manbeer S/o Sh. Jile Singh aged 29 years has studied till class 12th and had also done his diploma in veterinary sciences and was posted as a Veterinary Inspector at Veterinary hospital Village Mirchpur. He has denied all the allegations made against him and has stated that Vicky used to come to his SDO (Vet.) for taking loan which loan was never sanction to him by the SDO due to which reason Vicky had a grudge against him for the same. He has further stated that he had been falsely implicated only because he belongs to the 'J' community on account of village politics.

Accused Naseeb S/o Prem Singh aged 23 years is a Matriculate and was working as a Peon in Vidya Vihar, Sr. Sec. School, Rajpura, Jind. He has denied all the allegations made against him and has stated that on the date of incident i.e. on 21.4.2010 he was at the school from 7 AM to 3 PM and when he reached the village he came to know about the incident. He states that he is innocent and has been falsely implicated on account of the village politics.

Accused Rakesh @ Nikli S/o Amar Lal aged 21 years has studied till 12th class and at the time of incident he was student at ITI Hissar. He has denied all the allegations made against him and has stated St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 323 that on the day of incident i.e. 21.4.2010 he was attending his classes at ITI, Tosham Road, Hissar and his attendance is present on the register. According to the accused he is innocent and has been falsely implicated.

Accused Pappu S/o Pyara aged 38 years has studied till class 12th and is a farmer by profession. He has denied all the allegations made against him and has stated that on the date of incident i.e. 21.4.2010 he was away to his fields which are two to two and a half kilometers away from village Mirchpur and he came to back to the village only at 7 PM when he came to know about the incident. According to the accused, he is innocent and has been falsely implicated only on account of the village politics.

Accused Pradeep S/o Jagbir aged 21 years and has denied all the allegations made against him. He has stated that on the date of the incident he was employed at village Nagali District Solan Himachal Pradesh where he was working as a supervisor over the labours in a building belonging to Base Corporation Ltd., which building was under construction at that time. He states that he was not even present in the village and has been falsely implicated.

Accused Pradeep S/o Sh. Jaibir aged 20 years has studied till class 10th and at the time of incident he was having a mobile repair shop at Jind-Rohtak Road, near Anaj Mandi, Jind. He has denied all the allegations made against him and has stated that he does not stay in proper village but he has his house in his fields which are about three kilometers away from the Lal Dora of the village. According to him, on 21.04.2010 he had left the village at about 7 AM and went to his shop at Jind where he remained till 8 PM and came to know of the incident on the next day. He has further stated that he has been falsely implicated by St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 324 Dhupa, Vicky (son of Dhupa) and Manoj since they are all involved in business of illicit liquor and sale of alcohol in the village to which he had objected to about two-three years prior to this incident and had also given information to the police about these activities done by Dhupa, Vicky and Manoj pursuant to which the police had also taken action against them and therefore they were harbouring a grudge against him. He has further stated that in so far as Sanjay S/o Raja Ram is concerned he has a number of criminal cases against him of pick pocketing and theft and when he came to his shop on one occasion, he told him not to come because of his reputation due to which reason he has taken revenge against him and he had been falsely implicated by all these persons.

Accused Pradeep S/o Sh. Suresh aged 24 years is a matriculate and at the time of incident was working in the United India Insurance Company at Jind. He has denied all the allegations made against him and has stated that on 21.04.2010 at 8.00AM he had left the village for Tehsil Ghanori, Distt. Patiala, Punjab for purchasing a bike and returned on 23.04.2010 and he was not even present in the village. He has further stated that he had a previous dispute with the boys belonging to 'B' community of the village namely Vicky, Manoj and Pradeep since on 05.03.2009 they had given him beatings after an incident of eve teasing of his first cousin by Vicky to which he had objected but the said incident could not be reported to the police on account of the death of his real sister at home on the same day. He has further stated that he had been falsely implicated in this case on account of village politics.

Accused Pradeep S/o Sh. Satbir aged 30 years has denied all the allegations made against him. He has stated that he had a St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 325 previous dispute with Sanjay S/o Raja Ram since on one occasion he wanted to take a lift in his car to Jind which he refused and ever since he is not on talking terms with him. According to him Santra is Sanjay's Aunt and the entire family is harboring a grudge against him due to which reason both Sanjay and Santra have falsely implicate him. He has further stated that he is a victim of village politics and that is why Vicky, Sanjay, Manoj, Gulaba and Kamla who are all residing near his house had falsely implicated him.

Accused Praveen S/o Sh. Jagdev aged 21 years was a student of MA (Prev.) English at the time of incident. He has denied all the allegations made against him and has stated that he was preparing for his examination after taking a room on rent and Jind which he was sharing with Sunil Kumar of his village. He has further stated that on that day he was attending his class at Small Talk Coaching Centre at Jind and has been falsely implicated.

Accused Pawan S/o Sh. Hoshiar Singh aged 21 years was a student of BA first year (Correspondence) at the time of incident. He has denied all the allegations made against him and has stated that on the date of the incident i.e. 21.04.2010 he was at Gurgaon with his first cousin i.e. son of his mausi and was learning plumbers job as he is having a showroom of sanitary wares. He has further stated that he returned to the village only after five to six days when he came to know about the incident on the next day through newspapers. He states that he is innocent and has been falsely implicated.

Accused Pawan S/o Rajbir aged 22 years has studied till class 5th and is a farmer by profession. He has denied all the allegations made against him and has stated that he was not even present at village St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 326 Mirchpur and was away to his sister's village Kalua, Distt. Jind to help her in the harvesting of wheat. He states that he is innocent and has been falsely implicated.

Accused Sandeep S/o Mahender aged 25 years has denied all the allegations made against him. He has stated that he was not even present in the village on 21.04.2010 was at Gurgaon since 29.03.2010 and returned to the village only 28.04.2010. According to him he came to know of the incident only on 22.04.2010 through news papers and he does not know why he has been implicated in the present case.

Accused Sandeep S/o Raj Kumar aged 25 years has denied all the allegations made against him. According to him, at the time of incident on 21.04.2010 he was attending his classes at Kinder King College of Education at Panipat and he does not know why Kamla had wrongly identified him and falsely implicated him in the present case.

Accused Sandeep S/o Ram Swaroop aged 26 years is a Matriculate and is a farmer by profession. He has denied all the allegations made against him and has stated that on the date of incident i.e. 21.4.2010 he was staying at his sister's house at village Songri Glana, Distt. Kaithal where he was staying since one year prior to the date of incident and doing farming there since his sister is financially much well of than him and was having much more land than his family which is comprising of his parents and his three other brothers and they own only two killas of agricultural land.

Accused Sandeep S/o Rattan Singh aged 25 years has denied all the allegations made against him. He has stated that he resides near the house of Kamla and she is known to him as such. According to St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 327 him, on the date of incident he was at Kakaroli, District Udaipur, Rajasthan with his brother who is a manager at JK Tyre company at Udaipur where he had gone in search of employment and therefore was not even present in the village.

Accused Sandeep S/o Jogender aged 25 years has studied till class 10th and his father owning a bhatta/ brick kiln at village Nidana, Distt. Jind where he was helping him in his business. He has denied all the allegations made against him and has stated that on 21.4.2010 he was at the Bhatta and only came to know of the incident later on through newspapers and has been falsely implicated.

Accused Sandeep @ Langra S/o Sh. Chander aged 27 years has denied all the allegations made against him. He has stated that on 21.04.2010 he was preparing fodder/ Toora from 6.00-6.30AM for the cattle at his fields which are three to three and a half kilometers away from village Mirchpur along with his family and returned only at about 7.00PM when he came to know about the incident and has been falsely implicated.

Accused Sanjay @ Sanjeep S/o Sh. Amar Lal aged 23 years is a Graduate and at the time of incident was working as a private teacher at Vidya Vihar Senior Secondary School, Village Rajpura Bahm, Distt. Jind. He has denied all the allegations made against him and has stated that at the time of incident he was attending his classes and was not even present in the village and has been falsely implicated.

Accused Sanjay S/o Daya Nand aged 30 years was a student of government senior secondary school, village Mirchpur in class 12th. He has denied all the allegations made against him and has stated that on the day of incident i.e. 21.4.2010 he was at the house of his Bhua St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 328 at village Kheda District Hissar where he had gone on 20.04.2010 to get Toora/ fodder for the cattle and returned on 22.04.2010 at about 11-12 noon and came to know of incident only on that day (22.04.2010).

He has further stated that on 03.05.2009 he was having his 10th class board class and was returning to village from Kheri Chopta village when he and Pradeep S/o Suresh (co-accused in the present case) were coming back along with the cousin sister of Pradeep who was also giving her papers then on the way Vicky was present near the school in a drunken condition and he committed eve teasing on the sister of Pradeep to which they objected and there was a quarrel. He has further stated that at that time they (Pradeep and Vicky) were separated after which they returned to their village. Thereafter while he and Pradeep were coming back to village and were passing through the main gali through the 'B' Basti, large number of boys belonging to 'B' community stopped their car which was belonging to Pradeep and damaged the same and also caused injuries to them in which Pradeep received more injuries then him but when they returned home after the incident the real younger sister of Pradeep had expired and therefore the matter could not be reported to the police. He has stated that it is for this reason that Sanjay, Vicky and Pradeep had wrongly identified and falsely implicated him in this case.

Accused Satyawan @ Satta S/o Sh. Karan Singh aged 50 years is totally illiterate and is a farmer by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was at his fields since 6 AM for harvesting of wheat and returned on 22.04.2010 at about 7 PM when he came to know of the incident. He has further stated that he had been falsely implicated in the present case on account of village politics since his fields are near the village and he had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 329 been stopping the animals i.e. pigs etc of these persons i.e. Sushil, Sanjay, Meena, Manoj and Kamla from coming to his fields and there had been a quarrel on this account with the 'B' prior to the incident and he had been falsely implicated in the present case.

Accused Satish S/o Sh. Randhir Singh aged 22 years has studied till class 12th and is a farmer by profession. He has denied all the allegations made against him and has stated that at the time of incident he was staying at village Samlo with his widow sister two years prior to the incident and was lifted from village Samlo in the month of September and falsely implicated in the present case.

Accused Satyawan S/o Rajender aged 30 years is totally illiterate and at the time of incident was doing the work of tractor mechanic at Suresh Tractor Workshop Hansi Rad, Jind. He has denied all the allegations made against him and has stated that on 21.4.2010 he had left the village Mirchpur at 7 AM and was present at his shop till 24.4.2010 on account of work load as it was harvesting season and he had been falsely implicated.

Accused Shamsher S/o Rajinder aged 20 years has studied till class 12th and is a Mechanic by profession and at the time of incident was working at a shop at Jind which is a tractor repair shop. He has denied all the allegations made against him and has stated that on the date of incident i.e. 21.4.2010 he was at his shop at Jind which shop belongs to Rishi Lal of village Mirchpur who is his chacha/ uncle by village relationship. He has further stated that he does not know any Sunita W/o Satbir and has been falsely implicated.

Accused Sheela @ Sunil S/o Sh. Beera aged 26 years is a Matriculate and is a farmer by profession. He has denied all the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 330 allegations made against him and has stated on 21.04.2010 he had gone to Jind Mandi to sell wheat and returned only by 5-6 PM when he came to know about the incident. He states that he is innocent and has been falsely implicated.

Accused Sonu @ Monu S/o Ramesh aged 20 years has studied till class 12th and at the time of incident was having a tractor which he used to give on rent/ hire. He has denied all the allegations made against him and has stated that on 21.04.2010 Jagdev S/o Gujan from their village had taken his tractor on rent/ hire and he had gone to his (Jagdev's) fields which are two and a half to three kilometers from the village along with his tractor for harvesting of wheat where he remained from morning 7 AM till 6 PM and came to know of the incident only when he returned. According to him, he is innocent and has been falsely implicated.

Accused Mandeep @ Sonu S/o Dalbir aged 22 years was a student of BA first year at the time of incident. He has denied all the allegations made against him and has stated that on 18.04.2010 he had gone to Jabalpur for giving examination for RPF and returned to Jind on 20.04.2010 where he stayed at his Bua's house till 22.04.2010. According to him he came to know of the incident of village Mirchpur in the TV News on 21.04.2010 evening and returned to his village on 22.04.2010 and has been falsely implicated.

Accused Naveen @ Teena S/o Rajbir aged 22 years has denied all the allegations made against him. He has stated that on 21.04.2010 he was away to his bua's house at Kalayat District Kaithal as she was unwell and his fufa (uncle) and his son were away being in service. According to the accused, he is innocent and has been falsely St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 331 implicated in the present case.

Accused Ved Pal @ Bedoo S/o Sh. Karan Singh aged 25 years is a student of MA (History) Final Year. He has denied all the allegations made against him and has stated that on 20.04.2010 they had harvested the wheat from their fields and on 21.04.2010 he had gone to sell the wheat at Anaj Mandi Jind for which he left the village at 7 AM in a Tata 407 and returned only in the evening at about 6:30 - 7PM when he came to know of the incident from the villagers. According to the accused, he has been falsely implicated in the present case.

Accused Vikas S/o Sunehra @ Sumer Singh aged 25 years has studied till class 12th and is doing his Graduation (BA). He has denied all the allegations made against him and has stated that he has a business of poultry farm at village Mirchpur and on 21.04.2010 he was not present at village Mirchpur and had gone to DM Poultry Research and Breeding farm at Uchana Khurd at Jind to purchase chicks for his poultry farm at Mirchpur and he returned at village only by 6.45- 7.00PM. According to the accused, he is innocent and has been falsely implicated in the present case.

Accused Vipin S/o Sh. Jogender Singh aged 20 years has denied all the allegations made against him. He has stated that he was staying at his bua's house at Hansi since last one and a half years prior to the incident where he was doing the business of property dealer with his "fufa" and was not even present in the village on 21.04.2010. According to the accused, he is innocent and has been falsely implicated.

Accused Joginder @ Jokhar S/o Inder Singh aged 32 years has studied till class 8th and is a farmer by profession. He has denied all the allegations made against him and has stated that on St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 332 21.4.2010 he was at his fields which are 15-20 killas away from village Mirchpur where he had gone at 7 AM in the morning and returned at about 6:30 PM. He has further stated that he had been falsely implicated on account of his previous disputes with Vicky and the family of Pardeep and Kamla and wrongly identified by them in the court.

Accused Rajpal S/o Sh. Sheo Chand aged 25 years is a graduate and at the time of the incident dated 21.4.2010 he was doing the business of poultry farm at his fields which are four to five kilometers away from the village. He has denied all the allegations made against him and has stated that on the date of the incident i.e. 21.04.2010 he was at his fields which are two and a half to three kilometers away from village Mirchpur for harvesting of wheat since 7 AM and remained there till 6 PM and he came to know of the incident when he returned to the village. He has further stated that he had a dispute with Dilbagh and Vicky two years prior to the incident on purchase of poultry from him which he had refused because they had both come to him in a drunken condition and there was a quarrel. He states that he has been falsely implicated on account of village politics.

Accused Jaibir S/o Sh. Balbir aged 35 years has denied all the allegations made against him. He has stated that Kamla is his neighbour and his house is just two galies away from her house. According to him, he is an Asthma Patient and on the date of the incident he was having an Asthma attack and was lying inside his house. He states that he has been falsely implicated in the present case and wrongly identified by Kamla.

Accused Ramesh S/o Sh. Dalip aged 55 years has studied till class 5th and at the time of the incident was driving a TSR at Jind. He St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 333 has denied all the allegations made against him and has stated that on 21.04.2010 he had gone to village Samro district Jind at about 8 AM on a booking of Dharamvir S/o Agdi Ram of village Mirchpur on account of some death in their family and he returned to village Mirchpur at about 5:30 PM when he came to know of the incident. He has further stated that he is residing near the 'B' Basti and had been identified only on account of village politics and had been falsely implicated.

Accused Rupesh S/o Sh. Tek Ram aged 30 years is a graduate and at the time of the incident was working as a clerk at Rishikul Public School, Nirwana Road, Jind which is eighteen kilometers from village Mirchpur. He has denied all the allegations made against him and has stated that he has been staying at his sister's house at Urban Estate, Jind from where he goes to the school and only returned to village Mirchpur during weekends i.e. on Saturday and return to his work at Jind on Monday morning. He has further stated that on 21.04.2010 he was present in the school since 7 AM till 3-3:15 PM and had returned to Mirchpur only on the following Saturday and he came to know of the incident next day through the news papers. He has further stated that in so far as Sanjay S/o Raja Ram is concerned, he had a previous dispute with him since on one occasion while he was going to his fields along with his first cousin i.e. son of his chacha when Sanjay was coming back through the gali in a drunken condition and started abusing them on which there was a quarrel and since that day they are not on talking terms with him due to which reason he has falsely named and identified him. He has further stated that in so far as Vicky and Mahajan are concerned they are in a habit of hunting down birds and animals in the fields to which he objected and they are inimical to him St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 334 ever since and he had been falsely implicated in the present case due to village politics.

Accused Bobal S/o Tek Ram aged 35 years has studied till class 7th and is a farmer by profession. He has denied all the allegations made against him and has stated that Sushil is a daily wager and on one occasion he had called him at the time of harvesting of wheat for labour work and after doing the work, he demanded 160 Kg (4 man i.e. 1 man = 40 Kg) wheat but he told him that the prevailing rate at that time was only three and a half man. According to him he told him to take as per the prevailing rate but he got annoyed and did not take the wheat of his labour and left by threatening to see him later.

He has further stated that Dhoop Singh and his son are involved into sale of liquor in the village which he used to purchase from them. He has stated that on one occasion he noticed that in the record maintained by Dhoop Singh regarding credit he was showing extra purchases on his name on which there was a quarrel with his son Vicky who started abusing him and therefore he had given him (Vicky) a beating and also did not make the payment of the extra amount which they were showing in his name on which Dhoopa and Vicky became annoyed. He has stated that they have wrongly identified him.

He has further stated that Sanjay S/o Raja Ram is a pick pocket and he was in need of some money for purchase of food articles for his home and taking pity on him he asked his chacha to give him sugar and tea on credit but Sanjay did not make the payment when his chacha demanded for the same and when he told Sanjay to make the payment he (Sanjay) asked him (Bobal) to make the payment promising to pay the same to him later after he gets this amount from somewhere St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 335 else by pickpocketing. On this he (Bobal) told him (Sanjay) that he doesn't indulge into these things and therefore asked him to make the payment directly. He has further stated that on other occasion he (Sanjay) wanted Rs.100/- from him for going to Uchana which he refused and since then Sanjay had became inimical to him.

He has further stated that his fields are adjoining the 'B' Basti and their animals frequently entered his fields due to which there is a dispute and it is for this reason Gulaba, Manoj, Sanjay, Dilbagh, Vijender, Mahajan, Kamla and Satyawan are inimical to him. According to him, in fact Kamla had been helped by him on many occasions since she belongs to a very poor family and despite the fact that she used to lift the upplas from his plot to which he never objected or quarrel with her. He has further stated that he does not know why she has wrongly identified him and he had been falsely implicated and wrongly identified on account of village politics.

Accused Jagdish @ Jagda S/o Lehna Ram aged 49 years has studied till class 10th and is a farmer by profession. He has denied all the allegations made against him and has stated the family of Santara had a criminal background and had falsely implicated him. He has further stated that the family of Vicky was indulging into sale of liquor in the village and his brother used to purchase the liquor from them. According to him, after the death of his brother Vicky came to him and demanded money for the liquor purchased by his brother before his death and when he refused saying that when his brother is no more, why should he make the payment on which there was a dispute. He has further stated that Vicky has falsely identified him on account of the aforesaid and he has been falsely implicated on account of village politics.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 336 Accused Pawan @ Tinkoo S/o Sh. Sewa Ram aged 23 years has studied till class 12th and is a farmer by profession. He has denied all the allegations made against him and has stated that on the day of the incident i.e. on 21.04.2010 he was at his house at village Petwa which is twenty two kilometers from village Mirchpur and he came to know about the incident only after seven to eight days. According to the accused he is innocent and has been falsely implicated.

Accused Vinod S/o Sh. Jagdev aged 23 years has studied till BA (second year) and is a teacher by profession. He has denied all the allegations made against him and has stated that on 21.04.2010 he was teaching Maths and Science to class 10 th at Vidya Vihar Senior Secondary School, Raj Pura, District Jind where he was employed. According to him, he has been falsely implicated.

Accused Ved Pal S/o Sh. Daya Nand aged 35 years has studied till BA 1st year and at the time of incident was running a shop at Jind Rohtak Road, Distt. Jind where he was doing the business of sale of grains. He has denied all the allegations made against him and has stated that he does not stay in the proper village and his house is situated in his fields which are two-two and a half kilometers from the village where the incident took place. According to him on 21.04.2010 he was at his shop at Jind which is about twenty five kilometers from village Mirchpur from 7.00AM to 8.00 PM and he came to know about the incident through the news papers on 22.04.2010. He has stated that he is innocent and has been falsely implicated in the present case only on account of caste politics in the village.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 337 Defence Evidence:

The accused before this court have examined as forty four witnesses in their defence as under:

DW1 HC Ram Singh has proved the leave record of the accused Vinod Kumar, the then SHO, Police Station Narnaund. He has proved that ten days casual leave w.e.f 09.04.2010 to 19.04.2010 had been availed by the accused Vinod Kumar. The photocopy of his application is Ex.DW1/A bearing signature of Superintendent of Police Hissar at point A. he has proved that as per record accused Vinod Kumar made his departure on 09.04.2010 and joined his duties on 20.04.2010 after availing the above leave. He had also proved the record pertaining to the grant of sanction to prosecute the then SHO Insp. Vinod Kajal under Section 4 of the SC/ST (POA) Act which is Ex.DW1/B. The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor being an official witness.

DW2 Ct. Ravinder has proved the log book pertaining to wireless L-46 (call sign). According to him, on 21.04.2010 he was posted as a wireless operator at Police Station Narnaund and was with the SHO the then Insp. Vinod Kajal from 7:45 AM till 12:45 PM along with the wireless set and thereafter ASI Satbir Singh No. 1414/C took over the charge of the wireless set from him and had made the entries which entries have also been proved by him having seen ASI Satbir Singh writing in official course. He has proved log book showing the entries made with regard to the calls sent and received on the wireless set issued to the police station which remained with the SHO (accused Vinod Kajal) which record is Ex.DW2/A running into three pages.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 338 I may observe that according to the above record as many as six calls had been made on the directions of then SHO Insp. Vinod Kajal on 21.04.2010 and the first call was at 9:55 AM to I/C Kheri Chowkta with directions to him to be prepared to reach village Mirchpur 'B' Mohalla.

In his cross examination by Ld. Special prosecutor for the victims he has deposed that the follow up action of the call of 9:55 AM shows that it had been noted by the authorities and as per record on the directions of the SHO the information was given to the control room at 12:16 PM regarding the dispute getting aggravated and also the fact that the fire brigade had not reached the spot and has voluntarily stated that at 10:10 AM request was also sent to City Hansi, Sadar Hansi and Barwala for more force.

DW3 Sh. Surender Kumar Assistant DC Office, Hissar, Haryana has proved the attendance record of Pradeep Kumar S/o Tara Chand who was employed as clerk in their office which record dated 27.07.2010 is Ex.DW3/A showing that he was present in the office from 9 AM to 5 PM. According to him during the day if any employee leaves the office he is required to give the leave application and there is no leave application of Pradeep Kumar of 27.07.2010 showing that he had left the office during the day. The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor being an official witness.

DW4 Sh. Baru Ram from Sub Tehsil Uklana District Hissar, Haryana has proved the attendance record of Amar Lal S/o Tara Chand dated 27.07.2010. According to him Amar Lal is working as a Clerk in the Sub Tehsil Uklana district Hissar, Haryana which record is St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 339 Ex.DW4/A which shows that Amar Lal was present in the office from 9 AM to 5 PM and during the day. He has deposed that in case if any employee leaves the office he is required to give the leave application. He has further deposed that there is no leave application of Amar Lal of 27.07.2010 showing that he had left the office during the day. The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor.

DW5 HC Lachman Singh has proved the DD registers for the period 16.03.2010 till 10.04.2010 and from 11.04.2010 till 02.05.2010 pertaining to Police Station Narnaund. He has proved the departure entry made by Inspector Vinod Kalaj when he proceeded on leave vide DD No. 34 which is Ex.DW5/A and DD No.13 regarding his joining of duties on 20.04.2010 at about 9:30 AM after availing of leave which is Ex.DW5/B. The witness has also proved the DD record of 19.04.2010 which is Ex.DW5/C (collectively running into 06 pages); DD record of 20.04.2010 which is Ex.DW5/D (collectively running into 08 pages); DD record of 21.04.2010 which is Ex.DW5/E (collectively running into 08 pages) and the DD record of 22.04.2010 which is Ex.DW5/F (collectively running into 08 pages). The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor being an official witness.

DW6 Sh. Virender aged 28 years is an agricultural labour by profession and a daily wager belonging to the 'B' community and a resident of village Mirchpur since his birth. According to him, Pawan and Kulvinder both sons of Ram Mehar resident of Village Mirchpur are known to him being resident of the same village who are farmers having agricultural lands where he used to work as a labour.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 340 He has deposed that on 21.04.2010 he was with Pawan and Kulvinder in their fields for harvesting of wheat along with his younger brother Kulvinder @ Kullu @ Surender when at 5 PM they came to know about the quarrel which had taken place in the village when they all including himself, his brother Kullu, Pawan and Kulvinder came back to their village. He has further deposed that they were all together in the fields since 4.00-4.15 am and remained there till evening and at about 3.00-3.15 PM they came to know that something had happened in the village as their lunch had not reached the fields which was normally served by 12-00-1.00 Noon which lunch reached them only at about 3.00-3.30PM. He has stated that throughout this time they were working in the fields for harvesting of wheat.

In his cross examination the witness has admitted that they earn their livelihood by doing labour work in the fields belonging the the persons from the 'J' community and states after he came to know about the arrest of Pawan and Kulwinder he repeatedly told DSP Tula Ram that Pawan and Kulwinder were with them in the fields throughout the day but he does not listen to them. He has further deposed that DSP Tula Ram did not record his statement but admits that he did not make any complaint against DSP Tula Ram to any senior officer or Court and has explained that he has no influence having studied only till class 7 th and not knowing any intricacies of law. According to him, he had gone to DSP Tula Ram along with other villagers belonging to the 'B' community and pleaded with him not to implicate innocent persons but DSP Tula Ram told them that nothing could be done as challan had already been filed in the court. He has also stated that no interrogation was made from him at any point of time by any police officer including DSP Abhay St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 341 Singh. Witness has denied the suggestion that he has deposed falsely at the instance of the accused being a resident of the same village and also because his livelihood is dependent upon the persons of the dominant 'J' community and he is having family relations with them.

DW7 Sh. Sajjna aged 45 years an agricultural labour is a resident of village Mirchpur since his birth belonging to 'B' community who is totally illiterate and states that he is an eye witness to the incident dated 21.4.2010.

I may observe that Sajjna has been cited as a prosecution witness but has not been examined in the court. He has now appears as a witness for the defence and according to him, on 21.04.2010 he was present in the village for the entire day and his house is situated in the 'B' Basti near the main gali and on that day at about 8.00-9.00 AM he was standing outside his house towards the main gali when he saw Rajender S/o Satpal and one more boy coming from the fields side towards the village and while they were passing through the gali some boys belonging to 'B' community stopped them and there was a Maar Pitai wherein Rajender and the other boy was assaulted. He has further deposed that he saw that Rajender and other boy had sustained injuries and were saved by the villagers and removed to Jind Hospital but in the meanwhile a rumor spread in the village that Rajender had been killed by the 'B' "Rajender Ko Balmikiyon Ne Maar Diya". According to him on this a large crowd collected and there was tension in the main gali and a large number of 'B' gathered towards the 'B' Mohalla whereas a large number of persons from the 'J' community gathered towards the 'J' mohalla and there was stone pelting. He has further deposed that this rumor also spread in the village temple where there is a fair (Mela) every St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 342 Wednesday and a large number of persons from other villages come to have Darshan of the Deity in the temple. He has also deposed that when this rumor spread there many outsiders who had come to the temple then came to the village and there was stone pelting and rioting. According to this witness initially at about 9.00AM about ten to twelve police personnel's come to the village but later a large number of police officials came at about 12.00 or 1.00 Noon.

In his cross examination the witness has deposed that his statement was not recorded by the police on 18.5.2010 though he has admitted that DSP Tula Ram had interrogated him but states that he is not aware if he had recorded his statement and what he has recorded. Further in his cross-examination the witness has denied any knowledge of the incident dated 19.4.2010 or 20.4.2010 or that he had ever told DSP Tula Ram on 18.5.2010 about the same. He has also been confronted with his statement recorded by DSP Tula Ram on 18.5.2010 Ex.DW7/PX1 which he has denied including the portion A to A-1 wherein the names of sixty one assailants all boys from the 'J' community has been mentioned. He has stated he does not know the names of any of the assailants and the boys of the 'J' community and question of giving any name does not arise.

This witness has admitted that Tara Chand and his daughter Suman had lost their lives in this incident and has also deposed that he was present at the spot but states that he did not receive any injury though he admits that he had been given compensation by the government on the ground that he had sustained injuries. He has also denied the suggestion that his property was damaged and he had claimed compensation from the government in respect of the same and now since St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 343 he has been won over by the accused and their families he has falsely deposed in this regard and has voluntarily explained that since all the 'B' from his village had been given compensation by the government therefore he had also received the same but has denied that it was only those 'B' who had sustained injuries and had suffered loss of property who had got compensation after they produced evidence of the same. He has denied that there was no incident in the morning wherein the boys belonging to 'B' community had attacked and assaulted Rajender and another boy who had received injuries and had to be hospitalized. He has also denied that there was no rumor in the village regarding Rajender having been killed by the 'B' on account of which there was a flare up and that in fact the attack on the 'B' Basti was pre-planned. Witness has denied the suggestion that since he is residing in the same village and his livelihood is depend upon the persons from the 'J' community therefore he is deposing falsely at their instance.

DW8 Sh. Shamsher Singh is the Secretary of the Jyoti Education Society which is running Jyoti Senior Secondary School, Mirchpur and he has brought the summoned recorded pertaining to the attendance of accused Rakesh S/o Satyawan who was a driver in the school as on 21.04.2010. According to him, on 21.4.2010 the accused Rakesh S/o Satyawan resident of Village Mirchpur was on duty in the school from 7.30AM to 2.00 PM as evident from the attendance register maintained in the school whose attested copy is Ex.DW8/A (the court has also seen the original attendance register which was thereafter returned to the witness). He has also placed on record the certified copy of the memorandum of association which is Ex.DW8/B and the photocopy of the registration certificate issued by the Registrar in favour St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 344 of the society which is Ex.DW8/C In his cross examination the witness has stated that he is only concerned with the supervision of the school and the attendance register was being maintained by the Principal of the school namely Sh. Suresh Kumar. He has further deposed that the accused Rakesh S/o Satyawan was employed with them only for one month w.e.f. from 01.04.2010 on temporary basis since the permanent driver was on one month leave. Witness has denied the suggestion that the job of the accused was only to bring the children and parked the bus in the school and then leave the children at 2.00PM and during the day the driver could leave the complex and has voluntarily explained that during the day the driver is required to stay in the school complex as the vehicle could be required in cases of emergencies or outside visit by the staff or the management. He has further denied the suggestion that entire school was run by a management comprising of the persons from the 'J' community and has voluntarily added that one of the partner in the management is Mehtab Singh Jangra who is not a member of 'J' community but a Khati belonging to OBC community. He has further deposed that when he came to know about the arrest of the accused and his implication in the present case, he had gone to the Superintendent of Police Office and told them about the attendance of Rakesh in the school and also gave an affidavit in this regard to the Superintendent of Police Hissar where he along with some other children from 'B' community who were present in the school and had seen accused in the school had even met the Superintendent of Police but they were not heard. Witness has denied the suggestion that he did not file any application in any court to this effect. Witness has denied the suggestion that their record regarding St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 345 the accused has been manipulated and fabricated only to help the accused Rakesh S/o Satyawan only to help the accused being from the same community.

DW9 Sh. Dalser Lohan has brought the school record pertaining to attendance of Sunil Dhanda S/o Jaiveer, Sanjay S/o Amar Lal, Vinod S/o Jagdev and Naseeb S/o Prem Singh all employees of their school. According to him accused Sunil Dhanda, Sanjay and Vinod are teachers of their school and Naseeb is a fourth class employee. He has further deposed that they are running the school which is till class 12th since last ten years and all the four persons are in the employment of the school for the last more than two years except Naseeb who was working in their school since last one year prior to the incident dated 21.04.2010. He has produced the attendance register of the staff dated 21.04.2010 showing the presence of Sunil Dhanda S/o Jaiveer from 8.00am to 2.00 PM, Sanjay S/o Amar Lal from 7.40AM to 12.45PM, and Vinod S/o Jagdev from 7.50 AM to 12.45PM. He has further deposed that in so far as the group four employees are concerned, there is no attendance register maintained in the school but all group four employees are required to report at 8.00 AM and remain in the school till 2.00 PM that is till the last child leaves the school. He has deposed that Naseeb was employed as a water carrier in the school and states that he (Naseeb) was present in the school from 8.00AM to 2.00 PM on 21.04.2010. He has further deposed that all their employees including the teachers and group four employees travel in the school bus while commuting to and fro from the school. He has proved the attendance register regarding the attendance of Sunil Dhanda copy of which is Ex.DW9/A; copy of attendance register regarding the attendance of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 346 Sanjay Dhanda which is Ex.DW9/B and copy of attendance register regarding the attendance of Vinod S/o Jagdev which is Ex.DW9/C.

In his cross examination by the Ld. Special Public Prosecutor the witness has admitted that the register does not bear his signatures but has denied the suggestion that he is making deposition today only on the basis of the entries made in the attendance register which he had not checked on day to day basis and has voluntarily added that he had made the deposition also on the basis of his personal knowledge since he remains in the school throughout the day and interacts with the employees and is therefore aware of the day to day attendance of his staff. He has further deposed that he came to know about the incident from newspapers and in so far as Sunil is concerned, he was picked up by the police from his house on 17.05.2010 when he was coming to the school and his family gave him this information and in so far as Sanjay and Vinod are concerned on the request of local police he himself took Sanjay and Vinod to the office of DSP Tula Ram and prior to this he had also met DSP Tula Ram and informed him that all these boys were present in the school on 21.04.2010 i.e. the date of the incident. He has further deposed that he does not tell any senior police officer or court regarding the false implication of Sunil Dhanda S/o Jaiveer, Sanjay S/o Amar Lal, Vinod S/o Jagdev and Naseeb S/o Prem Singh in the present case. Further, in his cross-examination the has admitted that there is a cutting in the attendance register on the word May which has been made April and has explained that it was a clerical error since the month was wrongly mentioned as May. This court has also observed that prior to the month of April which has been written after cutting the word May, the attendance is of the month of March St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 347 showing that it was a clerical error. Further, on the query by the court the witness has informed that the all the accused were regularly attending the school till the date of their arrest. He has denied the suggestion that the record produced by him is fabricated only to assist the accused as he belong to the same community as that of the accused.

DW10 Dr. Rajesh Malik has deposed that he is posted at the veterinary hospital since the year 2000 where Manbir S/o Ziley Singh is a VLD (Veterinary Live Stock Development Assistant) for the last almost three years prior to the incident. He has deposed that on 21.04.2010 Manbir S/o Ziley Singh was on duty from 8.00AM to 2.00PM and in this regard has placed on record the copy of the attendance register showing the attendance of Manbir S/o Ziley Singh on 21.04.2010 which is Ex.DW10/A (original of which has been seen and returned).

In his cross examination by the Ld. Public Prosecutor the witness has deposed that Manbir had gone to Village Mirchpur during the day along with class four employee namely Jagdish (DW11) for purposes of vaccination of animals/ cattle under the National Programme of FMD Control Programme wherein around 800 injection vial were given to Manbir and in the evening he returned/ deposited back only 100 vials showing that he had vaccinated around 700 cattle. He has admitted that checking by the senior officers was done only on 19.05.2010 and there is no checking thereafter and has voluntarily added that checking normally happens once or twice in the year depending upon the senior officer. The witness has denied the suggestion that the attendance record has been manipulated.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 348 DW11 Sh. Jagdish has deposed that he is working as a group four employee in the veterinary Hospital as Peon. According to him his job is to carry the boxes and medicines and vaccinations and Manbir was posted as VLD in the hospital and on 21.04.2010 he along with Manbir had gone to village Mirchpur towards the hospital side for vaccination of cattle under the National Programme of FMD and in the entire day covered the two kilometer area of the village around the hospital and vaccinated about 700 to 800 cattle. He has further deposed that on that day they had covered only the outer portion of the village situated towards the hospital and they never came to know about the quarrel since that portion is situated away from the area where the quarrel took place about which incident they came to know on the next day.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that he know Manbir since two to three year of the incident on account of his posting in the hospital but he had no interaction with the family of Manbir and he only know him officially. He has further deposed that he belong to Jogi community. He has stated that he did not make any representation to any police officer or any senior officer of the District to the effect that Manbir had been falsely implicated and has denied the suggestion that he has deposed falsely to save Manbir only because he is professionally close to him.

DW12 Sh. Manoj Kumar has brought the record from the Rishikul Public School where Rupesh S/o Tek Ram was working a clerk as on 21.4.2010. According to him, as per the attendance register Ex.DW12/A (original of which has been seen and returned) Rupesh S/o Tek Ram was present in the school since 7.30AM to 3.00PM.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 349 In his cross examination by the Ld. Special Public Prosecutor the witness has admitted that he cannot tell the period of the employment of Rupesh prior to 21.04.2010 since he was not asked to get the said record and also because he (witness) had joined only in the month of February 2011. He has denied the suggestion that Rupesh was not available in the school during the day and has voluntarily added that in case if any staff member or employee leaves the school premises during the day, the attendance register reflects this fact and he cannot leave without marking in the register. Witness has denied the suggestion that the record has been fabricated only to assist the accused.

DW13 Sh. Karan Singh aged 55 years is the complainant in this case on whose statement the FIR had been recorded. He is a permanent resident of village Mirchpur since his birth and is totally illiterate. He belongs to 'B' community and is doing the business of fisheries.

I may observe that Karan Singh is the complainant in the present case and the FIR was registered on the basis of his complaint. Despite the aforesaid and also despite being cited as a witness, the prosecution has not examined him as their witness on the ground that he has been won over by the accused. In fact it is the accused before this court who have produced him as their witness in order to prove that the first aggression was made by the boys belonging to 'B' community when the incident got aggravated.

According to Karan Singh on 21.4.2010 Tara Chand and Suman both belonging to 'B' community who were not related to him had expired on account of burns which they had received in the fire but is unable to give the details stating that their house is away from his house.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 350 With regard to the incident 19.04.2010 he has explained that he was present at his house in the evening and was having his dinner on the first floor when the she-dog belonging to his brother Jai Prakash started barking very loudly. On this he came down to inquire about the matter when he found that some boys from the village some of whom were belonging to 'J' community and others were 'B' were quarreling with each other on account of the barking of this dog and he intervened and separated them and went back to his house to sleep. Thereafter while he was in his room on the first floor he heard the noise of a tractor passing through the gali in front of his house and he (driver of the tractor) called out in the gali stating that large number of boys were collecting on one side and they should be dispersed least they start fighting. He has further deposed that he was a member of the Block Samiti and felt that it was his moral duty to see that there is no breach of peace and therefore he went to Veer Bhan also another member of the Block Samiti and both of them went to the place where those boys were standing but before they could reach them, suddenly those boys started throwing stones on them. He states that it was 9'O clock at night at that time and was completely dark and he could not recognize any one of them therefore both he and Veer Bhan came back but Veer Bhan had sustained some injuries on his head on account of the stone pelting and he had also sustained little injuries on his left side. He has further deposed that thereafter he along with one or two other persons took Veer Bhan to Narnaund Hospital and from there they were referred to General Hospital, Hissar and on 20.04.2010 evening Veer Bhan was got discharged from General Hospital, Hissar and was brought back to the village as he was no longer required to be admitted in the hospital since St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 351 his injuries had been treated and they were also told by the other villagers that the dispute could be compromised. According to him, he had gone to the police station on 20.04.2010 and orally informed the officer on duty about the incident. He has deposed that while he was standing outside it was Veer Bhan who had had gone inside the police station and when they went back to their home everything was peaceful in the village.

He has further deposed that on 21.04.2010 he was at his house throughout the day and in the morning at about 10.00-11.00AM he heard a lot of commotion in the street/ gali when he came to know that stone pelting was going on outside from the sides of the 'J' and also from the side of the 'B' but he did not go outside the house because he was fearful of his safety. The witness has also deposed that police came to the village at about 1.00 PM and when he came out of his house his signatures were taken by the police on a number of papers but he is not aware what papers were got signed from him since he cannot read or write and can only sign. According to him he did not see any of the assailants because he did not come out of his house when the incident was taking place. He has further deposed that he had also told the court at Hissar about this fact that he was not aware of the incident and he had also made a similar statement before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana at Chandigarh and his affidavit in this regard is Ex.DW13/A bearing his signatures at point X at various points along with his statement Ex.PW13/B bearing his signatures at point X-1.

In his cross examination by the Ld. Special Public Prosecutor the witness has denied the suggestion that on 19.04.2010 he St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 352 was sitting on his Chabootra at about 8.30 PM when the incident took place and has voluntarily added that he was in his room at first floor. He has however admitted his complaint Ex.PW66/A bearing his signatures at point A but has voluntarily added that he is not aware of the contents and what was written in the said complaint and states it might have been written by some police officer and he was asked to sign the same. He has denied the suggestion that he had narrated the entire incident dated 19.4.2010 to the police on which his complaint was recorded and he signed the same only after it was read over to him and after being satisfied with the same. The witness has been confronted with his statement Ex.PW66/A which he has denied. He has specifically denied having told the police that Rajender S/o Pale, Sonu S/o Pappu, Monu S/o Suresh, Rishi S/o Satbir along with ten to fifteen other boys were coming from the water tank side in a drunken condition and when they passed from in front of his house, his dog start barking; that it was Rajender S/o Pale who hit the dog with brick on which his nephew Yogesh objected and requested them not to hurt the dog on which Yogesh was beaten; that after some time Ajeet (a member of 'J' community) came to him and said that all the boys had gathered outside the house of Rajender S/o Pale and that he should go and apologize or else there is a likelihood of the matter being aggravated and that he and Veer Bhan went to Rajender S/o Pale at the instance of Ajeet and that thereafter they begged pardon from him but he does not care about it and attacked them in a planned manner resulting in the injuries on the person of Veer Bhan and himself and has voluntarily added that he was at the first floor at the time of the incident and when he came out there was stone pelting upon them before they could even reach to the boys and he could not St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 353 identify anyone of them.

He has also denied having told the police that on 21.04.2010 at about 10.00/11.00 AM he along with other members of 'B' community i.e. Ajmer S/o Balbir, Sajjna S/o Ram Swaroop, Karambir S/o Balbir and five to seven other persons from the 'B' community went to gali where the house of Veer Bhan is situated to inquire about his health when they saw Rajender S/o Pale Ram, Rishi S/o Satbir, Pradeep S/o Balwan, Kulvinder S/o Ram Mehar, Rupesh S/o Tek Ram, Monu and Vikas Sons of Dr. Suresh, Rajpal S/o Sheo Chand, Illa S/o Mai Chand, Sumit and Amit Sons of Satyawan, Ramesh S/o Karan Singh, Soni, S/o Jaivir, Sonu S/o Papu, Pawan S/o Ram Mehar, Vipin S/o Pratap, Jasbir S/o Ishwar Singh, Mahesha S/o Dalip, wife of Pale, Wife of Dilbag Driver, Wife of Kapoora, wife of Pappu, Rajender S/o Sadhu, Bobal @ Langra S/o Teka, Joginder @ Jogar S/o Inder Singh, Ghaggar S/o Tara Chand, Dharambir S/o Tara Chand, Suresh S/o Balbir, Bhoti W/o Ghaggar, Bharpai W/o Kapoora, Ramphal S/o Prithvi, Sunil S/o Dayanand, Baljeet S/o Inder, Nanha S/o Mai Chand, Karampal S/o Satbir, Mandeep S/o Prema, Hathi S/o Baru Ram,. Kuldeep and Jaivir Sons Balbir, Rajender S/o Belu, Dhupa S/o Manga, Daya S/o Jeet Singh along with 300 to 400 persons from the 'J' community came to the 'B' Basti giving Lalkara/exhortation "In saale chooron ke makano ko jala do. Inke Bal bachcho ko makaano ke andar hi jinda jala do. Gharon ko tor phor karke gira do. Inka gaon se khatma kardo" and when confronted with portion F to F-1 on Ex.PW66/A he has voluntarily stated that he made no such statement nor gave any names. He has also denied having told the police that the assailants were armed with jellies, lathies, dandas, petrol and kerosene St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 354 oil cans and bottles and thereafter they surrounded the 'B' Basti from all the sides and started putting the houses belonging to the members of 'B' community on fire without bothering that their children were inside the house and when confronted with portion marked G to G-1 on Ex.PW66/A he denied the same. He has further denied that on 27.04.2010 DSP Abhay Singh had interrogated him and recorded his statement and when confronted with his statement Ex.DW13/PX-1 recorded by DSP Abhay Singh on 27.04.2010 which was read over to the witness, he denied the same and voluntarily stated that he had made no such statement nor made any allegations against Naib Tehsildar Jage Ram or SHO Vinod Kajal since he did not even know their name.

Witness has however admitted that he had gone to the medical team who had come to the village on 30.04.2010 and he had shown them the injury which he had received on 19.04.2010 and his MLR Ex.PW59/J bearing his signatures at point D but has stated that he made no statement to the Investigating Officer in this regard. He has further denied the suggestion that on 22.04.2010 he had made an application to the Deputy Commissioner, Hissar for amendment of charges against the accused and for adding the provisions of SC/ ST (POA) Act and has voluntarily stated that he is totally illiterate and can only sign and cannot even read or write. He has also stated he had also made no application to the DC and when confronted with the application Ex.PW66/F and his signatures at point A, he admitted his signatures at point A but denied the contents of the application and stated that some person from the village must have written the same and got his signatures taken on it.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 355 Witness has denied the suggestion that since he is residing in the same village he have been won over by the persons of the dominant 'J' community also because his livelihood is dependent upon them. Witness has also denied the suggestion that he had made a false statement in the court at Hissar and also given false affidavit to the Inquiry Commission and also made a false statement before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana at Chandigarh or that he has deposed falsely under the pressure of the families of the accused.

DW14 Sh. Ramesh aged 42 years an agricultural labour belonging to 'B' community is a resident of village Mirchpur since his birth. He has deposed that on 21.04.2010 he was employed as a labour in the fields of Rajender S/o Belu since it was harvesting season for wheat and he went to the fields in the morning at about 6 AM and apart from himself Anand (a member of 'J' community) who owns a tractor, Rajender and his wife were also in the fields for harvesting purposes and they remained there till the evening and returned by 7 pm when he came to know about the quarrel in the village after he had returned home. According to him, when he returned from the fields Rajender still remained there for the purposes of taking care of the harvested crops.

In his cross examination by the Ld. Special Public Prosecutor witness has deposed that he know Rajender since his childhood as he is a labour in the village and is often engaged by the villagers. He has admitted having family relations with the accused Rajender and states that he came to know a few days later that Rajender is an accused in this case. He has admitted that he did not lodge any complaint or get his statement recorded with the police to the effect that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 356 on the day of incident Rajender was with him and according to him, the police never met him to make any inquiries. He has denied the suggestion that since his livelihood is dependent upon the family of Rajender and he is residing in the same village therefore on account of the pressure he is deposing falsely in favour of Rajender S/o Belu or that Rajender or his wife were not with him in the field on that day.

DW15 Sh. Pasha aged 58 years is a permanent resident of village Mirchpur since his birth and is totally illiterate. He belongs to 'B' community and his house is situated in the 'B' Basti near the well and according to the witness he makes money by collecting honey from the beehives from the fields and sells the same. He has deposed that on 21.4.2010 he left the village at 7 am and went to the fields for collecting honey and he went to the fields of Ramesh S/o Bal Kishan whose son is Sonu. According to him he also went to the fields of Satta @ Satyawan S/o Karan Singh and also to many other fields. According to him, when he went to the field of Ramesh he saw Ramesh and his son Sonu who were harvesting wheat with the help of a tractor and there were 15-16 labourers also working in the fields with him. He has further deposed that when he went to the fields of Satta he saw Satta along with his wife and his son whose name he does not know. The witness has thereafter pointed towards the accused Sumit S/o Satyawan as the boy who was present in the fields along with Satta. He has stated that the distance between the fields of Ramesh and that of Satta is hardly two Killas and when he left the fields of Ramesh at 11 a.m. Ramesh and his family including his son Sonu were still in the fields and when he left the fields at 12 noon Satta and his family including his son were still in the fields harvesting wheat. He has further deposed that the fields of Ramesh are St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 357 visible from the fields of Satta and vice a versa and he saw these persons in their fields from morning 7 a.m. to 12 noon.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that the fields of Ramesh are one and a half to two kilometers from the village and states that Ramesh possesses a tractor and Satta has a buggi. He has further deposed that he did not know anything about the quarrel till such time he returned to the village at 1 p.m and when he was in the fields he did not know about what was happening in the village. He has further deposed that he had taken water while he was in the fields of Ramesh and also when he reached the fields of Satta and also spent some time in their fields and had a good chat with them. He has further deposed that he is known to the families of Ramesh and Satta and knows their children who have grown up before him and when he returned to the village at 1p.m. police was present in large numbers and it was then that he came to know that Tara Chand and his daughter Suman had expired. He has further deposed that when he reached the village he saw a number of houses burning and fire brigades were trying to drowse the fire. Witness has denied the suggestion that he was told that the fire was on account of the rioting done by the boys of 'J' community who had burnt the houses of the members of 'B' community and injured them and has voluntarily added that when he did not see anything how could he tell who had done this. He has further deposed that he knows Karan Singh but had not seen Karan Singh with the police nor he had seen the police recording his (Karan Singh's) statement and states that he came to know that Sonu, Satta and his son had been arrested by the police after many months of the incident. He has further deposed that he did not tell the police that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 358 they had been falsely implicated and he had seen them in the fields throughout the day and has explained that nobody had made such inquiries from him. He has further deposed that the police never made any interrogation from him nor his statement was recorded at any point of time and has admitted that he had come to the court to depose in favour of Sonu, Satyawan and Sumit so as to save them from the penal consequences of this case and has explained that he has come because they have been falsely implicated as he had seen them in the fields.

The witness has further deposed that he received compensation from the Govt. to the tune of Rs.15000/- and has voluntarily added that all 'B' of the village got this amount from the Government. He has denied the suggestion that the compensation was given to him on account of the damage caused to his property and has voluntarily stated that there was no loss of his property nor the property of other 'B' in the Basti situated on side where his house is situated was damaged. He has further denied the suggestion that he had been deliberately planted as a witness by the accused having being won over by them or that he is deposing falsely because his livelihood is dependent upon the family of Ramesh, Satta and the other persons of the 'J' community.

DW16 Ajmere aged 43 years belongs to the 'B' community is a permanent resident of village Mirchpur since his birth, is a daily wages labour and is totally illiterate.

I may observe that despite the fact that Ajmere was cited as witness of the prosecution, he has not been examined by the prosecution on the ground that he is a witness of repetitive facts. However, he has appeared in the court as a witness of defence and rather than supporting St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 359 the prosecution case has corroborated the defence version of the incident.

According to him, on 21.4.2010 he was present at his house situated in 'B' Basti near the 'B' Chaupal at village Mirchpur when at about 8 AM in the morning he had gone to the shop of Pawan (a member of 'B' community) situated in the main gali for purchase of some items of daily use for his house. When he reached the main gali he saw Rajender S/o Pale and Karam Pal S/o Satbir coming in their boogie with an iron pipe used for tubewell/pumps and when they (Rajender and Karam Pal) just crossed the shop of Pawan and went slightly ahead they were stopped by fifteen to twenty boys belonging to 'B' community who started quarreling with Rajender and Karam Pal over distribution of milk and he saw the boys belonging to 'B' community assaulting and inflicting injuries upon Rajender and Karam Pal but Karam Pal manage to run away in the village towards the 'J' Mohalla shouting that "Rajender Mar Diya, Rajender Mar Diya". Thereafter he saw that Dinesh S/o Prem ran to the spot to rescue Rajender but he was hit in the eye/temples by these 'B' boys and was injured and started bleeding and large chunk of his skin had peeled off. He has stated he was standing and watching all this from a distance. He has further deposed that thereafter Prem father of Dinesh came to the spot in his car and took Dinesh, Rajender and Karam Pal to the doctor though he is not aware if he took them to Jind. On a specific query by the court the witness has responded that he could not identify any of the boys belonging to 'B' community who had attacked Rajender, Dinesh and Karam Pal since they were in large numbers and he was standing away from them but states that he knew that they were boys of the 'B' Basti since he could identify them as they residing in same Basti. According to the witness, the entire incident of quarrel when Rajender St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 360 was stopped and beaten and till such time Prem took all of them to the hospital in his car lasted for about ten to fifteen minutes till which time he kept standing at the shop of Pawan from where he was seeing the incident. He has further deposed that after Prem had taken all the boys to the hospital in his vehicle there was a rumor in the village that son of Pale had been murdered by 'B' "Pale Ko Mar Diya, Pale Ko Mar Diya Balmikiyon Ne" and after this rumor spread in the entire village, a large number of persons from all the communities gathered towards the 'B' Basti where the incident had taken place. On seeing this, the 'B' who were residing in the main gali thinking that all these persons had come to attack them, started throwing stones on those persons who had gathered in the gali and thereafter the situation got aggravated and there was stone pelting from both the sides which continued for about fifteen to twenty minutes. He has further stated that about fifteen to twenty police personnel's came to the spot and separated the parties. According to him, on that day there was a Fair (Mela) of Devi Maa at the temple situated at village Mirchpur which is on the other side of the 'B' Basti where people come in large numbers every Wednesday. He has further deposed that one of the routes to the temple is from the main gali through the village and outsiders who had come to the fair in the temple started coming to the village to inquire what had happened. According to him, he thereafter went back to his house and later on saw smoke arising from the main basti when he saw large number of police personnel's had also come to the village but the police did not make any inquiries from him on that day. He has stated that police did make inquiries when he told them the above facts which he has deposed before this court but states that he is not aware if his statement to this effect was recorded by the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 361 police.

In his cross examination by the Ld. Special Public Prosecutor the witness has admitted that the incident of quarrel took place in the 'B' Basti and he later came to know that some houses were also burnt which were all belonging to the 'B' wherein Tara Chand and his daughter Suman had sustained burns. He has deposed that he did not see 300-400 people surrounding the 'B' Basti neither he came to know about this fact. The witness has further stated that he is known to Karan Singh 'B' but he did not see police recording the statement of Karan Singh nor he saw Karan Singh at the spot. He has further denied that he was interrogated on 18.5.2010 and also his statement recorded by DSP Tula Ram on 18.5.2010 which statement is Ex.DW16/PX1. The contents of the said statement have been put to the witness which he has denied. He has further denied having given any names as mentioned at point A to A1 in the said statement Ex.DW16/PX1 and has voluntarily stated that his statement was never recorded nor he had seen anything. He has denied having knowledge of the incident dated 19.4.2010 or that Veer Bhan had sustained any injuries. The witness has further denied the suggestion that there was no incident of any kind between Rajender and boys belonging to 'B' community as deposed by him or that there was no rumor of Rajender being killed by boys belonging to 'B' community. He has also denied that there was no stone pelting from the 'B' which took place first as deposed by him or that he has deposed deposing falsely at the instance of the persons from the 'J' community having being won over by them as his livelihood is dependent upon them. He has however admitted that he was medically examined on 2.5.2010 but states that he had not sustained any injury and has voluntarily added that he had got his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 362 medical examination conducted only for purposes of obtaining compensation as everybody in the village was getting the same done and has also admitted that his MLR Ex.PW56/A bearing his thumb impression at point A. He has denied that he had got compensation from the Government in respect of the injuries and has clarified that he was told there was no injuries and therefore despite the fact that he got his MLR prepared he did not receive any compensation as others were getting.

DW17 Rajesh aged 32 years is the original resident of village Mirchpur belonging to the 'B' community. He is class 8th pass and is running a kirana shop (general merChandize shop) which is situated in the main gali which he opens at 7 O'clock in the morning and close it at about 9 PM and remains his shop open throughout the day.

I may observe that this witness has a shop at the same place in the main gali where the stone pelting had commenced. He has supported the defence version of the incident and states that it was the boys belonging to 'B' community were the first aggressors with regard to the incident dated 21.4.2010. According to him, on 21.4.2010 he had opened his shop at 7 AM and at about 8 AM while he was sitting at his shop which is towards the beginning of the village in the 'B' Basti Main gali he saw Rajender S/o Pale and Karam Pal S/o Satbir both from their village were coming in a boogie from outside and entering the village. He has further deposed that they (Rajender and Karam Pal) were having iron pipes in the boogie which are used for hand-pumps and when they crossed his shop and reached about twenty meters ahead towards the village about five to six boys belonging to 'B' community stopped them and thereafter the number of such persons all from the 'B' community St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 363 increased to forty to forty five and they were quarreling with Rajender who has a dairy over non supply of milk to them. Thereafter he saw them beating Rajender and Karam Pal and Rajender was injured while Karam Pal ran away towards his house situated in 'J' Mohalla and after sometime Dinesh S/o Prem Singh came to the spot to save Rajender when the said boys belonging to 'B' community also inflicted injuries on Dinesh in his eye. He has deposed that he saw the father of Dinesh namely Prem who came to the spot who put Dinesh and Rajender in his car and took them away and after they were taken away somebody started saying that Rajender had been killed by 'B' "Balmikiyon ne Rajender Mar Diya". After about fifteen to twenty minutes many persons from the village started collecting at the spot of the incident in the main gali and the 'B' residing in the gali thought that these persons had come to quarrel due to which reason they ('B') started pelting stones on these persons from the village who were from all community and there was retaliation when the said persons standing in the street/ gali also started throwing stones. According to the witness this whole episode continued for half an hour or forty five minutes when ten to twelve police personnel's came to the spot and tried to disperse the crowd but they could not control the crowd and on seeing this he (witness) shut down his shop and went to the roof of his house which is behind the shop since the shop is in the same premises as his house and from there he saw smoke coming from various places and after about one and a half hours a large number of police personnel's and force came to the spot along with the Superintendent of Police Hissar and the fire brigades. He has stated that the police did not make any inquiry from him nor recorded his statement.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 364 In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that apart from the diary of Rajender there are four to five other diaries also running in the village and has admitted that in case if milk is not available or supplied from one dairy it could be taken from the other diaries but has explained that other shops/ diaries are situated about one and a half or two kilometers far from the 'B' Basti which are near the bus stand. He has further admitted that the incident took place at 'B' Basti and eighteen houses belonging to the members of 'B' community were burnt but is not aware if Tara Chand and his daughter Suman were burnt in this incident. Witness has further admitted that all the injured were 'B' and has voluntarily explained that he came to know that the Medico-Legal Reports were being prepared in the village of the persons belonging to the 'B' community for purposes of getting compensation. According to him, he did not get his MLR done nor he or his family received any compensation and states that there was no damage to his property. He has further deposed that as soon as the stone pelting started he shut down his shop within four to five minutes. He has also admitted that no report was lodged with regard to the injuries received by Rajender in his presence and has voluntarily explained that Rajender had already been shifted to Jind hospital which fact he came to know later when the police arrived at the village. He has further deposed that the police was present in the village since 9 AM and states that initially less number of police personnel's had come but later at about 12.30-12.45 PM large number of police force came along with the Superintendent of Police. According to the witness, he remained at his house and no inquiries were made from him. He has further deposed that he came out of his house at about 2 PM and police was present in the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 365 village at that time but he did not tell the police that in the morning it was the boys belonging to 'B' community who first assaulted Rajender and has voluntarily explained that he was never asked about it and admits that he himself did not volunteer to tell the police about the entire incident. He has denied the suggestion that there was no incident of Rajender and Karam Pal of coming in the boogie and stopped by boys belonging to 'B' community at the basti or that Rajender and Dinesh were never assaulted nor they had sustained injuries and there was no rumor of Rajender being killed by the 'B'. He is unable to tell the names of the boys belonging to 'B' community who had stopped Rajender and Karam Pal nor could he identify them and states that he came to know that these boys were from the 'B' community because two to three persons standing at his shop who were also witnessing the incident were talking that the boys who had stopped Rajender and Karam Pal were members of 'B' community. He has denied the suggestion that since no such incident had taken place it is for this reason that he cannot identify these boys or that he has deposed falsely only to save the accused persons from the penal consequences.

DW18 Suman is a Multi Purpose Health Worker (Female) who was on training at General Hospital, Jind from 8 a.m. to 2 p.m on 21.4.2010 and is a summoned witness. According to her, she is known to the accused Rajender S/o Pale as he was the friend of her deceased husband. She has deposed that on 21.4.2010 she saw Rajender S/o Pale in the hospital between 11.30-11.45 AM while she was on training at the Hospital and she inquired from him as to how he had come to the hospital on which he told her that he had sustained some injuries as there was a quarrel in the village with some boys belonging to 'B' community St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 366 who had inflicted injuries upon him and on another boy who was also with him. Witness has further deposed that she saw Rajender along with two to three other persons and Rajender had injuries on his hand whereas the other boy whose name she was told by him was Dinesh (witness has identified the accused Dinesh S/o Prem Singh) had injuries on his eyes. She has further deposed that she stayed with them for sometime but then she was called by the head nurse/sister and therefore she had to leave. According to the witness, she saw them when they were present in the hospital and getting treatment from Dr. Gandhi till about 12.30 p.m. after which she left since she was called by the head nurse and states that when she left Rajender and other persons were still in the hospital getting treatment. She has further deposed that the other boy Dinesh remained admitted in the hospital since he was on duty on next day also and bandaged the injuries received by Dinesh at about 11 a.m. when two police officials were also with them.

In her cross examination witness by the Ld. Special Public Prosecutor she has deposed that on 21.4.2010 she was on training as a nurse and was posted at General Hospital Jind from 1.4.2010 as a trainee under the SMO and her training concluded on 30.4.2010 and during this period her attendance record was being maintained in the hospital. She has further deposed that she was staying at Jind with her in laws and has denied the suggestion that Rajender had never come to the hospital and she has got the hospital record fabricated in connivance with the doctor only to save Rajender and Dinesh. She has further deposed that she cannot identify the other persons who were with Rajender and Dinesh because they were standing at the reception casualty where they were getting their papers prepared when she noticed them and has voluntarily St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 367 added that it was only Rajender who was known to her on account of which she recognized him. She has further deposed that she did not talk to any doctor or recommend the case of Rajender and Dinesh and has denied the suggestion that she had not provided any treatment to Dinesh on 22.4.2010 morning and has voluntarily explained that she was a trainee nurse at that time and the nurse who was on duty had called her and asked her to bandage the wounds of Dinesh. She has further deposed that she came to know about the dispute at village Mirchpur on the same day since there was a talk about it in the hospital and states that she did not tell any police personnel's that Rajender had been falsely implicated in the present case and that he was present in the hospital on 21.4.2010 and has voluntarily explained that she came to know much later that Rajender had been arrested in the present case. In her further cross-examination by the Ld. Special Public Prosecutor she has further stated that her husband had expired and that she had in fact told her in laws about Rajender having come to the hospital on the date of the incident but she did not go to any authority to mention about this fact.

DW19 Ram Chander aged 40 is the original resident of village Mirchpur as his forefather were also residing in the same village. He is a Brahmin by caste and owns agricultural lands and is totally illiterate. He has deposed that he earns his livelihood through farming and also states that he own a tractor which he gave on hire. According to him, his house is at least one kilometer away from the place where the quarrel had taken place but states that his fields are adjoining the fields of Jaibir S/o Manphool. He has deposed that on 21.4.2010 he was at his fields from 6 AM where he had gone along with Jaibir and returned together with Jaibir by 7.30-7.45 PM. He has specifically stated that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 368 both he and Jaibir had left the village together when they went to their fields and also returned together and has explained on a query from the court that he knew that Jaibir was present in his fields for the entire day since he and himself were working together in their fields and he was helping him in harvesting of wheat in his fields.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that he has very good family terms with Jaibir but states that they are not related. He has admitted that he came to know about the arrest of Jaibir but states that he did not approach any senior officer except DSP Tula Ram and told him that Jaibir had been falsely implicated and that he was with him for the whole day. He has voluntarily explained that he had also given his affidavit to DSP Tula Ram in this regard which DSP Tula Ram took and told him that he would do the needful but thereafter did nothing. He has further deposed that he cannot produce any receipt regarding the submission of the affidavit to DSP Tula Ram but he can produce the copy of the same if given time. Witness has admitted that he is unable to produce the copy of the affidavit at the time of his deposition but has denied that he cannot produce the copy of any such affidavit because no such affidavit was given to DSP Tula Ram. He has further deposed that he was not a summoned witness. Witness has denied the suggestion that he was deposing falsely at the instance of Jaibir only to save him from penal consequences.

DW20 Ram Niwas aged 40 years has deposed that he is a resident of village Mirchpur since his birth and his forefathers were also residing in the same village and he is totally illiterate. He has further deposed that he belongs to the 'B' community and is a daily wages St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 369 labourer, his house is situated in the 'B' Basti, just one plot away from the main gali.

I may observe that Ram Niwas had been cited as witness by the prosecution but was dropped having allegedly turned hostile. He has now appeared and deposed as a defence witness and has not supported the prosecution version of the incident. Rather, he has supported the defence version and has also alleged that the 'B' were the first aggressors and the incident got aggravated. According to him, on 21.4.2010 he was present in the village and at about 7 a.m. he was going to the vegetable vender to purchase vegetable for his family from the shop of Pawan 'B' situated in the main gali. He has further deposed that he saw that Rajender S/o Pale accused present in the court (correctly identified) and one more boy whom he can identify but whose name he cannot tell. (At this stage the witness has identified and pointed out towards accused Karam Pal S/o Satbir) were coming in a booggie from the side of the fields and entered the village. He has further deposed that they were carrying a pipe meant for submersible pump in the booggie and when they crossed the shop of Pawan and must have reached about hardly 20 feet he heard there was some hathapai. According to him at that time he was purchasing vegetable and he came out of the shop of Pawan and saw some boys of the 'B' community had assaulted Rajender and the other boy (Karam Pal), then he saw that one of the boys i.e. Karam Pal ran away towards the village and started shouting "Pale Ko Mar diya Balmikiyon Ne". He has further deposed that he then saw Dinesh who is son of Jamindars ('J') came to save Rajender and he was hit on his eye but he cannot tell whether it was by jelly or stone but there was injuries on his eye. He has further deposed that more persons from the village St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 370 came and brought a car and put Rajender and Dinesh in the car and took them away and after these boys were taken away large number of persons from the village came to the spot of occurrence because somebody spread a rumor that son of Pale had been killed. "Pale Ko Mar Diya aur 'B' laash nahi de rahe hai". According to him it was because of this rumor that persons from all communities gathered and the 'B' who were residing in the vicinity thought that the villagers had come to attack them that they started pelting stones on the villagers. He has further deposed that on that day since it was Wednesday there was Mela at the Mata Mandir and when the rumor reached the temple the public who was present in the Mela from other villages also came to the village and there was a counter attack and stone pelting was done from both the sides and after sometime he saw smoke coming from the other side of the road. He has further deposed that at the time when the incident had happened in the morning there were only 10-12 police officials in the village but later on large number of police force alongwith the SP Sh. Subhash Yadav also came to the village along with the fire brigades. He has further deposed that police never made inquiries from him.

During his cross examination witness has denied the suggestion that when SP Subash Yadav came to the village inquiries were made and DSP Abhay Singh also interrogated him. Witness has denied the suggestion that his statement was recorded on 21.4.2010 along with the statement of Karan Singh (a member of 'B' community) and has voluntarily stated that he know Karan Singh but their statements were never recorded. At this stage the statement Ex.DW20/PX1 is read over to the witness which he has denied. He has further deposed that he does not make any statement as read out to him in the court vide Ex.DW20/PX1 St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 371 and he does not give the names of any boys as mentioned at portion A to A1 in the said statement and has voluntarily stated that police never recorded his statement and it is Satyawan who could have got the statement recorded on his behalf. He has further deposed that he also did not tell the police that there was damage to his property and "tor for" done by the boys of the 'J' community whose names have been mentioned at portion B to B1 in Ex.DW20/PX1 and has voluntarily stated that there was no "tor for" in his house. Witness has admitted that he had received a compensation to the tune of Rs. 25000/- (twenty five thousand) from the Govt. but has denied the suggestion that this compensation was given to him on account of the damage to his property and has voluntarily stated that he got this compensation because it was given to all 'B' and he had not received any injuries nor anybody from his family had received any injuries and therefore no compensation was given to him on that account. He has further deposed that he stayed at the spot for hardly 15-20 minutes and after making purchases when the stone pelting started he went back to his house.

Witness has denied the suggestion that there was no incident of any kind between Rajender and boys belonging to 'B' community as deposed by him. Witness has denied the suggestion that there was no rumor of Rajender being killed by boys belonging to 'B' community as there was no such incident. Witness has further denied the suggestion that there was no stone pelting from the 'B' which took place first as deposed by him. He has further deposed that he cannot identify the boys belonging to 'B' community who had assaulted Rajender and Karam Pal but he know they were 'B' because they were from 'B' Basti. Witness has denied the suggestion that he was unable to identify these boys because St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 372 there was no such incident of the 'B' assaulting Rajender and Karam Pal. He has further deposed that he do not possess any watch and he is giving the time as per his own approximation. Witness has denied the suggestion that he was deposing falsely at the instance of the persons from the 'J' community having being won over by them as his livelihood is dependent upon them.

DW21 Dharambir aged 40 years belongs to the 'B' community and is the original resident of village Mirchpur since his birth. He has studied up to 5th class and is a daily wages labour and his house is situated in the 'B' Basti near the well situated adjoining the 'B' Chaupal.

I may observe that Dharambir had been cited as a witness by the prosecution but was not examined on the ground that he was a witness of repetitive facts. He has appeared to deposed as a defence facts and has supported the defence version of the incident alleging that the 'B' were the first aggressors and the incident had got aggravated thereafter. According to him, on 21.4.2010 he was present in the village at his house and between 7 AM-8 AM when he came to know that there was some quarrel in the 'B' Basti on the other side of the Chaupal after which he reached the spot that is the main street/ gali situated in the middle near the shop of Pawan and Veerbhan. He has deposed that when he reached the spot he came to know that some boys from the 'B' Basti had attacked Rajender and Dinesh who had sustained injuries. Thereafter he saw that two boys were being put in a vehicle/car and he was told that they were Rajender and Dinesh who were being taken to the doctor. After these boys were taken away a large number of persons from the village gathered at the spot of occurrence in the main gali St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 373 because a rumor had spread in the entire village that Rajender had been killed "Rajender Mar Diya, Rajender Mar Diya, Balmikiyon ne Mar Diya" and it was because of this rumor that public persons from all communities gathered and the 'B' who were residing in the vicinity thought that the villagers had come to attack them that they started pelting stones on the villagers. Thereafter stone pelting continued from both the sides and after about one and half hours police came at the spot and dispersed the crowd. He has further deposed that he had seen the police at the spot only once when they came in large numbers and he came back to his house after seeing what was happening after which he does not know what transpired. According to him, the police never made inquiries from him nor recorded his statement.

In his cross examination by the Ld. Special Public Prosecutor he has denied the suggestion that DSP Abhay Singh came to the village and made inquiries from him and interrogated him on 21.4.2010 and thereafter recorded his statement Ex.DW21/PX1. When the statement was read over and put to the witness he denied having made the same and also stated that he did not give any names of the boys as mentioned from portion A to A1 in the said statement Ex.DW21/PX1 and has voluntarily explained that the police never recorded his statement and it is Satyawan (a member of the 'B' community) who could have got the statement recorded on his behalf. He has denied told the police regarding damage to his property on account of burning and rioting (tor for) done by the boys of the 'J' community whose names had been mentioned at portion B to B1 in the statement Ex.DW21/PX1 and has voluntarily explained that his house was never burnt nor there was any damage to his property as it is situated on the other side. He has St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 374 however admitted having received a compensation to the tune of Rs. 15000/- (fifteen thousand) from the Government but has denied the suggestion that this compensation was given to him on account of the damage to his property and has voluntarily added that it was given to all families of 'B' community of the village. He has also stated that neither he nor anybody from his family had received any injuries. He has stated that he stayed at the spot for about one and half hours only after which he had gone back to his house. He has denied that there was no rumor of Rajender being killed by boys belonging to 'B' community as there was no such incident or that that there was no stone pelting from the 'B' which took place first as deposed by him. He has also denied that he is unable to identify these boys because there was no such incident of the 'B' assaulting Rajender and Karam Pal and that he has deposed falsely at the instance of the persons from the 'J' community having being won over by them as his livelihood is dependent upon them.

DW22 Praveen aged 25 years is a resident of village Mirchpur since his birth and has studied up to 5 th class. He belongs to the 'B' community and is unemployed. According to him, is 100% handicapped on account of Polio and resides at 'B' Basti where his house is situated towards the side of water works where they can reach through the main basti.

I may observe that Praveen had been cited as a witness by the prosecution but was not examined on the ground that he was a witness of repetitive facts. He has appeared to deposed as a defence facts and has supported the defence version of the incident alleging that the 'B' were the first aggressors and the incident had got aggravated thereafter. According to him, on 21.4.2010 morning, he was present in St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 375 the village and was sitting in the shop of Pawan situated in the main gali when he saw that Rajender S/o Pale and Karam Pal S/o Satbir (both of whom have been identified by the witness in the court) were coming in a boogie from the side of the fields and entered the village. He has deposed that they were carrying a pipe meant for submersible pump in their boogie and after they crossed the shop of Pawan and must have reached about hardly 30 to 40 steps ahead he saw that Rajender was stopped by about eight to nine boys who were from the 'B' Basti who were carrying lathies who thereafter started assaulting him on which Karampal ran away but Rajender got injured. He has further deposed that he saw Dinesh S/o Prem who came to the spot to save Rajender but he was also beaten and hit with the Rora (stone) on his temples and these boys were abusing Rajender and threatening him because Rajender had not supplied milk to them. He has clarified that Rajender owns a dairy in the main gali near 'B' Basti whereas the other dairies are situated away from the Basti and are near the bus stand which is about one and a half kilometers away from the 'B' Basti. According to him, when Karampal was running away, some boys belonging to 'B' community also ran after him and Karampal raised an alarm in the entire village saying that Rajender had been killed by shouting that "Pale ka maar diya, balmikiyan ne". He has deposed that Dinesh sustained injuries on his temples and became unconscious and in the meanwhile Prem, the father of Dinesh came to the spot and removed both Rajender and Dinesh to the hospital at Jind which fact he came to know later from the persons standing there. He has also deposed that after these boys were taken away large number of persons from the village came to the spot of occurrence because of the rumor and gathered at the main gali and the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 376 the persons from their community ('B') who were residing in the vicinity thought that the villagers had come to attack them on which they started pelting stones on the villagers which stone pelting was done from both the sides but thereafter arson and burning of houses also started. According to him nobody knows who first started the incident of fire which spread and after the time one vehicle of police personnel's came to the village. However, later large number of police force came to the village. According to the witness, he was present in the village in the main gali but his statement was never recorded nor any inquiry was made from him.

In his cross examination by the Ld. Special Public Prosecutor the witness has denied the suggestion that inquiries were made from him by DSP Tula Ram on 27.6.2010 who also interrogated him and recorded his statement vide Ex.DW22/PX1 and has voluntarily stated that when he had never met DSP Tula Ram there is no question of making any statement. The witness was confronted with his statement Ex.DW22/PX1 which was also is read over to him which he denied and has also denied having given any names of the boys as mentioned at portion A to A1 in the said statement. He has however admitted that his house was also set on fire but states that he was not available at his house at that time and was in the main gali in the house of Rajesh (DW17) who has a Kiryana shop in the main street/ gali. He has further deposed that he did make a statement to one police official but Ex.DW22/PX1 is not the statement which he had given to the police official and he had rather told him what he is now telling the court. The witness has admitted having received a compensation to the tune of Rs.2,50,000/-(two lac fifty thousand only) from the Government and has voluntarily explained that St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 377 it was on account of the fact that his house was burnt during the rioting. He has further deposed that he had not received any injuries nor anybody from his family including his two sisters had received any injuries and therefore no compensation was given to them on that account. He has also stated that his medical was never conducted and states that he stayed at the house of Rajesh till the time the police had come to the spot. The witness has denied the suggestion that there was no incident of any kind between Rajender and boys belonging to 'B' community or that there was no rumor of Rajender being killed by boys belonging to 'B' community as there was no such incident. He has further denied that there was no stone pelting from the 'B' which took place first and has further deposed that he cannot identify the boys belonging to 'B' community who had assaulted Rajender and Karam Pal and has voluntarily added that a large number of persons had collected at that time when this incident was happening and states that he is aware that they were all 'B' and from their basti because there was nobody else over there except them. He has denied that he is unable to identify these boys because there was no such incident of the 'B' assaulting Rajender and Karam Pal and has also denied that he has deposed falsely at the instance of the persons from the 'J' community having being won over by them as his day to day needs are being fulfilled on account of the charity he was receiving from them. He has admitted that he had sat on a protest (dharna) at DC Office, Hissar and had also come to Delhi for a protest (dharna) and has voluntarily added that he had gone for the protest out of greed only because he thought that they would get some compensation but later he came back on the third day itself and has explained that in fact all the 'B' had gone for that purpose. He has stated that he has never stayed at the Tanwar St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 378 Farms and has denied the suggestion that it is on account of greed since he had been won over by the persons of 'J' community that he was deposing falsely to save them from penal consequences.

DW23 Ranbir Singh is a summoned witness who has produced the summoned record pertaining to the entry in the Sugar Mill. He is employed as Assistant in the Sugar Mill Jind and has deposed that as per the official record the accused Hoshiyar Singh S/o Mangal Ram who is employed as a Coolie in the Sugar Mill was present in the Sugar Mill from 9:10 AM to 2:50 PM on 21.4.2010 which is evident from the relevant entry made at main gate in the entry register maintained by the security guard which is Ex.DW23/A and has further stated that there is a scrutiny of the entry register once in a week by the Managing Director. This witness has correctly identified the accused Hoshiyar Singh S/o Mangal Ram.

In his cross examination by the Ld. Special Public Prosecutor the witness has admitted that the entry has been made in the name of Ushara and has voluntarily explained that the guards at the entry gate were hardly 4th to 5th pass and often mention wrong spellings. He has denied the suggestion that the entry made in the register is pertaining to some other person and not the accused before this court and has voluntarily stated that there is only one Hoshiyar Singh who is a Coolie and there is no other Coolie by the name of Ushara. He has further deposed that they also have one more Hoshiyar Singh in the Mill but he is not a Coolie and is a regular employee posted on Tube well and is a Spray Pump Attendant. He has admitted that the place where the word Coolie has been mentioned in the register appears to have been scraped with a blade or a nail.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 379 After this discrepancy was pointed out by the Ld. Special Prosecutor this court examined the register and observed that though the designation appeared to have been changed but after examining the sheet of the register from the backside in light there did not appear to be any overwriting. Rather, it was evident that spelling mistake had been corrected and initially the word Uli (in Hindi) was written which was later corrected as Coolie. It was also observed that the Sl. Number had been changed and one had been made to two and two into three. This court further observed that this was also the case with the pages immediately preceding/ succeeding to the page where the relevant entry was made and hence it is evident that the person maintaining this register not being very educated was frequently making spelling mistakes and also was not well aware of the numerical counting due to which reason after a particular number he often faltered and therefore, this is not a case where an isolated entry has been scrapped and changed. The entire register reflecting this position is Ex.DW23/PX1.

In his cross-examination the witness has further denied that the entry record has been manipulated only to save accused Hoshiyar Singh from penal consequences or that the record produced by him was not the correctly maintained.

DW24 Ram Mehar Singh is a summoned witness who has produced the record regarding the attendance of Sandeep S/o Raj Kumar Roll. No. 43 who is a student of D Ed. (Diploma in Eduction). According to the witness, as per the attendance record of Sandeep Kumar who is 2nd year student of their college, he was present in the college on 21.4.2010 from 9:00 AM to 3:30 PM. He has further deposed that in case if any student leaves the class then he is either put on leave or in St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 380 case if he leaves without intimation his absence is marked in the evening. He has deposed Sandeep was present in the college both in the morning and evening. The copy of the attendance register is Ex.DW24/A.

In his cross examination by the Ld. Special Public Prosecutor the witness has admitted that the register shows 100% attendance in the college and has voluntarily explained that 85% attendance is compulsory for every student failing which the student cannot sit for examination and in case of default the student is liable to pay a heavy penalty. Witness has denied the suggestion that the attendance record is fabricated and not correct.

DW25 Jai Bhagwan is the Proprietor of JSM Engineers, Patiala Chowk, Nirvana Road, Jind, Haryana which company is involved in the work of erection of prefabricated structures at building sites. According to him, Pradeep S/o Jagbir was an employed as a supervisor in their company from April 2010 and was posted at Base Corporation, VPO Nagali, Ochhghat, Distt. Solan, Himachal Pradesh where the construction work was going on. He has further deposed that he was sent to Solan one or two days prior to 1.4.2010 when the working to start at Base Corporation Building. He has further deposed that on 21.4.2010 Pradeep S/o Jagbir was at the site i.e. VPO Nagali, Ochhghat, Distt. Solan, Himachal Pradesh. The copy of the attendance register is Ex.DW25/A (original was returned after seeing the same). On a specific query by the court the witness has informed that their employees remain at the site throughout the work and in the case of Pradeep he was staying in a rented room given to him by the company.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that Pradeep was not known to him St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 381 previously but had come to him through some person for employment. On being asked if Pradeep had any salary record he has denied and has explained that persons who are fresh employees are initially paid in cash for two three months because most of them leave after some time and moreover because their work comprises of short time contracts which often finish in a time bound manner and therefore there is no requirement of maintaining any employment record. He has denied the suggestion that Pradeep was never their employee and was never paid any salary and it is for this reason he was unable to produce any employment record or that the attendance register is a fabricated documents only to save Pradeep from legal consequences.

DW26 Dr. Balbir Singh Punia is the owner and physician of Punia Hospital & Nursing Home, Urban Estate, Safidon Bypass Jind. He has brought the summoned record pertaining to the medical treatments of the patients/ accused Ajeet S/o Sukhbir Singh, Kuldeep S/o Balbir and Viren S/o Yashpal. According to him, Ajeet S/o Sukhbir Singh had come with the alleged history of fever and bacillary dysentery on 19.4.2010 and he examined him as an outdoor patient. He has proved the prescription slip of Ajeet which is Ex.DW26/A (running into 2 pages) bearing his signatures at point A. He has further deposed that Ajeet again came to him for the follow up on 21.4.2010 in the morning at about 9 AM and remained in his hospital under supervision and treatment for three-four hours and was discharged at 2 PM and has proved the treatment slip for 21.4.2010 which is Ex.DW26/B bearing his signatures at point A.

He has further deposed that Kuldeep S/o Balbir Singh had come to him with the history of hyper pyrexia i.e. high fever and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 382 vomiting on 19.4.2010 and was admitted as an indoor patient in his hospital. He remained admitted till 21.4.2010 and was discharged on 21.4.2010 in the evening at about 7.30 PM. He has proved the copy of his treatment papers which is Ex.DW26/C (running into 2 pages) bearing his signatures at point A and states that the original must be with the patient. He has also proved the discharge summary of Kuldeep S/o Balbir Singh which is Ex.DW26/D (running into 4 pages) bearing his signatures at point A.

The witness has also deposed that Viren S/o Yashpal had come to his hospital with the history of loose motion and vomiting and was diagnosed as a case of Colera on 20.4.2010 at 10.30 AM and was admitted in his hospital as an indoor patient and was discharged on 22.4.2010 at 8.30 AM. He has proved the copy of his treatment paper which is Ex.DW26/E (running into two pages i.e. front and back side) bearing his signatures at point A and states that original must be with the patient. He has also proved the discharge summary of Viren S/o Yashpal which is Ex.DW26/F (running into four pages) bearing his signatures at point A.

He has also placed on record the copy of the relevant entries pertaining to Ajeet S/o Sukhbir, Kuldeep S/o Balbir and Viren S/o Yashpal which are Ex.DW26/G (collectively running into two pages) encircled at point Y1,Y2 and Y3 respectively in the OPD register of the hospital (original of which are seen and returned).

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that his hospital is registered with the Government of Haryana vide registration number 9277 and was registered in the year 1992 whereas his own registration was of the year St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 383 1982. He has further deposed that the hospital is situated about fifteen kilometer away from village Mirchpur. He has further stated that apart from his hospital there is only one more hospital situated at Urban Estate, Jind but his hospital is the nearest to the village Mirchpur distance wise because Mirchpur falls in District Hissar but is bordering District Jind and is the last village of Hissar on this side. He has further deposed that he had a staff of five persons in his hospital and both himself and his wife are the general physicians and has deposed that at a time his hospital/Nursing Home can admit/ accommodate ten patients. He has stated that when any patient comes to him, then only his fathers name and his address is asked but they not ask for any other document to establish identity and they maintain their record on the basis of the information provided to them by the patient. He has admitted that the case history of the patient is attached on the bed of the patient wherein the various details regarding the temperature, blood pressure and the other examinations and follow up treatment are mentioned and has voluntarily explained that it is done only in case of patients who are under supervision. According to him, he is known to the families of Ajeet, Kuldeep and Viren since he is their regular family physician and has explained that he receives regular patients from village Mirchpur. The witness has denied the suggestion that the medical record placed by him before the court has been manufactured at the instance of the families of the accused and has voluntarily explained that the serial number mentioned at column no.2 cannot be manufactured since it is in continuation and the moment the register is completed the serial number in the next register would be in continuation. He has admitted that after each date one line has been left blank and has voluntarily stated that it is St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 384 only a space to distinguish the fresh entry which starts from the next date. He has also stated that the OPD register is normally filled by the staff at the reception and has voluntarily added that it could be in the handwriting of two persons as one of them always present at the reception. He has denied the suggestion that the entire prescription record and discharge summary of the patients Viren and Kuldeep have been manufactured and fabricated only to save them from penal consequences.

DW27 Suresh is an accused before this court and has examined himself as his own witness and in his examination has proved that he had suffered the Polio attack at the age of three years, as a result of which he develop physical disability to the extent of 70%. The Medical certificate issued by CMO, Hissar dated 1.06.1989 is Ex.DW27/A.

DW28 Dalbir Singh is the Incharge of DM Poultry Research and Breeding Farm, Uchana Khurd, Jind and is into business of sale of chicks to various farmers into poultry business. According to him, Vikas S/o Sumer Singh resident of Mirchpur is his regular customer who is running a poultry farm under the name and style of M/s V & V Poultry farm, Village Mirchpur, Tehsil Narnaund, Distt. Hissar (Haryana). He has produced the record pertaining to the sale of chicks to Vikas S/o Sumer Singh and has stated that on 21.4.2010. Vikas had come to him at 8 AM to get the chicks already purchased by him earlier vaccinated since as a matter of practice the farmers who purchase chicks are required to be present when these chicks are being vaccinated before their delivery and therefore on 21.4.2010 Vikas remained with him till 6 PM and during the day 11,220 (eleven thousand two hundred and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 385 twenty) chicks were vaccinated. He has further deposed that he (Vikas) had booked 11,000 chicks about a week earlier which he purchased on 21.4.2010 after vaccination and 2% chicks were given free to him on the purchase of 11,000 hence the total sale was 11,220. He has proved the receipt regarding the sale of the chicks on 21.4.2010 to Vikas which is Ex.DW28/A (original challan book bearing the counter foil of the receipt has been seen by the court and returned). He has further deposed that the challan is prepared in triplicate out of which one is given to the customer/farmer, one is given to the transporter who transports the chicks and the third challan receipt is present in the receipt book.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that the name of the customer as Vikas is not mentioned in the challan and has voluntarily explained that the name of the company i.e. V & V Poultry Farm, Village Mirchpur is mentioned and Vikas is the partner whose signatures are present in the original receipt. He has admitted that the carbon copy of the receipt does not bears the signatures of Vikas whereas the original bears his signatures and has voluntarily explained that the signatures of the customer are taken on the original in the accounts department where the original is sent after the purchase is made for purposes of payment and it is for this reason the counter foils present in the receipt book would not bear the signature of the customer. He has denied the suggestion that the counter foil book and the challan has been manipulated and fabricated only to help Vikas. He has further denied that he did not meet Vikas on 21.4.2010 and that no vaccination of chicks was done in his presence and he was deposing falsely only to save him from penal consequences because he is known to him and has voluntarily added that he knows St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 386 Vikas only professionally as a client/farmer and has no personal relations with him. He has denied the suggestion that the number of the vehicle mentioned on the challan i.e. HR 56 0695 is a fictitious number and no such driver whose signatures are present on the challan is existing and has voluntarily added that the said driver could be called to the court if necessary. Here I may observe that this driver of the vehicle that is Sajjan has also been called to the court and examined as DW36.

DW29 Vikas is the accused before this court who has examined himself as his own witness wherein he has proved that he is running a poultry business under the name and style of M/s. V & V Poultry Farm, village Mirchpur since the year 2008 which was pursuant to the loan of Rs. 45 lacs sanctioned from the State Bank of Patiala, Safidon Gate, Main Branch, Jind. He has placed on record the certificate issued by the bank regarding the sanction of the loan is Ex.DW29/A (original has been seen and returned by the court).

DW30 Rajender is an accused before this court who has examined himself as his own witness wherein he has tendered the certified copy of the affidavit of Sanjay S/o Gulab Singh who has appeared as a witness before this court as PW44. According to the witness, as per his information Sanjay had filed this affidavit before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana which copy of the affidavit is Ex.DW30/A and the certified copy of his statement recorded by the Commission as VW-5 on 18.11.2010 is Ex.DW30/B.

He has also tendered the certified copy of the statement of Dilbag Singh S/o Gulab Singh who has been examined as PW 43 before this Court and states that as per his information Dilbagh had filed St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 387 this affidavit before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana. Certified copy of his statement recorded by the Commission as VW-28 on 21.01.2011 is Ex.DW30/C.

DW31 Ramphal aged 55 years is the Ex-Sarpanch of the village Mirchpur from the year 2005 to 2010. He has in his deposition before the court testified that there is an ancient temple in the village known as Mata Phoolen Devi Mandir and the management of the temple is with the village panchayat and yearly offering rights are auctioned and the rights are then given to the person offering the highest bid. According to him, in the years 2007 and also in the year 2009 the offering rights had been given to Dharamvir S/o Mai Chand being the highest bidder which record of the rights are maintained the Secretary Panchayat and he has produced the same in the court. The copy of the patta/lease register showing the relevant entries is Ex.DW31/A (for the year 2007) and Ex.DW31/B (for the year 2009) bearing his signatures at point A and the thumb impressions of Dharamvir at various points at mark B (original has been seen and returned by the court).

DW32 Dr. Rajesh Gandhi was posted in the Casualty General Hospital Jind from 8 AM to 2 PM on 21.4.2010 and has brought the summoned record pertaining to the accused Dinesh S/o Prem Singh resident of village Mirchpur and also the record pertaining to the trainee MPHW (F) (Multiple Purpose Health Worker-Female).

According to him, on 21.4.2010 he had examined Dinesh S/o Prem Singh as an indoor patient which record is Ex.DW32/A (running into two sheets) bearing his signatures at point A, showing that the patient had suffered injuries on the frontal region on account of which an opinion had been sought from the surgeon and subsequently it St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 388 was reported by the surgeon that no surgical intervention was required and the patient was referred to PGIMS, Rohtak for the opinion of the eye surgeon on 22.4.2010.

He has further deposed that Suman D/o Sh. Tek Ram (DW18) was under training as MPHW (F) at GH, Jind on 21.4.2010 and he has duly proved the attested record of her attendance which is Ex.DW32/B (running into four pages) bearing the signatures of the Medical Superintendent at point A. According to him, the Nursing Sister (N/S) has duly certified the attendance of Suman in the Record Matron Office at the time of her joining which certificate is Ex.DW32/C bearing the signatures of Nursing Sister (N/S) Rajbala at point B. He has stated that in order to confirm the attendance of Suman on 21.4.2010 the record keeper from the college from where she had been sent for training could be called along with the relevant record of attendance. (Here I may observe that the witness Dipender Singh DW39 has also produced the corresponding record of attendance from the training institute which confirms the presence of Suman as trainee nurse at General Hospital Jind both on 21.4.2010 and 22.4.2010.) In his cross examination by the Ld. Special Public Prosecutor the witness has proved the entire entries made in the bed head ticket which are in his hand except the entries made on the top pertaining to the name and other details of the patient. He has also identified the signatures of the patient on the non MLC statement recorded by him at point X on Ex.DW32/A and has deposed that he cannot confirm the identity of the patient. It has been observed by the court that it is the first duty of the doctor to provide treatment to the patient and not to establish his identity. On a specific query by the court the witness has explained St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 389 that he may not be able to identify the patient on account of his long length of service of seventeen and a half years in the hospital but perhaps after seeing the injury which he had treated he may be able to co-relate the patient. Thereafter when the accused Dinesh S/o Prem Singh was shown to the witness Dr. Rajesh Gandhi, he after examining the scar marks of the injuries which were still present and visible on the frontal, temporal and right cheek near the eye, has identified the accused Dinesh stating that he had examined the injuries under question and therefore on the basis of the same he co-relates the accused Dinesh with the patient examined by him on 21.4.2010.

He has further deposed that he did not mention the mark of identification of the patient on the bed head ticket and has voluntarily explained that it is only mentioned in the MLR. According to the witness, as per their record the patient was not discharged but had been taken home by his brother on his request with the undertaking to produce him in the morning since he was under observation of the surgeon and states that the record further reveals that on 22.4.2010 the patient was examined by Dr. Anil Birla, the Surgeon who after examination made the various entries at point encircled Y bearing his signatures at point Y1 and the patient Dinesh had signed in his presence on his non MLC statement.

According to the witness village Mirchpur is around fifteen kilometers from General Hospital Jind and there are two manual railway crossings from village Mirchpur to General Hospital Jind and if the gates are opened it takes about thirty minutes to reach Mirchpur otherwise it takes much longer. He has denied the suggestion that the record produced by him is manipulated and fabricated only to help Dinesh S/o Prem Singh.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 390 Later after the witness Dr. Kuldeep (PW33) was examined Dr. Rajesh Gandhi was recalled by the Court for his additional examination and on a specific query by the court he has informed the court that Dr. Kuldeep was known to him for the last twelve years as they were both posted in the same district since the year 1999. He has admitted that on 21.4.2010 prior to examining the patient Dinesh one person had come to him and told him that Dr. Kuldeep Singh from village Channa (Jalalpur Kalan) wanted to have a word with him and though normally he does not attend to such calls and if anybody has to call him they normally call him on his number but since Dr. Kuldeep was known to him, he attended to the call and was told by Dr. Kuldeep that the person who had come to him was known to him and had suffered some injuries and he requested him to attend to them first. The witness has further deposed that when he examined the person he found that his clothes were smeared with blood and therefore he attended to him on priority.

In his further cross examination the witness has denied the suggestion that he never spoke to Dr. Kuldeep and the medical record of Dinesh has been manipulated by him at the instance of Dr. Kuldeep.

DW33 Dr. Kuldeep Singh is doing MD in Department of Community Medicine from PGIMS, Rohtak and has proved that he is using mobile connection bearing no. 9416193328 for the last eight-nine years. He has proved that Rajender S/o Satpal (i.e. Pale) is the son of his Mausi Mrs. Bharma and is residing at village Mirchpur. He has deposed that on 21.4.2010 he was present at PGIMS, Rohtak (Community Health Center-Chiri) and on that day he had received a call from Rajender S/o Satpal who told him that he was present at General St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 391 Hospital Jind along with a friend and they both had received injuries and further told him that there was a lot of crowd in the hospital and requested him to tell some doctor to attend to them early on which he told Rajender to connect him to whichever doctor who was on duty in the emergency pursuant to which Rajender connected him to Dr. Rajesh Gandhi upon which he requested Dr. Gandhi to attend to Rajender and his friend on priority and Dr. Gandhi assured him that he would do the needful. He has identified Dr. Gandhi (PW32) who had appeared in the court to depose prior to recording his evidence and states that he (Dr. Gandhi) was known to him previously being a colleague.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that the telephone connection which he is using for last eight-nine years is in the name of Raj Kumar who is his very good friend. According to him, the service provider is BSNL and his connection is prepaid. He has denied that he was deposing falsely to save Rajender from penal consequences being his close relative and there was no telephone call received from him nor he had spoken to Dr. Gandhi since there was no occasion for the same. He has denied the suggestion that the mobile no. 9416193328 is not in his use but did not recollect the number of Rajender.

I may observe in this regard that after the examination of Dr. Kuldeep, Dr. Gandhi was recalled by the court and examined on the aspect of the telephone call made by this witness which he confirmed. In fact the oral testimony of both Dr. Gandhi (DW32) and Dr. Kuldeep (DW33) also find due corroboration from the call detail record placed before this court and proved by DW34 Pawan Singh.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 392 DW34 Pawan Singh is the Nodal Officer (Delhi & NCR) from Idea Cellular Ltd. who has produced the summoned record pertaining to mobile no. 9812628500 and no. 9540151131. He has proved that mobile No. 9812628500 is in the name of Rajender Singh S/o Satpal Singh R/o H.No.48, Village Mirchpur, Block-2, Tehsil Narnaund. The copy of the customer application form which is Ex.DW34/A showing the photographs of the customer at point encircled A and his signatures at point B. According to him, the identity of the customer was verified on the basis of election identity card attached along with the customer application form which election identity card is Ex.DW34/B. He has placed on record the call details of the customer for 21.4.2010 since 5.37 AM to 20.58 PM (i.e. 8.58 PM) which is Ex.DW34/C showing that the user was present in the same area till 10.04.56 except at one time at 9.23.18 when this location appears to be different. He has further deposed that thereafter the location of the user has changed till 10.25.07 and has been continuously changing and the entry at 9.23.18 at point X1 shows the location of the user at Jind Vita Milk Plant. Entries at 10.04.57 and 10.25.07 at point X2 are of the tower situated at Rakhi, Hissar. He has further deposed that the presence of user has been shown at Jind as per the point mark X3 at point 13.07.00 during which time an outgoing call was made at the number 9416193328 duration of which call was lasted for about 59 seconds. The witness has requested for calling the Nodal Officer of the concerned area (Haryana) in order to confirm the tower details and exact locations.

The witness has further proved that the mobile no. 9540151131 is in the name of Sandeep Kumar S/o Mahender Singh R/o H.No. 284, village Mirchpur, Tehsil Narnaund, District Hissar, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 393 Haryana. The copy of the said customer application form is Ex.DW34/D bearing the photograph of the customer at point A and his signatures at point B. He has also deposed that the verification had been done on the basis of election identity card of the customer which is Ex.DW34/E and has also brought the call details for 20.4.2010 and 21.4.2010 which are Ex.DW34/F showing the location of the user at Gurgoan on both the days. The witness has also deposed that since he is the Nodal Officer for Delhi and NCR region, therefore he is in a position to tell the location on the basis of the tower shown in the last column. He has proved that as per the record the location of the user on 21.4.2010 was at Sector 14, Gurgoan at 8.59 AM as per the entry at point encircled Y1; at 10.59 AM the location of the user has been shown at Payal Cinema, Gurgaon as per the entry at point encircled at point Y2; at 12.07 PM the location of the user has been shown at Payal Cinema, Gurgaon which is encircled point Y3; at 1.02 PM the location of the user is shown at Sector 14, Gurgaon which is encircled at point Y4 and at 7.10 PM the location of the user is shown at Payal Cinema, Gurgaon which is encircled at point Y5.

Initially when the witness was cross examined by the Ld. Special Public Prosecutor he has not brought the authorization letter therefore he was again recalled and examined wherein he placed on record the authorization letter issued by Sh. Pankaj Kumar, Assistant Manager, Legal Department duly authorizing him to depose before this court which is Ex.DW34/G bearing his signatures at point A and bearing the signatures of Sh. Pankaj Kumar at point B and also the certificate under Section 65B of the Evidence Act which is Ex.DW34/H bearing his signatures at point A.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 394 DW35 Om Prakash is the Deputy General Manager, BSNL, Distt. Hissar and has proved the call details record dated 21.4.2010 pertaining to mobile no. 9416200453 in the name of SHO Police Station Narnaund, District Hissar which is Ex.DW53/B and had been retrieved and preserved by his office as per the directions of this court. He has certified that the above is the true and correct record retrieved from the computer in his possession whose password is protected. He has also proved the copy of the customer application form which is Ex.DW35/A which was sanctioned in official capacity (original has been seen and returned by the court). The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor.

DW36 Sajjan is the driver employed with DM Poultry Research and Breeding farm, Uchana Khurd, District, Jind on Tata 407 tempo bearing no. HR 56 0695. According to him, on 21.4.2010 he had made the delivery of chicks to V & V Poultry Farm, village Mirchpur from DM Poultry Research Farm, the challan already exhibited as ExDW28/A which bears his signatures at point A which were affixed by him at the time of loading at Jind and has also proved the signatures of the customer at point B which were put after the delivery of the chicks at the destination.

In his cross examination by the Ld. Special Public Prosecutor he has deposed that they do not maintain any log book of the vehicle and has explained that are maintaining an entry/ exit register at the Poultry farm. He has denied the suggestion that he is maintaining a log book of the vehicle which he has deliberately not produce in the court since it would have proved the movement of the vehicle and has St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 395 voluntarily added that no log book is being maintained. He has also denied the suggestion that he is deposing falsely at the instance of his employer (DW28) and his signatures were obtained subsequently.

DW37 Ranbir aged 36 years is a graduate and is a resident of VPO Faridpur and belongs to 'J' community. He is a farmer by profession and has deposed that his mother's family (nanka) are at village Mirchpur. He is related to Pawan and Kulvinder who are both sons of Sh. Ram Mehar his real mama.

According to him, on 20.4.2010 he had gone to village Mirchpur to pick up his mother from his mama Ram Mehar's house and had stayed there overnight. He has deposed that on 21.4.2010 in the morning at about 8 AM while he was sitting outside the house of his mama, he saw Rajender S/o Satpal and Karampal S/o Satbir who are neighbours of his mama were coming in their boogie from the main gali and were having an iron pipe in the boogie. He has further deposed that while they were coming 'B' Basti and when they reached near Vir Bhan's house, he saw seven-eight boys belonging to 'B' community who suddenly stopped the boogie and surrounded Rajender and Karampal and started beating Rajender with lathies and also started beating the bullock. Some how Karampal managed to escape but in the meanwhile some other boys from the 'B' Mohalla also joined the earlier boys. He has further deposed that while running from the spot, Karampal was shouting Rajender ko 'B' ne peeth diya when he saw Dinesh S/o Prem having the house in the same gali who was also present in the gali ran to help Rajender but when he reached near Rajender one of the 'B' boy hit him with the jelly on his face due to which reason he became unconscious and all the boys belonging to 'B' community left him there. He has St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 396 further deposed that thereafter he saw Prem father of Dinesh who came to the spot and he along with Rajender and Karampal picked up Dinesh and put him in a Jeep and took him away to hospital at Jind and after some time a rumor spread in the village that Rajender S/o Pale had been killed by the 'B' "Rajender pale ka balmikiyon ne mar diya". He has further deposed that on that day there was a Mela in the temple of Phoolan Devi Mata being a Wednesday when large number of persons from the surrounding village also visit the temple which is situated near the 'B' Basti and the road leading to the temple adjoining 'B' Basti in the western side. According to the witness, on hearing that Rajender had been killed a large number of villagers gathered at the spot where Rajender had been beaten in the main gali near the 'B' Basti and the 'B' residing there panicked and thought that these persons had come to attack them and therefore started throwing stones on the crowd as a result of which stone pelting started from both the sides and there was rioting and after sometime he saw smoke arising from the western side.

According to the witness, he was witnessing the entire incident from the roof of his mama/ Ram Mehar's house from where he saw that after some time the police also came to the village and later more police force came along with the fire brigade to drowse the fire and dispersed the crowd and went to the spot where the smoke was arising.

In his cross examination by the Ld. Special Public Prosecutor the witness has deposed that he had six acres land and he had come to village Mirchpur on his motorbike and states that the distance between Faridpur and Mirchpur is about forty kilometers. He has further deposed that he normally visited Mirchpur once in two months or so and states that his mother had come to his mama's house about ten days prior St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 397 to the date when he had gone to pick her up and during this period when his mother was at Mirchpur, he had spoken to her once. According to him, he knew most of the residents of village Mirchpur of that area because he had stayed there for a year when he was student. He also stated that he is known to many persons of village Mirchpur from both the 'J' and the 'B' community and has deposed that from the 'B' community he is known to those persons who had been meeting him like Karan Singh, Vir Bhan, Amar, Pradeep, Satyawan, Sajna, Binder and Kullu. According to this witness, he had come to this court only once that is on the first date when the accused had been shifted to Delhi from Hissar. He has further deposed that Tara Chand who has expired had three sons out of whom he knew Pradeep and Amar and also his wife Kamla as she used to come to the house of his mama. He has further stated that he cannot not identify the boys belonging to 'B' community who had caught Rajender and were beating him and the shop of Pawan is near the place of the incident and has explained that he had seen the incident from the gali in front of his mama's house which is about four to five houses away from the actual place of incident. He has further deposed that he did not try to intervene when the quarrel was going on and the entire dispute lasted for about thirty minutes from the time Rajender was stopped till the time Dinesh and Rajender were removed to the hospital. He has further deposed that no other person except Dinesh intervened in the dispute and he did not inform the police nor raised any hue and cry or alarm and also did not go to the house of Rajender to inform them about the incident because according to him, there was no need as Karampal had already raised an alarm in the village. He has further deposed that after this incident he did not take his mother back on St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 398 21.4.2010 and has explained that since the parents of Kulvinder and Pawan have expired therefore being the elder in the family his mother stayed back and returned only after two days of her own in a bus. Witness has admitted that before he left the village, senior police officers had come to the spot and had conducted inquiries but no police officer made any inquiry from him since he was sitting inside the house nor he told any police officer what had happened. He has further deposed that he does not know anything about the incident 19.4.2010 and only came to know of the same on the next day after Pawan had been arrested at night. He has also deposed that on the day Pawan has been arrested he had himself gone to Superintendent of Police Sh. Subhash Yadav to tell him that Pawan has been falsely implicated and he was present in his fields during the day but he was told by the Superintendent of Police that Pawan would be left after interrogation and has voluntarily added that later he had also met IG, DC and DSP Tula Ram and had given an application in writing to the IG copy of which was handed over to DSP Tula Ram. Witness has denied the suggestion that he was not present at village Mirchpur on 20th and 21st April 2010 or that no such incident regarding beating of Rajender and Dinesh had taken place nor any rumor had spread in the village. He has also denied that 'B' had never indulged into stone pelting on the crowd as alleged by him or he is deposing falsely in order to save Pawan, Kulvinder and other boys of 'J' community from penal consequences.

DW38 Dalip Singh is the District Welfare Officer, Hissar who has proved the record pertaining to the compensation provided to the victims/ affected families of Mirchpur village in respect of the incident dated 21.4.2010 attested copy of which is Ex.DW38/A (running St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 399 into 29 pages). According to him, Kamla has been granted half compensation for the death of Tara Chand on account of the fact that Tara Chand had a son from the first wife namely Amar Lal who has been given half of the compensation as per the record. The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor.

I may further observe that all the three sons of the deceased Tara Chand namely Amar Lal, Pradeep and Ravinder have been given appointment in government services on compassionate grounds after the approval of the Cabinet which is Ex.PX3 and is not disputed by both the prosecution or the accused.

DW39 Dipender Singh has proved the record regarding the attendance of Suman D/o Sh. Tek Ram who was a trainee nurse at GH Hospital Jind from Shri Balaji School of Nursing, Uchana Mandi and had reported to General Hospital Jind on 21.4.2010 in the shift 8 AM to 2 PM. He has placed on record the copy of the attendance register copy of which is Ex.DW39/A (original seen has been seen and returned by the court). The testimony of this witness has gone uncontroverted as he has not been cross-examined by the Ld. Special Public Prosecutor.

DW40 Chander Prakash aged 65 years is the original resident of village Mirchpur where he is residing since his birth and is a teacher (retired) and belongs to the 'J' community. According to him, on 21.4.2010 he was present in the village and on that day at about 8.30- 8.45 AM he had gone to the 'B' Basti in search of agricultural labour since a Thrasher had been taken on rent by him for harvesting of wheat at the fields and when he reached the main gali he saw a boogie parked near the house of Veer Bhan, he also saw a vehicle apparently a jeep in St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 400 which he saw some people carrying some persons and putting them in the vehicle. According to him out of curiosity he went to the spot but before he could reached the vehicle it was taken away and he was told by the people standing there that one Rajender S/o Pale and Karam Pal were getting their boogie to the village and when they reached near 'B' Basti some boys belonging to 'B' community surrounded them and Rajender was brutally assaulted, while Karam Pal managed to escape and raise an alarm in the village stating that Rajender had been killed by members of 'B' community "Rajender Ko Balmikion Ne Mar Diya". He has further deposed that he was also told that Dinesh who was from the family of Rajender had gone to save him on hearing the alarm of Karam Pal when he was also assaulted and received injuries near his eyes as a result of which some red colored flesh had come out near the eye and Dinesh had become unconscious due to which reason the said boy were being taken to the hospital. Thereafter a rumor spread in the village that Rajender had already been killed and whoever heard of the same came out to the spot of the incident out of curiosity to find out what had happened. According to the witness, not many people of the village were present in the village at that time being the crop harvesting season and a few of the elders of the village whoever were present came to the spot to find out what had happened. He has further deposed that on every Wednesday there is a Mela in the temple of Phoolen Devi Maa where a large number of people/devotees come not only from the neighbouring village but even from far off places and the day of incident being a Wednesday a large number of devotees/ pilgrims were present in the temple of the village. He has deposed that when the news that Rajender had been killed reached the temple, many persons who had come to the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 401 temple also came to the spot in the 'B' Basti and the 'B' residing around the main gali saw the crowd collecting and coming towards their side and became apprehensive thinking that Rajender had been killed. As a result of the same they started pelting stones on the crowd which was collecting in the main gali and during this period police force from Police Station Narnaund headed by the SHO reached the village and took a stock of the situation and tried to control the same but was unable to control the crowd. According to him later after about half an hour more force/reinforcement started reaching the village and while the stone pelting was going on in the main gali, they noticed some smoke coming out from one of the by-lanes where the fuel in the form of Uplas and Thasras were lying stacked. He has further deposed that the fire from these dumps of fuel started spreading to the neighbouring houses situated in the gali as a result of which the fire brigades had to be called and SP Hissar also came to the spot and inspected the houses which had caught fire and it was then that he found Tara Chand in a burnt condition in his house. He also found his (Tara Chand) daughter Suman in the adjoining house also belonging to him in a burnt condition. According to him Suman had already expired by the time but Tara Chand was still alive and the police immediately shifted him to the hospital in their vehicle. He has further deposed that at that time there was no other person present in the house of Tara Chand but when he was being shifted to the hospital in the police vehicle his elder son Amar Lal came to the spot and accompanied the injured Tara Chand and at the time when the ambulance had lifted and taken Tara Chand from the spot no other person from his family present there except Amar Lal who had come when Tara Chand was being shifted. According to him police did not arrest any person St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 402 from the spot in his presence. He has further deposed that it was in the evening when Chaudhary Bhajan Lal, the former CM Haryana followed by Maan Singh Manhera from the BSP also came to the village and started politicizing the issue by giving it the colour of a caste conflict. He has further deposed that till the evening when all the residents of the village belonging to all communities had a meeting with the Superintendent of Police Hissar and none of them including the police could know why and how the rioting/ arson had taken place. He has further deposed that thereafter many political leaders started visiting the village including Sh. Rahul Gandhi, Kumari Shelja, Sh. Ajay Chautala, Sh. Ram Vilas Paswan, Sh. Jaibir 'B' from Congress, Sh. Phool Singh, INLD (Indian National Lok Dal), 27 members Lok Sabha Committee of MPs and one lady politician from West Bengal of CPM, Sh. Bhupinder Singh Hudda, CM,Hissar, Sh. Randeep Singh Surjawala, Ms. Geeta Bhukal had also come to the village and met the 'B' of the village and spoke to them but none of the above leaders met any other persons from any other community in the village except the 'B'. According to him all these political leaders started enticing the persons from the 'B' community by promising them land and money in case if the dispute is shown to be a caste atrocity.

During his cross examination by Ld. Special prosecutor witness has admitted that he is following up this case and states that he is doing so as a social worker pf the village and his aim is to establish peace between the waring communities. He has denied the suggestion that he had been instructing his counsel and helping him during the examination of the prosecution witnesses and has also denied the suggestion that he had been making public statements to the press and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 403 the media that a lot of injustice was being done with the persons from the 'J' community which statements he had made during 'J' agitation and has voluntarily stated that he had made no such statements, though he was always of the view that persons from all communities should have been heard during the investigation and the role of the NGOs (Non Government Organizations) and politicians was very dubious. He has denied the suggestion that the senior officers and District Administration were known to him in his capacity as a social worker and has voluntarily added that prior to the incident he did not know anybody but after the incident when the senior officers started visiting the village it was then that he came to know them. He has further deposed that he had told Superintendent of Police, Hissar and the first and the second Investigating Officers of the rank of DSPs that there was no dispute between the castes and everybody was residing in the village peacefully and has voluntarily added that this was something which was even told to the police by the 'B' of the village but they were never heard. He has further deposed that he had only told these things to the police orally and did not give anything in writing to any authority including the Investigating Officer and the Superintendent of Police. He has stated that he came to know that boys of their village had been falsely implicated when the case was filed in the court but he did not object to their alleged wrongful arrests in writing to any authority and has explained that he only met them and objected orally to the action and whenever he told them of the same they had written it down in their records. He has denied the suggestion that he is the President of the Khap Panchayat and has voluntarily added that he is even not a member. He has denied the suggestion that he was also member of the team who had St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 404 gone and met the CM Sh. Bhupinder Singh Hooda and has voluntarily added that he had never gone to meet Sh. Bhupinder Singh Hooda. He has also admitted that he had not seen any of the injured and has voluntarily stated that they had left as soon as he reached the spot before he could see them and had only seen the vehicle. Witness has denied the suggestion that he had not witnessed any incident regarding taking of Rajender, Dinesh and Karam Pal to the hospital; or that he was not present at the spot; or that nobody had told him that Rajender had been surrounded and brutally assaulted by boys belonging to 'B' community; or that the dispute was there between the 'J' and 'B' community and since the same was being hushed up by the local administration it is for this reason that the politicians as aforesaid had come to the village to protest against the action of the local administration only when the matter was highlighted and the case registered. Witness has also denied the suggestion that he had never given his statement in writing to the police or to any authority because he was not a witness to any incident nor there was any false implication or that he was deposing falsely in the court only because he is belonging to the same community.

DW41 Sh. Suresh Kumar is running a shop under the name and style of Suresh Tractor Work situated at Old Hansi Road, Jind which he opens at 7 AM and closes at about 11-12 midnight depending upon the work. According to him, he knows Satyawan S/o Rajender who is his employee and is working with him since 1995-96. He has deposed that Satyawan comes to his shop on daily basis but if the work is more he stays overnight at the shop. He has further deposed that on 21.4.2010 when he reached his shop at about 8 AM Satyawan was already present since it is the job of Satyawan to open the shop daily and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 405 thereafter he remained in the shop for two or three days and did not go back home as there was excessive work. According to him, Satyawan went back home only after two to three days that is on Sunday since it was closed.

In his cross examination by Ld. Special Prosecutor the witness has admitted that he did not maintain any day to day attendance record nor he is maintaining any record of employment and has voluntarily explained that there are just three to four workers with him in the shop and therefore the need to maintain a record did not arise. He has admitted that his shop is not registered under the Shop Establishment Act and has informed the court on query that the shop belongs to him. He has also explained that he has a provision for overnight stay on the first floor for the customers who are unable to return at night but he himself returns to his village daily. He has further deposed that his shop is situated in the market and there are other shops in the vicinity and has deposed that Satyawan had been regularly coming to his shop till September after which he stopped as he was arrested in the present case. He has deposed that he (witness) was informed about the arrest of Satyawan by the other misteries who come from his village after which he had also met the Superintendent of Police, Hissar and informed him that on the date of incident Satyawan was present in his shop and the DSP whose name he does not know had taken this information from him in writing. He has deposed that and he was not given a copy of his statement recorded by the DSP and has voluntarily stated that he had gone to these officers twice after which his statement was recorded. He has denied the suggestion that he did not meet any police officer nor he gave anything to them in writing or that Satyawan was not working in his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 406 shop or that he was deposing falsely at his instance being known to his family.

DW42 Sh. Deepak Kumar is the Nodal Officer, Idea Cellular Ltd., Haryana posted at Ambala, Haryana and duly authorized to depose before this court vide authorization letter Ex.DW42/A. He has proved the summoned record pertaining to the mobile no. 9812628500 which is Ex.DW42/B bearing his certification at point A. The said record had previously been produced by Nodal Officer, Delhi vide Ex.DW34/C which record had been retrieved from the computer in his possession having a protective password. The certificate under Section 65 B of Evidence Act is Ex.DW42/C bearing his signatures at point A. He has also placed before this court the certified copy of the tower details as reflected in the call details which is Ex.DW42/D bearing his certification at point A. On a query from the court the witness has informed that the range of most of their towers installed at Haryana are one kilometers to eight to nine kilometers. He has explained that it would be evident from Ex.DW34/C that till 10.04.56 the location of the user was at village Mirchpur and at 10.04.57 the location is of the tower of Rakhi Hissar and thereafter the location is again of village Mirchpur tower. He has further deposed that Village Rakhi is situated adjoining village Mirchpur and hence there could be an overlapping of the tower frequency and radius. He has further deposed that at 12.28.08 the location of the user has been shown at village Rajpura and thereafter the location of the user has been shown at Jind from 12.41.32 onwards till 20.58.54. He has proved the details of the towers as mentioned by him in his hand against the last column as per the tower details provided vide Ex.DW42/D.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 407 DW43 Sh. Manjeet Singh Dhillon is the General Manager, Nodal Center, Northern Zone BSNL, Chandigarh since 9.2.2007. He has deposed that except for the record of the telephone number 9416200453 the call details record of the numbers 9416359151 in the name of the customer Sanjay S/o Daya Nand R/o village Mirchpur as per the customer application form Ex.DW43/A; no. 9467090205 in the name of Rajender S/o Satpal as per the customer application form Ex.DW43/B, no. 9467532278 in the name of Jitender Singh S/o Satbir Singh as per customer application form Ex.DW43/C and no. 9416120687 in the name of Vinod S/o Sh. Ram Niwas could not be retrieved being over written. He has deposed that this is despite the efforts made from the agencies such as Tata Consultancy Services who are officially responsible for implementation of the project on behalf of M/s ERICSSON that the said record could not be retried. He has further placed on record the communication from DE (B&CCS) CMTS Nodal Centre in this regard which is Ex.DW43/D and has deposed that the data cannot be technically retrieved being more than one year old. According to the witness, BSNL falls under the Ministry of Telecommunication and are governed by its rules and bylaws. This witness has not been cross- examined by the Ld. Special Public Prosecutor.

DW44 Dr. Sunita Garg was posted as Surgeon at General Hospital, Hissar on 21.04.2010. According to her on that day she had examined the patient Tara Chand S/o Swaroopa, R/o Village Mirchpur, at General Hospital, Hissar at 2:30 PM and on seeing the condition of the patient she urgently referred Tara Chand to PGIMS, Rohtak and her endorsement to this effect is present on Ex.PW52/B at point encircled X1 bearing her signatures. She has deposed that she cannot tell anything St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 408 about the police information Ex.PW64/A since it was not made by her and she also cannot tell whether the patient was immediately sent to PGIMS Rohtak and has voluntarily explained that she can only say that Ex.PW64/A is not a referral slip but is only an information to the police. She has further deposed that she cannot tell whether after her referral the patient was treated in the hospital or not because she had not seen him thereafter but had only given the advice for referral.

In her cross examination by Ld. Special Prosecutor for the victims and by Ld. Special PP for the State witness has clarified that she had only given the advise for referral but did not check thereafter as to whether the patient was immediately shifted to PGIMS Rohtak or not.

Court witness:

CW1 Amar Lal is the son of the deceased Tara Chand who had accompanied his father to the hospital and is a witness to the Dying Declaration of Tara Chand but was not examined by the prosecution. However, his testimony being relevant and essential he was called and examined as a court witness.

On the date of his deposition he was working as clerk at DC Office, Hissar, Govt. of Haryana where he was employed since 1.04.2011. Prior to the same he was doing JBT course 1st year from Jat College, Jind and was residing at village Mirchpur with his family comprising of his parents i.e. Late Sh. Tara Chand, his mother Smt. Kamla Devi, his brothers namely Pradeep and Ravinder and his sister Late Ms. Suman Devi. He has further deposed that he had two other sisters who are already married and staying separately.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 409 According to the witness on 21.04.2010 he was present at village Mirchpur and on that day at about 8 AM he saw about 300-400 persons of the 'J' community had come to their 'B' Basti and were abusing them. They were armed with lathies and were also carrying stones and bricks in rehries and thereafter surrounded the 'B' Basti and started attacking them with stones and bricks. He has further deposed that on seeing this many persons from their 'B' community also came on their roofs and started pelting stones and bricks for defence and they defended themselves for about one hour and in the meanwhile the SHO of the area Inspector Vinod Kajal (accused before this court ) came in the main gali and intervened due to which the fighting and stone pelting which was going on stopped and they all came down from the roofs. According to the witness the accused Vinod Kajal thereafter requested all of them to assemble at the 'B' Chaupal and told them that the persons from the 'J' community would also be called there and he would intervene to get a compromise affected. He has further deposed that thereafter as per the directions of Vinod Kajal he went towards the side of the 'B' Chaupal but before he could reached there and while he was near the house of Nawab S/o Richmal he found that many persons from their community were returning and also saw that their basti had been surrounded by the persons from the 'J' community who started putting fire to their houses. On this he ran towards his house and on the way he met his brother Pradeep and while he was still in the main gali he saw a large crowd was present in front of their house who first set fire to their bike which was kept inside the bethak. According to the witness he had seen Rampal S/o Prithvi and Rajender S/o Pale leading the crowd and others were behind them and thereafter they came to their other adjoining St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 410 house where his father and sister were present inside the house due to fear. He has stated that while Ramphal S/o Prithvi and Kulvinder S/o Ram Mehar sprinkled oil from the cans which they were holding and while Rajender S/o Pale set their house on fire and in the meanwhile the crowd outside was indulging into hurling of abuses/gali galoj, they were hurling caste abuses. He has deposed that when his father and sister came out of the house they were caught by these persons standing outside and oil was sprinkled on them, after which they were pushed inside the house and the door of the house was latched with the help of the kundi (bolt). According to the witness at that time he was in front of the house of Chander Bhan and requesting the crowd not to do such an act but nobody listened to them and during this process he was hit with the stones, one of which hit him on his foot and another on his back due to which reason he backed out and thereafter these persons came out in the main gali and started dancing naked by saying "Ab Inka Kaam Ho Gaya Inka Matam Karo". He has deposed that he saw Vipin S/o Ishwar (not charge sheeted) Kulvinder S/o Ram Mehar, Vikas S/o Sunehra, Rishi and Karampal, both S/o Satbir accompanied many other persons who removed their clothes and danced in the gali in front of their house and after about two minutes went away from the spot. He has further deposed that when these persons went away he noticed that the roof of their house started collapsing and the door of their house also collapsed and his father who was in the front portion of the house ran out and entered the house of Deewan S/o Mathura while his sister was in the back portion of the house and could not be saved and was taken out later on. He has further deposed that meanwhile the police also came to the spot and he along with Ashok Kumar S/o Maha Singh shifted his father St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 411 Tara Chand to the Govt. hospital Hissar. On a query from the court the witness has stated that he did not recollect the exact time but as soon as his father came out of the house within two minutes he and Ashok shifted him to the hospital in a Govt. vehicle and it must be around 12- 12.30 PM at that time since they had reached Hissar at about 1PM. He has also deposed that apart from the above persons whom he had identified there were others as well from same village who had accompanied them. When this witness was asked by this court if he knew the reason for the incident, he respondent saying that he was not aware but had been told that on 19.4.2010 there was some quarrel between Rajender S/o Pale and Yogesh S/o Jai Prakash nephew of Karan Singh. He also stated that on 20.04.2010 also he had seen boys belonging to the 'J' community moving around the village in groups of twenties and thirties armed with lathies but by evening everything had cool down. According to him, statement was recorded by the police on many occasions.

When this witness was shown his statements recorded by the police on 22.04.2010 (two statements), 27.06.2010 and 27.7.2010 which he read himself stating that he was a Graduate and could read and write Hindi and English, he admitted having made the statements dated 22.04.2010 which are already a part of Ex.PW64/E2 (inquest proceedings) which statements are now Ex.CW1/A and CW1/B and also admitted the statement made by him on 27.6.2010 which is now Ex.CW1/C and statement dated 27.7.2010 which is now Ex.CW1/D.

In his cross examination by Ld. Special prosecutor for the victims witness has admitted that Ex.PW64/C which is the dying declaration of his father recorded by SI Bani Singh bears his signatures St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 412 at point C.

In his cross examination by Ld. Defence counsel the witness has admitted his signatures on the affidavit dated 3.11.2010 which is Ex.CW1/DX1 at point X1, X2 and X3 and has denied the said affidavit had been got prepared, typed and attested by him. He has also denied the suggestion that Ex.PW64/C does not bears his signatures at point C and has voluntarily explained that he signed in two different ways and the above exhibit also bear his signatures. The witness has admitted that in his first statement made to the police on 22.4.2010 which are Ex.CW1/A and Ex.CW1/B no names of any assailants have been mentioned by him and has voluntarily stated that he was disturbed at that time because of the death of his father and sister. When the witness was put another undated statement which is Ex.CW1/DX2 he admitted that the same bear his signatures at point X1 but states that the same was not in his handwriting and he had only signed this statement at his village without reading the same. He has further deposed that he did not tell the doctor the name of any of the assailant at the time of admission of his father and has voluntarily stated that he was not asked by the doctor. He has also admitted that he did not mention the names of any assailant to the police when the inquest papers were being prepared and has voluntarily stated that he was very perplexed at that time but states that had told the police that these persons from the 'J' community who had surrounded the 'B' Basti were armed with lathies. When the witness was confronted with the statements Ex.CW1/A to CW1/D this aspect was not found to be specifically mentioned.

According to the witness he had told the Investigating Officer before 27.7.2010 that the SHO had also come to the spot and he St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 413 requested all of them to assemble at the 'B' Chaupal and told them that the persons from the 'J' community will also be called there and he would intervene to get a compromise affected and he had also told the Investigating officer that thereafter he went towards the side of the 'B' Chaupal but before he could reached there and while he was near the house of Nawab S/o Richmal he found that many of the persons from their community were returning and also saw that their basti had been surrounded by the persons from the 'J' community who started putting fire to their houses on which he ran towards his house and on the way he met his brother Pradeep and while he was still in the main gali he saw that large crowd was present in front of their house who first set fire to their bike which was kept inside the bethak. However, when the witness was confronted with his statement Ex.CW1/A to CW1/C this aspect was not found mentioned in the same. Witness has denied the suggestion that for the first time he took the name of Inspector Vinod Kajal and made allegations against him on tutoring by Ved Pal Tawar and the investigating agency at the instance of political leaders.

Witness has further deposed that he had told the investigation officer that while his father and sister were inside the house due to fear, Ramphal S/o Prithvi and Kulvinder S/o Ram Mehar sprinkled oil from the cans which they were holding and while Rajender S/o Pale set their house on fire; that in the meanwhile the crowd outside was indulging into abuses/gali galoj by hurling caste abuses on which his father and sister came out and were caught by these persons standing outside and oil was sprinkled on them, after which they were pushed inside the house and the house was latched with the help of kundi (bolt); that at that time he was in front of the house of Chander Bhan and St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 414 requested the crowd not to do such an act but nobody listened to him and he was hit with the stones, one of which hit him on his foot and another on his back due to which reason he backed out. However, when confronted with the statement Ex.CW1/A and CW1/B these these facts were not found mentioned and when confronted with statement Ex.CW1/C this aspect was found mentioned in a different manner. Witness has denied the suggestion that on 27.6.2010 he had made a false statement to the IO on tutoring of Ved Pal Tawar and under the pressure of political persons.

He has further deposed that he further told the Investigating Officer that thereafter these persons came out in the main gali and started dancing naked by saying "Ab Inka Kaam Ho Gaya Inka Matam Karo" . Vipin S/o Ishwar (not charge sheeted), Kulvinder S/o Ram Mehar, Vikas S/o Sunehra, Rishi and Karampal both sons of Satbir accompanying many other persons removed their clothes and danced in the gali in front of their house and after about two minutes went from the spot. When confronted with statements Ex.CW1/A to CW1/D where this aspect was not found mentioned. Witness has denied the suggestion that he has been tutored and pressurized by some politicians to make a false statement and hence he had made this improvement.

He has further deposed that he is not aware if Rajender is in business of distributing milk and having a dairy and is also unable to tell if Rajender did not supply milk to the 'B' Basti on 20.4.2010 as a result of which a large number of boys belonging to 'B' community being annoyed by the same stopped him in the main gali on 21.4.2010 morning along with Karampal and started assaulting him with dandas. He has further deposed that he cannot tell if Karampal ran away and raised an St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 415 alarm in the village that Rajender was being beaten on which Dinesh came to the main gali to save him and was also assaulted and hit near the eye after which both Rajender and Dinesh were shifted to the hospital by Prem and Karampal and has voluntarily added that he was having a bath at that time and when he came out on hearing the hue and cry he found a large crowd of persons belonging to the 'J' community had gathered and cannot tell what happened prior to that. Witness has stated that after Rajender and Dinesh were taken away the stone pelting had started and has voluntarily added that he did not know what had happened and who took them away but he only saw the stone pelting which was going on. Witness has denied the suggestion that he has deliberately suppressed the earlier incident and was deposing falsely at the instance of Ved Pal Tanwar and under political pressure.

The witness has denied the suggestion that he and his brother were not present in the village at the time of the incident and came later when his father was already present in the house of Deewan Singh after receiving burn injuries and it is for this reason that he does not receive any injury and also does not give any names of the assailants to the police on 22.4.2010. He has however admitted that his brother and his mother did not accompany him to the hospital. Witness has denied the suggestion that they both were not present in the village on that day. Witness has admitted that he is the step son of Smt. Kamla out of the first marriage of Late Sh. Tara Chand and has voluntarily stated that he has two other real sisters and his brothers Ravinder, Pradeep and Suman are his step brothers and sister out of Smt. Kamla.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 416 FINDINGS:

I have heard the oral submissions made before me and also considered the grounds raised by the parties in the memorandum of arguments filed in the court. Before dealing with the merits of the evidence I first propose to deal with the evidence which has come on record individually in a tabulated form in order to have a bird's eye view of the same and later on comprehensively.

 Sr.        Name of the                                Details of deposition
 No.          witness

Public witnesses/ eye witnesses/injured

1. Yogesh Kumar He is a resident of the village Mirchpur and has turned (PW7) hostile both on the incident dated 21.4.2010 and the identity of the accused. He has only deposed that he had seen a large crowd in the street/ gali and was hit with a stone on his leg and therefore feeling scared returned to his house. He has however admitted that on 30.04.2010 he had got his medical conducted from the doctor who had come to the village.

2. Ram Phal (PW8) He is also a resident of the village Mirchpur and has turned hostile on the identity of the accused and also on the incident dated 21.4.2010 and also with regard to his statement made to the police under Section 161 Cr.P.C. which is Ex.PW8/PX1. He has however admitted having received the compensation on the basis of the same.

3. Ms. Bindu (PW9) She is a resident of village Mirchpur and on request of the prosecution examination of this witness was dispensed with.

4. Rajbir (PW10) He is a resident of the village Mirchpur and is not a witness to the incident dated 19.4.2010 and his testimony to this extent is based only on hearsay. With regard to the incident dated 21.4.2010 he has deposed as under:

1. That on 21.04.2010 all the persons from 'J' community got together came to the 'B' Mohalla and there was a marapiti.

2. That the persons belonging to 'J' community came with jellies, lathies, oil containers and started abusing by stating "chooreya nu jala do" which they St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 417 said while using abuses and also started pelted stones on which he went to his house and hid himself.

3. That the persons from 'J' community (around 300-400 persons) also burnt houses of Tara, Dhupa and large number of other persons belonging to the 'B' community.

4. That he received brick injuries on his ankle and his medical was conducted on 30.04.2010 vide MLC Ex.PW59/A.

That he had received a compensation to the tune of Rs.25,000/- from the Government He has identified the accused Rajender S/o Pale by putting his hand on the accused but not by name) but could not identify the accused Petla.

5. Smt. Madho This witness is a resident of the village Mirchpur and has (PW11) turned hostile on the incident dated 21.4.2010 and with regard to her statement made to the police under Section 161 Cr.P.C. which is Ex.PW11/PX1 and also on the identity of the accused.

6 Smt. Murti Devi She is a resident of the village Mirchpur and is the wife (PW12) of the complainant Karan Singh and has not supported the case of the prosecution in respect of the incident dated 21.4.2010 and with regard to her statement made to the police under Section 161 Cr.P.C. which is Ex.PW12/PX1 and the identity of the accused. She has been declared completely hostile.

She has however admitted that she received an injury on her arm as a stone had entered her house. She has also admitted that her medical examination was got conducted on 22.4.2010.

7. Smt. Sunita She is a resident of the village Mirchpur is the wife of Ved (PW13) and her actual name is Kanta and has deposed before this court by impersonating herself as Sunita as evident from her election Identity card which is Ex.PW20/DX1 and has been placed before this court by her mother in law Kela (PW20) who has also identified her as her daughter in law Kanta. It is further observed that she has falsely shown the MLC of her son Sunil aged 10 years as her own MLC. Though in her testimony she has deposed about the incident dated 21.4.2010 and has identified the accused Rajender S/o Pale and Pappu S/o Praye Lal but it has been observed that she has failed to identify Vinod S/o Ram Niwas (the then SHO Police Station Narnaund) despite direct allegations against him. She has however admitted that she received a compensation to the tune of St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 418 Rs.25,000/- from the Government. This court has observed that the witness having impersonated herself as Sunita and hence not being not a reliable witness her testimony being tainted with falsehood is liable to be rejected.

8. Smt. Angoori This witness was paralytic in the left half of her body and (PW14) was brought to the court on a wheel chair and was also blind by one eye(left) and therefore on request of the Ld. Special Public Prosecutor she was not examined and was dropped as their witness.

9. Smt. Krishna She is a resident of the village Mirchpur who has not (PW15) supported the prosecution case and has turned hostile on the aspect of the incident dated 21.4.2010 and also the identity of the accused. She has denied having received any injury in the incident and the compensation for the same and also her statement made to the police under Section 161 Cr.P.C. which is Ex.PW15/PX1.

10. Smt. Ishro (PW16) This witness is a resident of the village Mirchpur and has also declared hostile by the prosecution. She has neither supported the incident dated 19.4.2010 nor the incident dated 21.4.2010 nor her statement made to the police under Section 161 Cr.P.C. She has also turned hostile on the identity of the accused. She has however admitted having received Rs.15 thousand from the government as compensation but has stated that since everybody was receiving the compensation so she also received the same and there was no damage to her property.

11. Smt. Shanti She is a resident of the village Mirchpur and has been (PW17) declared hostile. On the date of her deposition before the court she had come along with the persons belonging to the 'J' community and informed the court that she had even stayed at Delhi (Nangloi) with them over night. She has not supported the case of the prosecution with regard to the incident dated 21.4.2010 and with regard to the identity of the accused and also her statement made to the police Ex.PW17/PX1. She did not receive any injuries nor did she received any compensation from the government.

12. Smt. Chander She is a resident of village Mirchpur and has been (PW18) declared hostile. She has not supported the case of the prosecution with regard to the incident dated 21.4.2010, with regard to the identity of the accused and also with regard to her statement made by the police under Section 161 Cr.P.C. Ex.PW18/PX1. She has however admitted having received injury and also her MLR Ex.PW18/A St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 419 and also having received a compensation to the tune of Rs.25,000/-.

13. Ms. Pooja (PW19) This witness is a resident of village Mirchpur and has been declared hostile. She has not supported the case of the prosecution with regard to the incident dated 21.4.2010 and also with regard to her statement made by the police under Section 161 Cr.P.C. Ex.PW19/PX1 and her MLR Ex.PW19/A. However, it was observed by this court that she was having burns and bandages extending from her right arm till her legs but when examined she stated that she was getting fits for a last number of years. According to her, she had sustained the burn injuries when on one occasion while cooking she got fits and fell over the Chulha/ fire place. She has further admitted having received a compensation to the tune of Rs.1,00,000/- at one time and Rs.10,000/- at another time and states that it was given to her mother since her house had got burnt in the incident dated 21.4.2010. I may observe that these injuries are also not reflected in her MLR.

14. Smt. Kela (PW20) She is a resident of village Mirchpur and is the mother in law of Sunita (PW13). She has turned hostile on the incident dated 19.4.2010 and 21.4.2010, on the identity of the accused and also with regard to her statement made by the police under Section 161 Cr.P.C.

Ex.PW20/PX1. She has however admitted her MLR Ex.PW20/A and states that she had not received any injuries but had only put her thumb impressions on the same on the asking of some lady. She has admitted having received a compensation to the tune of Rs.25,000/- from the government that is Rs.10,000/- at one time and Rs.15,000/- at another occasion.

15. Smt. Sunita She is a resident of village Mirchpur and has been (PW21) declared hostile. She has not supported the case of the prosecution with regard to the incident dated 21.4.2010, with regard to the identity of the accused and also with regard to her statement made by the police under Section 161 Cr.P.C. Ex.PW21/PX1. She has denied having received injury but admits her thumb impressions on her MLR Ex.PW21/A and has explained that some persons from the village had come who had taken her thumb impressions. She has admitted having received a compensation to the tune of Rs.25,000/- from the government that is Rs.15,000/- at one time and Rs.10,000/- at other time.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 420

16. Aman (PW22) He is a resident of village Mirchpur and has turned hostile. He has not supported the case of the prosecution with regard to the incident dated 19.4.2010 and 21.4.2010, with regard to the identity of the accused and also with regard to his statement made by the police under Section 161 Cr.P.C. Ex.PW22/PX1. He has however admitted having received injuries and also his MLR Ex.PW22/A and also having received a compensation to the tune of Rs.1,00,000/- because his house had got burnt and has explained that he received the injuries on 19.4.2010 evening when he tripped and fell in the main gali.

17. Satbir (PW23) He is a resident of village Mirchpur and has turned hostile on the incident dated 21.4.2010, on the identity of the accused and also with regard to his statement made by the police under Section 161 Cr.P.C.

Ex.PW23/PX1. He has admitted his MLR Ex.PW23/A and also having received a compensation to the tune of Rs.25,000/- and four kattas of wheat and has denied that the compensation was on account of the injuries received by him by explaining that entire 'B' Mohalla had received the same.

18. Suresh (PW24) He is a formal witness who is the nephew of the deceased Tara Chand. He has proved that on receipt of telephonic from Amar Lal S/o Tara Chand he had gone to Civil Hospital Hissar where he reached on 22.04.2010 at about 10 AM and identified the dead body of Tara Chand and his daughter Suman vide Ex.PW24/A and received the dead bodies vide receipt Ex.PW24/B.

19. Sushil (PW25) He is a resident of village Mirchpur and has partly supported the case of the prosecution. In so far as the incident dated 19.4.2010 he is not an eye witness to the incident and has deposed on the basis of hearsay. However, he has specifically deposed with regard to the incident dated 21.4.2010 wherein he has identified the accused Rajender S/o Pale, Ramphal S/o Prithi, Bobal S/o Teka and Nanha S/o Mai Chand and Satta. In respect of the incident dated 21.4.2010 he has highlighted the following aspects:

1. That on 21.4.2010 at about 11:30 AM a large number of persons belonging to 'J' community around 350 in number started burning houses in the main gali i.e. bichly gali/ main gali.

2. That the persons belonging to 'J' community burnt houses of Sanjay S/o Banney Singh, Rajender S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 421 Mahender, Manoj S/o Mahender.

3. That the persons belonging to 'J' community were carrying oil cans, gandase and jellies in their hands and were working the houses belonging to the 'B' community and started pelting stones and surrounded/ gheraoed the 'B' Basti.

4. That they also burnt the house of Tara Chand where Tara Chand and his daughter Suman were burnt to death in the fire and they also did torphor in the basti and the houses which were situated near the water tank near the house of Gulab Singh were all burnt.

5. That he could identify some of these boys who were residents of village Mirchpur amongst whom they are Ramphal S/o Prithi, Bobal S/o Teka and Nanha S/o Mahi Chand.

The witness has identified Rajender S/o Pale and Satta whose father's name he is unable to tell, by putting his hand on them as the persons who were mainly responsible for the incident.

1. He has also identified Ramphal and Rajbir S/o Mahi Chand, who is known as Nanha in the village.

2. The witness has further identified Bobal @ Langra as the same person who was bringing out the house hold articles like TV, fridge etc. and damaging/ breaking them.

3. That Ramphal had removed his clothes and started dancing in front of ladies totally naked.

4. That Nanha (i.e. accused Rajbir S/o Mah Chand) was present along with Ramphal in the torphor and dancing.

5. That he had received injuries in this incident and his medical was conducted on 30.4.2010 in the village itself at the water tank vide MLC Ex.PW25/A.

6. That his household articles were also damaged and his TV, fridge, chairs, bed, container of grains were all damaged.

7. That his Godreg almirah was opened and cash and jewelery articles were taken and his mobile phone was also taken by them.

8. That it was the accused Bobal who had come to his house along with other boys whom he is unable to identify at present, who had come to his house and damaged the property and looted it.

9. That he had received a total compensation for a sum of Rs.15,000/- only and his statement was recorded by the police but he is unable to tell the date.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 422

20. Raju (PW26) He is a resident of village Mirchpur and has been declared hostile. He has not supported the case of the prosecution with regard to the incident dated 21.4.2010 and on identity of the accused and also with regard to his statement made by the police under Section 161 Cr.P.C. Ex.PW26/PX1 dated 30.4.2010. He has however admitted his medical conducted vide MLR Ex.PW26/A on 30.4.2010 bearing his signatures at point A and also having received a compensation to the tune of Rs.25,000/-.

21. Ravi (PW27) He is a resident of village Mirchpur and has been declared hostile. He has not supported the case of the prosecution with regard to the incident dated 21.4.2010 and also with regard to his statement made by the police under Section 161 Cr.P.C. Ex.PW27/PX1 dated 30.4.2010. He has however admitted his medical conducted vide MLR Ex.PW27/A on 30.4.2010.

22. Sandeep (PW28) He is a resident of village Mirchpur and has supported the case of the prosecution with regard to the incident dated 21.4.2010 but has turned partly hostile on the identity of the accused. He has only identified the accused Anil S/o Prem Singh and Amir S/o Tara Chand and has deposed as under:

1. That on 21.04.2010 he was at his house, when 300-

400 persons belonging to the 'J' community came to the 'B' Mohalla where his house is situated and had brought stones in a rehri and had also brought containers of oil.

2. That the persons belonging to 'J' community started burning the houses of the members of 'B' community in the mohalla and the first house which was set on fire belonged to his brother Sanjay.

3. That the boys were also carrying lathies, gandases etc. and all of them gathered in the middle of the 'B' Mohalla where there house is also situated.

4. That they all were scared and apprehensive and he had gone on the roof of his house where he saw that these boys belonging to the 'J' community were indulging into arson (putting fire to houses), looting and some of them were dancing naked.

5. That he had received injuries on his chest as he was hit with a brick and his medical was conducted after 5-7 days of the incident at Hissar hospital vide MLC Ex.PW28/A.

6. That Police might have made some inquires from him but he does not recollect if his statement was also St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 423 recorded.

The witness has specifically identified accused Anil S/o Prem Singh and Amir S/o Tara Chand though he was unable to tell their names but has identified as the persons who were setting houses on fire.

23 Dhoop Singh He is a resident of village Mirchpur and has supported (PW29) the case of the prosecution in respect of the incident dated 21.4.2010 and identified Sanjay S/o Daya Nand, Jogal S/o Hawa Singh and Bobal S/o Tek Chand and has deposed as under:

1. That on 21.4.2010 morning the persons from the 'J' community created a rolla/ jhagra near the 'B' Mohalla and initially the boys slapped one or two persons who backed out and thereafter more than 400 persons including ladies belonging to 'J' community came along with buggies filled with stones, bricks, cans filled with oil and tried to enter inside the 'B' Mohalla which was not permitted by the 'B' so they started pelted stones and surrounded the entire 'B' Mohalla and started burning houses belonging to persons of 'B' community.

2. That he was lying down at his shop when he heard loud voices/ rukka pukar and when he came out, he saw that four boys i.e. accused Ramphal S/o Prithvi, Sanjay S/o Daya Nand, Jogal S/o Hawa Singh, Bobal S/o Tek Chand entering into his house by breaking the gate/door of the compound.

3. That one of these boys i.e. accused Ramphal S/o Prithvi gave a lathi blow on his left arm as a result of which he received fracture.

4. That Sanjay S/o Daya Chand gave a danda blow on his left leg and the other two boys broke the cemented water tank and they set fire on all his four shops where his articles were burnt including his record/ behi khata containing details of the credit transaction.

5. That the fire from his shop also spread to his house and his entire house was burnt.

6. That his family members had run away and a large number of persons also came who were setting fire to various houses and they broke the locks of his peti/ trunk containing money which was kept in the house and removed the cash which was almost to the tune of Rs 10 thousand.

7. That in the meantime at around 11 AM a government vehicle came and removed him to the hospital along St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 424 with daughter of Tara who had got burnt, Raj Kumar S/o Kapoora.

8. That they all three were first taken to a hospital at Hansi where they were given first aid and bandage were put on his arm, later he was taken to hospital at Hissar.

9. That he was medically examined vide his MLR Ex.PW29/A and states that he could not put his thumb impression on the MLR because of injuries.

10. That he had initially received a compensation of Rs.1,25,000/- when he was admitted in the Hissar hospital and later again received a compensation of Rs.1,15,000/-.

11. That the dispute had arisen between the boys belonging to the 'J' community and Karan Singh on 19.04.2010 and not on 20th and it was in the evening hours of 19.04.2010 when the dispute took place but it was on 20.10.2010 that Karan Singh had made a complaint to the police.

12. That the dispute of 19.04.2010 was between Rajender S/o Pale and sons of Karan Singh.

13. That Raj Kumar S/o Kapoora, Sandeep S/o Raj Kumar, Gulab Singh Chowkidar, Maharjan S/o Satpal and other persons belonging to the 'B' community had also received injuries.

14. That apart from Suman, her father Tara Chand had also expired on account of the arson as his house has burnt.

The witness has correctly identified the accused Sanjay S/o Daya Nand, Jogal S/o Hawa Singh and Bobal S/o Tek Chand in the court as the boys who had entered his house but he has turned hostile on the identity of the accused Ram Phal S/o Prithvi and states that the accused Ram Phal who has been arrested is not the same Ram Phal who had inflicted injuries to him.

24. Santra (PW30) She is a resident of village Mirchpur and is not an eye witness to the incident dated 19.4.2010 and states that she was at her relative's house on 19.4.2010 and returned in the afternoon of 21.4.2010 and saw the incident. She claims herself to be an eye witness and has identified the accused Ramphal S/o Prithvi, Ved Pal S/o Dayanand, Ramesh S/o Dalip Singh, Bijender S/o Hoshiar Singh, Rajender S/o Pale, Pradeep S/o Rampahl, Roshi S/o Satbir, Pradeep S/o Satbir, Rajender S/o Sadhu Ram and Jagdish @ Jangla S/o Lehna Ram. She has denied that police had ever recorded her statement under Section St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 425 161 Cr.P.C. She admits having received injuries and states that she had fallen down and received injuries and was treated in the village when the medical team had come and her MLR is Ex.PW30/A. The aspects on which she has deposed are as under:

1. That the dispute between the persons from the 'B' and 'J' community arose on 21.4.2010 after a rumor spread in the village that son of Pale had either been killed or abducted by the 'B' on which the persons from the 'B' community were attacked and there was stone pelting on them.

2. That the persons from 'J' community brought cans of oil and started burning the houses of persons belonging to the 'B' community and the house of Tara Chand was first set on fire and wherein both Tara Chand and his daughter Suman were burnt to death.

3. That she saw this incident and also saw that it was the son of Pale who started this incident when the house of Tara Chand was set on fire and other persons joined him.

4. That she had fallen down because of the stone pelting and received injuries for which she was treated in the village when the medical team had come and her MLC is Ex.PW30/A.

5. That the accused Ram Phal S/o Prithvi was the boy who had the oil container and was setting houses on fire.

6. That the accused Ved Pal S/o Sh. Daya Nand was the boy who had jellie gandase and was indulging into stone pelting.

7. That accused Ramesh S/o Dalip Singh who is known as Gardulla in the village was the person who was carrying lathi and was also indulging into stone pelting.

8. That accused Bijender S/o Hoshiar Singh was the person who was indulging into stone pelting.

9. That accused Rajender S/o Pale was the person who was carrying oil and had set the houses of persons of 'B' community on fire while others were indulging into stone pelting and dance naked before the girls of the village belonging to the 'B' community.

10. That accused Pardeep S/o Ramphal was the person who was dancing naked before the ladies of the 'B' community.

11. That accused Rishi S/o Satbir was the person who was carrying lathi and jellies in his hand and was throwing stones.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 426

12. That accused Pardeep S/o Satbir was the person who was in the front and was entering the houses of the persons of the 'B' community by jumping the walls and shouting "utha leye dedo ki ladkiya ne inko gaon se kada gae" and after entering their houses he was pulling the girls belonging to the 'B' outside.

13. That accused Rajender S/o Sadhu Ram was pelting stones.

14. That accused Jagdish @ Jagla S/o Lehna Ram who is also known as Fauji in the village and his father is known as Tara was the person who had stated "maro in dedya ne bhanjod ne kutya ne" was carrying jellie and had indulged into stone pelting and also into beating with jellie.

25. Abhishek (PW31) He is a resident of village Mirchpur and is a child witness aged about 10 years who has only proved the incident dated 21.4.2010 but has turned hostile on the identity of the accused. He has deposed as under:

1. That there was a quarrel in the village when persons belonging to 'J' community were armed with lathis and weapons came towards their basti and made caste based abuses and pelted stones after which they set the houses on fire.

2. That there was a stone pelting when one stone hit on the left side of his head above the temple.

3. That persons from the 'J' community set one house on house as well as his house after which his father took him to the house of his grandfather which is situated at a little distance from his house.

4. That he had received a compensation to the tune of Rs.25,000/-.

5. That he could not identify any of the assailant nor he had name any of the accused in his statement given to the police.

26. Sheela (PW32) She is a resident of village Mirchpur and was employed as Safai Karamchari at Government Girls School, Mirchpur and has only deposed with regard to incident dated 21.4.2010 and has identified Rajender S/o Pale and Kulwinder S/o Ram Mehar. She has deposed as under:

1. That on 19th of last year almost eleven months back there was a quarrel/rolla on a she-dog belonging to Karan Singh and the persons from the 'J' community called Karan Singh and Veer Bhan in the village in their mohalla and were beaten.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 427

2. That on 20th the dispute had almost died down but on 21st again there was a rolla in the morning and first there was stone pelting by persons from the 'J' community and thereafter the children/boys belonging to the 'J' community came to their 'B' Mohalla and set fire to the houses of Tara Chand, Sube Singh, Sanjay and thereafter one by one to all the houses of 'B' which were situated on the outer side of the 'B' Mohalla.

3. That they did not enter inside the 'B' Mohalla but set the houses of 'B' situated on the outer side of the mohalla and Tara Chand and Suman expired due to burns.

4. That she had come back from the school where she was working as Safai Karmachari and had sustained brick injury on her knee.

5. That her aged parents were alone at home along with her children when this tor phor was going on and she tried to hide herself and could reach her house much later.

6. That Tara Chand who had got burnt had come to her house for shelter and it was their neighbours who brought her parents out of the house even before she reached there and she had seen Rajender S/o son of Pale indulging into arson who had set the house of Tara Chand on fire and was setting other house on fire.

7. That she had seen Kulwinder S/o Ram Mehar who had broken the door of her house and come inside and broken her water tank and damage her property.

8. That her medical was conducted after a number of days of incident in village Mirchpur vide MLR Ex.PW32/A.

9. That she had received a sum of Rs.10 thousand as compensation.

10. That Rajender S/o Pale is doing the job of sale of milk and on 20.4.2010 Rajender did not supply milk to the 'B' and on 21.4.2010 when Gulaba Chowkidar had gone to Rajender for fetching milk he was beaten. I may observe that this witness is working as a Safai Karamchari in a school and remains on duty from 8 AM to 2 PM. It is not her case that she was on leave on the date of the incident that is 21.4.2010 and hence the presumption that she returned to the village only later. Though the witness has tried to explain that she normally comes back early after orally informing the Principal of her school but there is no independent corroboration to St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 428 her statement to prove the same. Though the possibility of the witness returning early after coming to know of the incident in the village cannot be ruled out yet the Rule of Prudence requires that her statement should be read with due care and caution and independent corroboration would be required.

27. Rani (PW33) She is a resident of village Mirchpur and is the wife of Sanjay (PW44). She is not an eye witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay. In respect of the incident dated 21.4.2010 she claims to be an eye witness and has duly identified the accused Karambir S/o Tara Chand, Rajender S/o Dhoop Singh, Balwan S/o Inder and Rajender S/o Pale as assailants. The main aspects on which she has deposed are as under:

1. That on 21.4.2010 there was a quarrel and initially there was mar pitai and then persons from the 'J' community brought jellies, gandases, lathies and brought stones and brick in a rehri to the 'B' Mohalla, through the main gali.

2. That thereafter they set about 20-25 houses belonging to the members of 'B' community on fire amongst which the houses of Satey, Tara, Dhupa, Mahender were also set on fire.

3. That Suman D/o Tara and Tara himself were burnt alive.

4. That the persons from the 'J' community entered their houses and threw the house hold articles out of the houses and damaged them.

5. That she was going to attend the call of nature and was pregnant at that time and out of fear she started running away on which she fell down.

6. That she received injuries on her head and also on her knees and was medically examined vide MLC Ex.PW33/A.

7. That she was given a compensation of Rs.25 thousand by the government.

8. That she has identified the accused Karambir S/o Tara Chand and accused Balwan S/o Inder as the persons who were having lathi in their hands ("ye lathi lekar peche par rahe thei"); accused Rajender S/o Dhoop Singh as the person who was indulging into stone and brick pelting; accused Rajender S/o Pale as the person who was throwing bricks and it was this accused (Rajender S/o Pale) from whom she was trying to save herself as he was running after her with bricks in which process she fell down.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 429

28. Raj Kumar He is a resident of village Mirchpur. He is not an eye (PW34) witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay. He has also turned hostile on the aspect of incident dated 21.4.2010 and on the identity of the accused. He has also not admitted his statement made to the police under Section 161 Cr.P.C. which is Ex.PW34/PX1. He has however admitted his MLR Ex.PW34/A and having received a compensation to the tune of Rs.25,000/- from the government.

29. Ashok (PW35) He is a resident of village Mirchpur. He is not an eye witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay. In respect of the incident dated 21.4.2010 he has supported the incident but has turned hostile on the identity of the accused and also on the role of the SHO Vinod Kumar. He has also not admitted his statement made to the police under Section 161 Cr.P.C. which is Ex.PW35/PX1. He has however admitted his MLR Ex.PW35/A and having received a compensation to the tune of Rs.25,000/- from the government. He has deposed as under:

1. That on 20.04.2010 he went to Jind where he used to work in a printing press and at about 8-8:30 PM he received a telephone call from his brother Amar informing that there was a dispute between the persons from the 'J' community and the 'B' community and therefore he should avoid coming on that day and come on the next day.

2. That despite this warning by his brother, he came back to the village Mirchpur but did not see any dispute.

3. That on 21.04.2010 at about 10-10:30 AM about 300-

400 persons belonging to the 'J' community came towards the 'B' Basti and he heard the voices coming from them that "Jala do, aag lago do dheda ne" and thereafter they started pelting stones.

4. That he was with his father at his house which was situated in the middle of the 'B' Mohalla on the corner of the main gali and about 40-50 stones were thrown towards his house and that he was also hit on his legs and back.

5. That first of all there were stone pelting then they (persons from 'J' community) started setting the houses of the members of 'B' community situated on the outer side of the main gali on fire and thereafter all the persons belonging to the 'B' community got scared and started running towards their houses to St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 430 save their children.

6. That he could not see any of the persons as they were in muffled faces.

7. That he was given medical treatment after about 10- 15 days at Hissar vide MLC dated 02.05.2010 which is Ex.PW35/A.

8. That he had received a compensation to a tune of Rs.25,000/- from the government for the injuries received by him.

30. Sanjay (PW36) He is a resident of village Mirchpur and is the husband of Rani (PW33) and had received no injuries in the incident dated 21.4.2010. Though he claims that he is a Mason by profession but has admitted his involvement in criminal cases at district Jind regarding pick pocketing and sale of illicit liquor. Keeping in view his background his testimony is required to be weighed with caution. He is not an eye witness to the incident dated 19.4.2010 not being present in the village and his testimony is based on hearsay. In respect of the incident dated 21.4.2010 he has deposed on the following aspects:

1. That on the 21.4.2010 there was rolla/ dispute in the village at about 9-10 AM resulting into stone pelting.

2. That the boys belonging to 'J' community first assembled in their Chaupal i.e. the 'J' Chaupal where they were scheming and thereafter they surrounded the 'B' Basti and thereafter started pelting stones and arson where they burn houses belonging to the 'B' in the basti.

3. That first of all they (persons belonging to 'J' community) burnt the house of Tara where his daughter Suman was burnt to death and Tara himself was burnt.

4. That thereafter they (persons belonging to 'J' community) had burnt the house of Satta, Sube Singh, Pala Ram, Chander, Dhoop Singh, Rajmal.

5. That police was present there when the houses were being burn but despite request to restrain these boys and stop them all the police men ran away towards the water tank.

6. That he received a brick injury on his shoulder on the back side and on the collar bone and his wife who was pregnant and was coming back after attending the call of nature, when she started to run on seeing the incident and fell down and received injuries.

7. That he immediately took his children and went to the roof of the house of Veer Bhan to save themselves St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 431 from where he saw that thereafter these boys from from the 'J' community damaging the property and house hold articles (tor phor).

8. That on the next day he along with his family went to Jind to his father's house and returned after about 10- 15 days.

9. That on the next day of the incident his medical was also conducted in the village vide MLC Ex.PW36/A.

10. That on the same day police made inquiries from him and he told them what had happened.

11. That he had also received a compensation from the government and initially Rs.50,000/- which was collectively for him, his wife and other family members and thereafter he received another sum of Rs.25,000/-.

12. That he identified the accused Rajender S/o Pale as the person who had set the houses on the fire;

accused Rishi S/o Satbir as the person who had set the houses on fire; accused Jugal (Jogal @ Dogar S/o Hawa Singh) as the person who was indulging into stone pelting and damaging household articles and properties by entering the houses; accused Anil @ Neel S/o Prem who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; accused Pardeep S/o Jaibir as the person who was indulging into stone pelting and damaging house hold articles and properties by entering the houses; accused Dharmveer @ Fauji S/o Tara as the person who was indulging into burning of houses; accused Balwan S/o Jai Lal as the person who was having jellie, gandases and lathi and was indulging into beating persons from the 'B' community under the influence of alcohol; accused Sunil S/o Jaibir Singh as the person who was indulging into stone pelting; accused Rajbir @ Nanha S/o Mahi Chand as the person who was indulging into stone pelting and damaging household articles and properties by entering the houses; accused Roopesh S/o Tek Ram as the person who was indulging into stone pelting and damaging household articles and properties by entering the houses; accused Daya S/o Ajeet as the person who was indulging into burning of houses of the members of 'B' community; accused Sanjay @ Handa S/o Daya Nand as the person who had entered the house of Dhoop Singh and broken his arm and thereafter burnt his house; accused Sattey S/o Karan Singh as St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 432 the person who was indulging into stone pelting and damaging household articles and properties by entering the houses; accused Jasbir @ Leelu S/o Raja Ram as the person who was having a lathi in his hand and was first indulging into stone pelting and then was roaming around in the galies with lathi in his hand while they had climbed on their roofs;

accused Pardeep S/o Satbir as the person who was indulging into stone pelting and was having a lathi in his hand; accused Baljeet S/o Inder who was having jellie in his hand and was running towards him and other persons from the 'B' community when he ran to his roof out of fear; accused Satyawan S/o Rajender as the person who was indulging into stone pelting; accused Bobal S/o Tek Ram as the person who was intoxicated after consuming alcohol and was roaming around with other boys of the 'J' community who were indulging into stone pelting, arson and burning of houses etc; accused Dharmavir @ Illa S/o Mai Chand as the person who was indulging into stone pelting and damaging household articles and properties by entering the houses; accused Rajender S/o Belu Ram as the person who was indulging into stone pelting; accused Kulwinder S/o Shri Ram Mehar as the person who was indulging into stone pelting and accused Karampal S/o Satbir as the person who was indulging into stone pelting.

31. Meena Kumar He is a resident of village Mirchpur and claims to be an (PW37) eye witness to both the incidents dated 19.4.2010 and 21.4.2010 and has duly identified the accused Rajender S/o Pale, Dharamvir @ Illa S/o Mahi Chand, Satey S/o Karan Singh and Rajbir @ Nanhe S/o Mahi Chand.

He has deposed as under:

1. That on 19.04.2010 some boys from the 'J' community were passing in front of the house of Karan Singh being under the influence of alcohol on which the she-dog of Karan Singh started barking at them on which these boys threw a dalla/ brick on her which entered the house of Karan Singh to which the son of Karan Singh objected.

2. That this dispute was between the son of Pale whose name he is not aware and there was a quarrel.

3. That after some time Karan Singh and Veer Bhan were called in front of the house of Pale by these persons belonging to the 'J' community where they (Karan Singh and Veer Bhan) were beaten when they St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 433 received injuries due to which they had to be hospitalized at Hansi.

4. That on 20.04.2010 they came to know in the village that these boys from the 'J' community would again commit some problem due to which reason they called Karan Singh and Veer Bhan back to the village.

5. That on 21.04.2010 at about 9-10 AM he was standing at the main gali when he saw about 400-500 persons belonging to the 'J' community came from the side of the 'J' Chaupal and came towards 'B' Mohalla in large number and were armed with jellies, gandases, a rehri/ boogie containing bricks and stones and with cans of oil.

6. That the persons from the 'J' community surrounded the 'B' Mohalla from all the four sides and started setting the houses of persons belonging to 'B' community on fire.

7. That firstly they put fire to the house of Satyawan Fauji and thereafter to the houses of Mahender, Tara Chand, Gulab Singh and both his sons, Dhoopa, Chander, Pale Ram, Rajender, Manohar and others.

8. That when the house of Tara Chand was set on fire his daughter Suman and Tara Chand who were both inside the house sustained burns and while Suman expired at the spot Tara Chand expired later.

9. That there was stone pelting from all the sides directed towards the houses belonging to the members of 'B' community and some of these boys started dancing naked and at that time he was standing in the main gali then he was hit with a brick on his back side towards the right shoulder on which he entered his house which is also situated in the main gali.

10. That his medical examination was conducted after about a week vide MLC Ex.PW37/A.

11. That he had received a compensation for a sum of Rs.25,000/- from the government for the injuries which he had received.

12. That from the crowd he could recognize Illa S/o Mahi Chand who was having a lathi in his hand and was attacking on the 'B' community and was also indulging into stone pelting; Nanha S/o Mahi Chand who was indulging into stone pelting and was having a lathi in his hand with which he was attacking persons of 'B' community; Rajender S/o Pale who was first indulging into burning houses of 'B' and thereafter indulging into stone pelting and Satey S/o St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 434 Karan Singh who initially was burning houses belonging to 'B' community and thereafter indulging into stone pelting.

In respect of the incident dated 19.4.2010 and 20.4.2010 the witness has for the first time made a statement in this regard in the court which is in total improvement over his statement made to the police Ex.PW37/DX1 and in so far as the incident dated 21.4.2010 is concerned he has mentioned about this incident in his statement to the police but has deposed in a different manner in the court.

32. Mahajan (PW38) He is a resident of village Mirchpur and claims himself to be the witness of incidents dated 19.4.2010, 20.4.2010 and 21.4.2010 and has deposed as under:

1. That on 19.4.2010 there was a dispute on she-dog of Karan Singh and that it was around 9-9:30 PM when some boys belonging to the 'J' community one of whom was Rajender S/o Pale who were intoxicated came in a drunken state and were passing in front of the house of Karan Singh whose she-dog was lying on the road.

2. That they (boys belonging to 'J' community) hit the she-dog with a dalla,when a portion of the"dalla" hit the dog and the other portion entered the house of Karan Singh on which Karan Singh protested.

3. That these boys said "abhi to kutiya ne mara hai dalla, tumko bhi marenge" on which there was a dispute after which the said boys went back and after some time one boy whom he has identified as Ajeet S/o Sukhbir belonging to the 'J' community came and called Veer Bhan and Karan Singh and took them to the house of Pale on the pretext of a settlement/ compromise where they beat up Veer Bhan and Karan Singh on which Veer Bhan received injuries on his head whereas Karan Singh was hit with a lathi and when they came back to their houses they were in the injured condition and hence went to the hospital but he was not sure whether they went to Hissar or Hansi.

4. That on the next day i.e. 20th there was a talk in the village by the boys belonging to the 'J' community when they were going around the village threatening that they would burn the houses of the "chooras" and would throw them out of the village "choora ne kada ge, choora ne ghara ne aag lageye gai" and on hearing this Veer Bhan who was in the hospital came back to the village.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 435

5. That on 21st i.e. the next day in the morning at about 9-9:30 AM Rajender S/o Pale passed through the main gali in his boogie while he was coming back from his fields and threatened some of the boys sitting in the gali who were from the 'B' community saying that "abhi dekhege tare ko, ektha ho kar angeye, aag lanageye".

6. That after about half an hour about 500-600 persons all from the 'J' community came to the 'B' Mohalla in the main gali and were having stones, bricks, lathies, containers of oil in their hands and started stone pelting on the 'B' of the village and started burning the houses of the persons belonging to the 'B' community and they first burnt the house of Mahender, then they burnt the houses of Sanjay, Tara Chand, Gulabo, Dhoopa, Chander, Ram Phal, Ram Niwas, Pala, Satta all belonging to the 'B' community.

7. That they also did "mar pitai" to many persons from 'B' community and also committed "loot pat, tor phor".

8. That in this Tara and his daughter Suman lost their lives and they were burnt.

9. That he also got sustained injuries on his forehead as he was hit with a brick when he was standing in the main gali where he was trying to save himself and that on receiving the injuries he immediately ran to his house where he remained till such time the police brought him out and took him to the hospital at Narnaund for treatment and thereafter to the Hissar vide MLC Ex.PW38/A.

10. That the police had come after two hours and he had received a compensation to the tune of Rs.25,000/- on one occasion and Rs.10,000/- a few days for his injuries.

11. That some of these boys from the 'J' community had also come to his house and indulged into tor phor/damaged his property whose name he could tell but he could identify them.

12. That police had come to him and made inquires after two to three days of the incident and he had also told them that he could identify the boys involved in the incident and had told their names but he is not aware whether they had recorded their names or not.

13. That the accused Dharambir @ Illa S/o Mai Chand was indulging into stone pelting and tor phor/damage to property; accused Jugal @ Doggar S/o Hawa Singh was indulging into tor phor/damage the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 436 property; accused Baljeet S/o Inder was indulging into arson and burning houses belonging to the members of 'B' community; accused Sattu @ Satish S/o Randhir Singh who had entered into his house and also indulged into loot pat/ looting the property; accused Kulvinder S/o Ram Mehar was indulging into arson and burning the houses belonging to the members of 'B' community; accused Monu S/o Suresh was indulging into stone pelting; accused Rupesh S/o Tek Ram was indulging into burning houses belonging to the members of 'B' community along with the accused Kulvinder; accused Ajeet S/o Sukhbir Singh had called Veer Bhan and taken him to the house of Pale on 19.04.2010 but says that he did not see him at the time of incident dated 21.04.2010; accused Jasbir @ Lillu S/o Raja Ram was indulging into beating persons from the 'B' community with a lathi; accused Rajender S/o Pale was indulging into burning the houses belonging to the members of 'B' community and was involved in the incident dated 19.04.2010 and the accused Deepak S/o Krishan Kumar was indulging into burning of houses belonging to the members of 'B' community.

I may observe that this witness has improved upon his statement made to the police Ex.PW38/PX1 to the extent that Veer Bhan had received injuries on 19.4.2010 and had to be hospitalized and further with regard to incident dated 20.4.2010 to the extent that the boys from the 'J' community were moving about in the village threatening that they would burn the houses of the chooras and throw them out of the village (choora ne kada ge, choora ne gharan ne aag lagayenge) or that boys from the 'J' community had looted the household articles from his house.

33. Sube Singh He is a resident of village Mirchpur. He is not an eye (PW39) witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay. In respect of the incident dated 21.4.2010 he has deposed as under:

1. That on 20.04.2010 both Karan Singh and Veer Bhan were brought back from the hospital so that the disputes be amicably settled and on 21.04.2010 at about 10-11 AM all the persons of the 'J' community residing in the village got together in their Chaupal and from there they carried lathies, jellies, dandas, gandases and came to their ('B') basti where they St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 437 started shouting "choorya ne dedha ne phook do, mar do" .

2. That thereafter they (persons from the 'J' community) started setting the houses belonging to the members of 'B' community on fire and he was at that time sitting in his house when he saw that lot of houses were being put on fire and first his house was set on fire.

3. That he left his house and in order to save himself he climbed on the roof of the house of Tara from where he saw that his house was being put on fire, after which they came towards the house of Tara to set it on fire and in order to save himself he went to the adjoining house of Tara towards the chabutra (room on the roof) from where he saw that the adjoining house of Tara was put on fire, where Tara and his daughter Suman were burnt to death.

4. That thereafter 10-12 of those boys came to him on the roof as the kunda was opened and started kicking the door of the room where he was hiding and broke the latches and picked up the empty cylinder from the room and threw it on the ground and thereafter sprinkled oil.

5. That he pleaded them with folded hands to spare him as he was an old man when one of the boys from the group asked the others to leave him saying "dada bath jayo".

6. That thereafter they (persons from the 'J' community) all left by bolting him in the room from outside and went a head to set the other houses in the same lane on fire.

7. That they (persons from the 'J' community) were also indulging into stone pelting due to which his other children went into hiding at other places but he did not receive any injuries.

8. That he could recognize many of these boys whom he had seen and had come to his house, he remember seeing the son of Ram Mehar who is commonly known as Baniya in the village, Karambir, Son of Hoshiyara called as Handa in the village, Rajender S/o Pale amongst others.

9. That he identified the accused Karam Veer S/o Tara Chand as the person who had come into his house and set it on fire; accused Ramesh S/o Dalip Singh who was indulging into stone pelting and burning of houses; accused Kulwinder S/o Ram Mehar who is commonly called as baniya in the village who was St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 438 indulging into stone pelting and burning of houses and damage to the property by breaking TV sets of his house and also of the other houses and accused Rajender S/o Pale as the person who was indulging into burning of houses.

I may observe that this witness is an old man of seventy years who had got his eyes operated for Cataract just a month prior to the incident a fact which is established from the photograph Ex.PW3/A-40.

34. Vijender (PW40) He is a resident of village Mirchpur. He is not an eye witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay. In respect of the incident dated 20.4.2010 and 21.4.2010 he has deposed as under:

1. That on 20.04.2010 there was a talk of compromise in the village between the two communities and therefore Karan Singh and Veer Bhan were called back from the hospital and on that day all these boys of the 'J' community were consuming alcohol while sitting at the water tank.

2. That on 21.04.2010 at about 9 to 10 AM about 700-

800 persons from the 'J' community armed with bricks and gandases came and started setting the houses of 'B' on fire.

3. That they (persons from the 'J' community) first set the house of Sanjay on fire and thereafter set the house of Tara Chand on fire in which Tara and his daughter Suman were burnt on which they all got scared and climbed the roofs of their houses and when he was standing on his roof he sustained a brick injury on his foot.

4. That these boys armed with gandases thereafter started hitting persons from the 'B' community and some of these boys from the 'J' community started dancing naked while others were indulging into arson and stone pelting.

5. That these boys (belonging to the 'J' community) entered his house and started breaking his household articles and damaged his cots, chairs, tables, containers of grains, color TV.

6. That he had seen these boys and he could identify them and he had seen Bobbal @ Langra, Illa S/o Mahi Chand who had both entered his house whom he saw from the roof.

7. That he had told the doctors who had come to the village on 21.04.2010 that he had sustained brick injuries but they did not treat him.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 439

8. That he had received a sum of Rs.10,000/- from the government on one occasion and Rs.15,000/- on other occasion as compensation.

9. That he has identified the accused Jogal @ Dogar S/o Hawa Singh as the person who was setting the houses on fire; accused Daya @ Chinni S/o Ajeet as the person who was having jellie in his hand and was attacking persons of 'B' community; accused Dharambir @ Illa S/o Mahi Chand as the person who was having oil containers in his hand and sprinkling the same on houses; accused Bobbal @ Langra S/o Tek Ram as the person who was having stones and bricks in his hand and throwing the same on them ('B') and was also exhorting saying "choora ne dodya ne mar do phook do"; accused Satish @ Sattu Singh S/o Randhir as the person who was indulging into stone pelting; accused Ajeet S/o Dalip as the person who was having a lathi in his hand and was running and beating the 'B'; accused Ram Phal @ Petla S/o Prithvi Singh as the person who was indulging into burning houses belonging to the members of 'B' community; accused Ramphal who had set the house of Tara on fire; accused Rajesh S/o Dhoop Singh as the person who was having a gandase in his hand and running after the members of the 'B' community stating "maro inhe" and the accused Rajender S/o Pale who according to him is the main person due to whom the dispute arose in the village and was one of the boy who had set the house of Tara Chand on fire.

35. Smt. Sunita This witness has been declared hostile and has not (PW41) supported the case of the prosecution with regard to the incident dated 21.4.2010, on identification of the accused and has denied her statement under Section 161 Cr.P.C. Ex.PW41/PX1. According to the witness her son Vijay aged 22 years had expired about a month prior to the incident and she had gone to her father's house where she came to know that some incident of arson had taken place in the village but she is unable to tell who had put the houses on fire and what had happened.

36. Vicky (PW42) He is a resident of village Mirchpur and is the son of Dhoop Singh (PW39). He is not an eye witness to the incident dated 19.4.2010 and came to know of the incident after Veer Bhan was brought back in an injured condition and therefore his testimony to the extent of what transpired thereafter only would be admissible in St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 440 evidence. He has deposed as under:

1. That Veer Bhan who sustained serious injuries had to be hospitalized first at Hansi and thereafter at Hissar.

2. That on 20.04.2010 some persons from the panchyat comprising of 'J' community went to the Hissar hospital and requested Karan Singh and Veer Bhan not to get the FIR registered and said that they would get the matters compromised and in the evening Veer Bhan was also brought back from the hospital and Karan Singh had already come back to his house before that.

3. That in the evening of 20.04.2010 there was an atmosphere of fear in the village since a large number of boys from the 'J' community had gathered and the 'B' of the village were afraid, apprehending that they might attack and they all from the 'B' community remained alert and awake during the night.

4. That in the morning of 21.04.2010 at about 8 AM Rajender S/o Pale was passing through the main gali in his boogie while he was going to his house then he had some verbal altercation with some boys of the 'B' community but he was not there.

5. That he (Rajender S/o Pale) ran from that place raising alarm "choorya ne mar diya, choorya ne mar diya".

6. That he (Rajender S/o Pale) went to the main Chaupal of the 'J' community and collected large number of boys from where all these boys came towards 'B' houses duly armed with dandas, gandases, stones and when they came to their houses there was a quarrel between them and 'B' (apas mein jhagra hua).

7. That after some time all these boys ran away back towards the houses belonging to the 'J' community.

8. That Gulab Singh, Chowkidar was coming from the gali and was crossing from the gali of Rajender S/o Pale when he (Gulab Singh) was stopped by Rajender S/o Pale and Rishi S/o Satbir and beaten with dandas after which Gulab Singh came towards houses of persons belonging to 'B' community and informed them that he was injured on his knees and legs and was beaten with dandas.

9. That thereafter these boys from the 'J' community called more persons and boys belonging to the 'J' community from out side areas (out side the village) and about 1000-1500 persons from the 'J' community gathered at the 'J' Chaupal from where they came to St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 441 the 'B' Basti and were armed with lathies, gandases, stones, oil cans and petrol.

10. That while these boys were still coming from Chaupal side, some persons from the village from the 'J' community came to them and told them to gather at their Chaupal for a settlement and while they were at the Chaupal these 'J' boys who were coming from the Chaupal in the meanwhile started burning houses of persons from the 'B' community.

11. That they started pelting stones on them while they were still standing in the main gali.

12. That the persons from the 'J' community surrounded their basti from all the four sides and burnt the house of Tara Chand, Sube Singh, Chander Singh, his own house, the house of Gulab Singh and all three sons of Gulab Singh and burnt about 20-25 houses and they ('B') were surrounded from all the four sides and it became difficult for them to save their lives and they did not know whether to save themselves, or their children, or what to do.

13. That his father Dhoop Singh was unwell as he was suffering from respiratory problem and was alone at their house and his mother and two nephews were also at home and when he saw what was happening he ran back to his house apprehending danger to the lives of his family members and at that time these boys were in the process of setting the house of Chander on fire which was on the corner of the main gali.

14. That he informed his father to move out in view of the prevailing circumstances but since his condition was serious he could not move and therefore in order to save his other family members his mother and two nephews escaped from the back side of the house whereas he himself remained in the house with his ailing father who could not move.

15. That they were having four shops and had shut the main gates but these boys came there and while he and his father were hiding inside the house behind the shops, he saw that the gates of their shops were broken and a large number of boys jumped inside and started setting the shops on fire.

16. That he could see Ramphal S/o Prithvi, Sanjay S/o Daya Nand, Pardeep S/o Jaiveer, Sonu S/o Wakil, Pardeep S/o Suresh, Satyawan S/o Rajender, Rajpal S/o Sheo Chand, Bobbal S/o Tek Ram who were sprinkling oil on the walls of their shop and setting it St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 442 on fire along with many other boys.

17. That when these boys jumped and came inside his father pleaded to them with folded hands and asked them what was their fault on which Ramphal hit his father with a lathi on his arm and Sanjay S/o Daya Nand hit his father with a lathi on his legs on which the arm of his father was fractured and he received injuries and the accused Sanjay then shouted to the others "Vicky ko dundo kare hai" while he was hiding inside the house on which his father fell down and while these boys were still searching for him, his father shouted to him from outside to run away as these boys would otherwise kill him and on getting an opportunity he escaped by jumping from the terrace.

18. That two or three of these boys saw him and also followed him but he managed to escape and while his house was set on fire and was burning, he saw two to three police persons watching the same and these boys were also exhorting and shouting "choora ne aag lage do, dheda ne aag lago de".

19. That they burnt their houses and many of these boys were dancing naked on the streets which he saw when he climbed on the roof in order to save himself and out of them he could recognize Sumeet S/o Satyawan, Kulwinder S/o Ram Mehar.

20. That when the police came at about 1-1:30 PM while the houses were still on fire and he had come back to his house to search for his father, he found Sanjay S/o Amar Lal on the back side of his house standing with a danda in his hand shouting "koi choora marya ya nahi".

21. That his uncle Jaiveer had entered the house from the back side and saved his father and removed him to his grandfather's house.

22. That an ambulance came to the village and his father Dhoop Singh was removed to the hospital along with Tara and his daughter Suman who were burnt to death but he did not accompany him since there were large number of other persons who were also to be removed to the hospital.

23. That in the month of January that is on 19.01.2011 when there was a 'J' agitation after the persons from the 'J' community sat on the railway tracks protesting, one vehicle was brought to the village Mirchpur with a public announcement system and five to six boys sitting in the said vehicle were making an announcement that they would ensure that their St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 443 brothers who are in judicial custody are set free even if 50 more persons have to die and this announcement was made on two occasions since this gari/ vehicle took the round of the village twice and it was in the afternoon that the police had seized this vehicle.

24. That persons belonging to the 'B' community felt scared and started leaving the village on account of the same and he and his family also left the village and ever since they were staying at Hissar, at the Tanwar Farm House.

25. That he did not receive any injuries but his family was given compensation for their house which was burnt and initially they were given Rs.1 lac and Rs.15 thousand and thereafter again they received Rs.1 lac.

26. That police made inquires from him and also recorded his statement on one or two occasions.

27. That he has identified the accused Sonu S/o Dalbir, Pardeep S/o Jaiveer, Rajpal S/o Sheo Chand, Pawan S/o Hoshiayar Singh, Sandeep S/o Chander, Sanjay S/o Daya Nand, Dharambir @ Illa S/o Mahi Chand, Pawan S/o Ram Mehar, Daya Kishan S/o Ajeet, Balwan S/o Inder, Pardeep S/o Satbir, Rupesh S/o Tek Ram, Kuldeep S/o Balbir, Parveen S/o Jagdev, Sunil S/o Daya Nand, Jasbir S/o Raja Ram, Jitender S/o Satbir, Kulwinder S/o Ram Mehar, Sanjay S/o Amar Lal, Karam Pal S/o Satbir, Pardeep S/o Balwan, Jagdish S/o Lehna Ram, Ajeet S/o Sukhbir, Kuldeep S/o Om Parkash, Sonu S/o Ramesh, Rishi S/o Satbir, Bobbal S/o Tek Ram, Joginder Singh S/o Inder Singh, Jugal S/o Hawa Singh, Ramphal S/o Prithvi, Roshan S/o Ram Swaroop, Manbir S/o Zile Singh, Deepak S/o Krishan, Satyawan S/o Rajender, Jagdish S/o Barru Ram, Sumeet S/o Satyawan, Tinku S/o Sewa Singh, Rajender S/o Pale, Pardeep S/o Suresh, Baljeet S/o Inder and also the accused Sandeep S/o Chander, Rajesh S/o Tek Ram, Hitender S/o Satbir, Kuldeep S/o Ram Mehar, Sanjay S/o Amar Lal, Karam Pal S/o Satbir, Kuldeep S/o Om Parkash, Sonu S/o Ramesh, Jogal S/o Hawa Singh, Roshan S/o Ram Swaroop, Satyawan S/o Rajender, Jagdev S/o Lehna Jagdish S/o Barru, Pardeep S/o Satbir, as the boys who were having dandas in their hands and were hitting persons from 'B' community and also indulging into tor phor and damage to property of the 'B'.

28. That he has specifically identified the accused Baljeet S/o Inder as the boy who was having jellie in his St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 444 hand and was running after the members of 'B' community and was hitting with the same; Sumeet S/o Satyawan as the boy who was dancing naked on the roof; Ajeet S/o Sukhbir as the person who had come to call Veer Bhan and Karan Singh on 19.04.2010 and said that Ajeet was present in the crowd indulging into stone pelting having gandases in his hand; Pardeep S/o Satbir, Jasbir S/o Raja Ram as the persons who had entered into his shop committed looting of the articles in his shop and damaged the property; accused Pawan S/o Hoshiyar Singh, Balwan S/o Inder, Parveen S/o Jagdev, Karam Pal S/o Satbir, Sonu S/o Ramesh, as the persons who were indulging into stone pelting and exhorting by using caste abuses and accused Deepak S/o Kishan as the person who was having a oil container in his hand and setting the houses on fire.

37. Dilbagh (PW43) He is a resident of village Mirchpur and is the brother of Sanjay (PW44) and son of Gulab Singh (PW48). He is not an eye witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay. He has not supported his statement made to the police under Section 161 Cr.P.C Ex.PW43/PX1 to the extent of the names of many of the accused.

I may further observe that this witness had also filed an affidavit and made a statement before the Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana wherein he had stated that he could not identify the assailants. In this regard the provisions of Section 6 of the Commission of Inquiry Act provide that the statement of a statement cannot be used to contradict him therefore under these circumstances, the statement made by Dilbagh before the Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana cannot be used for contradicting him under Section 162 Cr.P.C. However, the conduct of the witness can always be looked into by the Court to determine the credibility and truthfulness of the witness including the manner in which he conducted himself before the Commission.

With regard to the incident dated 21.4.2010 he has deposed on the following aspects:

1. That on 21.4.2010 at about 11-11:30 AM he was in the village when he saw that in the main gali a large number of persons from the 'J' community got together duly armed with stones many of whom were St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 445 dancing naked.

2. That they (persons belonging to 'J' community) started pelting stones towards the houses belonging to the 'B' community and started raising a "shor sharaba" and surrounded the 'B' Mohalla from all the four sides after which they started burning the houses belonging to the members of 'B' community by hurling caste abuses saying "jala do dheda ne" and they burnt about 18 houses.

3. That he along with his children and other persons from 'B' community gathered in the middle of the mohalla to save themselves and his house was towards the outer side and was totally burnt and all his property was burnt in the said arson.

4. That Tara Chand and his daughter Suman lost their lives when their house was burnt and he had seen two to three boys carrying the oil can who had come towards his house and sat it on fire but he he does not recollect their names and can identify them by faces but not by name.

5. That he did not receive any injuries but he had got compensation for lost of his property to the tune of Rs.1,00,000/- from the government.

6. That he has identified the accused Karamvir S/o Tara Chand as the person who was indulging into stone pelting; accused Rajpal S/o Sheo Chand as the boy who had broken the door of his house and set it on fire; accused Kulwinder S/o Shri Ram Mehar as the person who was quarreling and was indulging into stone pelting; accused Rishi S/o Satbir who had beaten and hit his father with the lathies; accused Rajender S/o Pale as the person who along with Rishi had hit his father with a lathi and accused Ramphal S/o Prithvi as the boy who was setting the houses on fire and had followed him on the roof with a gandases.

7. That he appeared before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana on 21.1.2011 and had made a statement before the said Commission but has deposed that the version given by him before this court is correct.

38. Sanjay (PW44) He is a resident of village Mirchpur and is the brother of Dilbagh (PW43) and son of Gulab Singh (PW48). He is not an eye witness to the incident dated 19.4.2010 and has deposed on the basis of hearsay.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 446 I may further observe that this witness had also filed an affidavit and made a statement before the Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana wherein he had stated that he could not identify the assailants. In this regard the provisions of Section 6 of the Commission of Inquiry Act provide that the statement of a statement cannot be used to contradict him therefore under these circumstances, the statement made by Sanjay before the Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana cannot be used for contradicting him under Section 162 Cr.P.C. However, the conduct of the witness can always be looked into by the Court in the background of these proceedings to determine the credibility and truthfulness of the witness.

In respect of the incident dated20.4.2010 and 21.4.2010 he has deposed as under:

1. That on 20.04.2010 there was a meeting amongst the persons from the 'J' community in the village and they decided that they would do mar pitai with the 'B'.

2. That on 21.04.2010 at about 9 AM he had gone for doing some work in the house of one Brahmin of the village and while he was working, he came to know that his father Gulab Singh was injured and on receipt of this information he immediately came to his house which is situated in the 'B' Basti towards the kacchi sarak.

3. That he saw his father lying on a khat/charpai and he had been beaten on his arms, knees and back with lathies and he could see the injuries.

4. That outside there was a lot of hue and cry/ halla on the main gali where a large number of persons from the 'J' community numbering about 300-400 were standing in groups and were shouting "maro, jala do,".

5. That they (persons from the 'J' community) were abusing using names of maa and bebe and they came from the front side and started pelting stones and burning houses belonging to the members of 'B' community.

6. That about 18-19 houses belonging to the members of 'B' community were burnt by them.

7. That his small children were inside his house at the time when his house was set on fire and they were hiding under the bed when the house was set on fire and after the rioters went away on setting fire to the house they ran out to save themselves.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 447

8. That he came to know that Tara Chand and his daughter Suman both belonging to 'B' community lost their lives when their house were set on fire.

9. That police came after about two hours and he had seen a large number of these persons who had been indulging into rioting, arson, looting and beating and he could identify them by faces.

10. That his wife had sustained injuries in the stone pelting but her medical had not been conducted since they were very much perplexed at the time of the incident.

11. That he had received a compensation to the tune of Rs.1,12,000/- for the damage to his property caused on account of fire.

12. That on 21.04.2010 the police had come to the village and interrogated him and also recorded his statement wherein he had given the names of large number of boys whom he had seen and recognized as assailants during the incident.

13. That he has identified the accused Dharambir @ Illa S/o Mahi Chand as the person who was indulging into stone pelting and beating by dandas; accused Rishi S/o Satbir as the person who was indulging into stone pelting and beating with dandas; accused Kulwinder S/o Ram Mehar as the person who was carrying a oil can and sprinkling on his house;

accused Ram Phal S/o Prithvi Singh as the person who was sprinkling oil and was setting his house on fire; accused Pardeep S/o Satbir as the person who was carrying a gandases and had damaged his container of anaj/grains with the same; accused Dalbir @ Bobbal S/o Tek Ram who was the root cause of all the dispute and had damaged his property inside the house and thereafter set the house on fire; accused Rajender S/o Pale as the person who had set his house and other houses on fire and had also beaten his father and accused Monu S/o Dr. Suresh as the boy who was indulging into stone pelting and was having jellies in his hand and was indulging into rioting and arson.

14. That he had appeared before Hon'ble Mr. Justice Iqbal Singh (Retd.) Commission of Inquiry (Mirchpur), Haryana and had made a statement before the said Commission wherein he had told the Hon'ble Commission that he was making a statement without pressure or coercion and states that whatever he has now told the court is correct.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 448 39 Manoj (PW45) He is a resident of village Mirchpur. He is not an eye witness to what actually happened in front of the house of Karan Singh on 19.4.2010 and came to know of the incident after Veer Bhan and Karan Singh were injured and they told him what had happened. However, Karan Singh (DW13) himself not having supported the version given by Manoj and Veer Bhan not been examined by the prosecution being hostile the testimony of Manoj is inadmissible with regard to the initial incident. In respect of the incidents dated 20.4.2010 and 21.4.2010 he has deposed as under:

1. That on 19.4.2010 Veer Bhan and Karan Singh were beaten and there was stone pelting in the area and then both Veer Bhan and Karan Singh were taken to hospital at Hansi.

2. That on 20.04.2010 the panchayat of the village intervened and tried to settle the disputes.

3. That on 21.04.2010 at about 10 AM there was a "rolla danga" and then "patharbaji"and around 250-300 boys belonging to the 'J' community came to their ('B') basti in the main gali.

4. That they (persons from the 'J' community) were carrying jellies, gandases and started pelting stones and there was marapiti while 20-25 policemen from Haryana Police were standing there and the stone pelting continued for a long time and thereafter these boys started burning houses.

5. That first his house was burnt by these boys of the 'J' community and amongst the boys he saw Rajender S/o Pale, Satyawan and his son.

6. That his children were inside the house but they manage to escape from the house and fled towards the basti.

7. That they (persons from the 'J' community) also burnt the house of Satyawan, his brother Rajender, Suresh, Sube Singh, Tara Chand, Mahender, Gulaba, Dilbagh, Sanjay, Chander, Ramphal, Pappu, Jagpal @ Pale, Kuldeep S/o Raja Ram, Dhoopa and Sanjay S/o Bane Singh all 'B'.

8. That a large number of persons had received injuries in the stone pelting and Tara Chand and his daughter Suman lost their lives when their houses were burnt.

9. That their properties were damaged and looted but many of them managed to escape by going towards the middle of the basti.

10. That apart from the above boys whom he had seen at his house, he had also seen Kulwinder, Pawan, Daya, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 449 Jogal amongst many other boys whom he can identify by faces but whose names he does not recollect.

11. That he did not receive any injuries but he had got compensation from the government to the tune of Rs.1,00,000/- for damages to his property.

12. That the stone pelting, arson and looting continued till about 1:00 PM and the police came thereafter when many of the houses had already got burnt down and as many as two to three buses of police came and started apprehending the assailants but who started fleeing the village.

13. That the police came to him and also made inquiries when he told them the details of what ever damages had been done to his property and he had got his statement recorded with the police on the same day i.e. 21.04.2010 but thereafter he was never called or asked about the same.

14. That his statement was recorded by the police on 21.4.2010 wherein he had told the police that Bobal @ Langra, S/o Tek Ram, Ramphal S/o Prithvi, Daya S/o Jeet Singh, Satyawan S/o Tara Chand had come armed with lathies, to the 'B' Basti and indulged into stone throwing and causing injuries to the persons from the 'B' community with lathies and Rajender and Bobal @ Langra had sprinkled kerosene oil on his house.

15. That he had given the name of Sumeet S/o Satta who had come to his house and it was Sumeet S/o Satta and Satta S/o Karan Singh who had set on fire the motorcycle belonging to Sunil S/o Brij Bhan 'B' who was his brother-in-law.

16. That in the court he has identified the accused Amit S/o Satyawan as the person who was indulging into arson and burning of houses; accused Sumeet S/o Satyawan as the person who had set his house on fire; accused Kulwinder S/o Ram Mehar as the person who broke the door of his house and entered the same and damaged his property and conducted loot mar; accused Ramphal S/o Prithvi as the person who had set his house on fire and also broke the motorcycle of his brother-in-law and burnt the same; accused Dharamvir @ Bobal S/o Tek Ram as the person who was present along with the other boys when his house was set on fire; accused Pawan S/o Ram Mehar as the person who is his neighbour who was present at the spot but did not stop the others from setting his house on fire and Pawan sprinkled St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 450 kerosene oil on his house; accused Satyawan S/o Karan Singh as the person who was having a gandases in his hand and damaged his petties almirahs and other property; accused Daya S/o Ajeet as the person who was present along with the other to set his house on fire; accused Rajender S/o Pale as the main accused at whose instance the entire incident had taken place and who was in front of the crowd and leading them while others were following him while the houses were set on fire.

17. He has also identified the accused Rishi S/o Satbir, Dalbir S/o Tara Chand, Satish S/o Randhir Singh, Pawan S/o Rajbir, Deepak S/o Krishan Kumar, Baljeet S/o Inder, Karamvir S/o Tara Chand, Pardeep S/o Suresh, Pardeep S/o Satbir, Kuldeep S/o Om Parkash, Roshan S/o Ram Swaroop, Jugal S/o Hawa Singh, Sanjay S/o Daya Nand and Karampal S/o Satbir as the boys who were a part of the crowd and were indulging into stone pelting, arson and burning of other houses in the 'B' basti.

40. Rajesh (PW46) He is a resident of village Mirchpur. He is not an eye witness to the incidents dated 19.4.2010 and 20.4.2010 and has deposed on the basis of hearsay. He has admitted the incident dated 21.4.2010 and his statement made to the police under Section 161 Cr.P.C.

Ex.PW46/PX1 but has turned hostile on the identity of all the accused except Rajender S/o Pale and Ramphal. He has deposed on the following aspects:

1. That on 21.4.2010 while he was in the fields he came to know from his wife who came with the roties to the fields that there was a jhagra in the village and she told him that a large number of persons had gathered and there was a jhagra between the members of 'B' and 'J' community and there was mara mari with roras and bricks being thrown.

2. That on hearing the same he came back to the village found that there was fire in the village to a number of houses and thor phor had happened.

3. That he found that some persons were carrying ent/bricks, gandases, jellies and these boys numbering about 500-600 were all from the 'J' community and were pelting stones in the houses of the members of 'B' community and setting them on fire.

4. That on seeing this he climbed on the roof of Veer Bhan's house to save himself from where he saw the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 451 aggressors and he could see Ramphal and the son of Pale (Rajender) from the roof but other boys he could not identify.

5. That thereafter he also went to his house where his paralytic mother who was partially blind was lying and he saw that there was "tora phori" done at his house and his mother told him that the aggressors were trying to enter the house after breaking the gate but his mother pleaded to them and therefore the boys spared the house from burning but committed "tora phori".

6. That thereafter the police came at about 12:00 - 1:00 PM and the aggressors ran away and he had received brick injury on his foot and after five to six days his medical was also got conducted

7. That the houses of Mahender, Rajender, Manoj, Tara, Gulaba, Sanjay, Pale and Dhoopa were burnt wherein Tara and his daughter Suman were burnt to death and the properties were destroyed in the fire.

8. That after the police came to the village they had also made inquiries from him and he had given his statement to the police.

9. That the police interrogated him on 21.04.2010 and also recorded his statement and he was also interrogated on 26.04.2010 but he is not sure if his statement was also recorded and what statement was recorded.

41. Satyawan (PW47) He is a resident of village Mirchpur. He claims that he came to know of the incident dated 19.4.2010 after Veer Bhan and Karan Singh were brought back in an injured condition. Therefore he is not a witness to what what actually transpired before the same and has deposed on the basis of hearsay. According to him, it is Ramesh S/o Mange Ram who had shifted Karan Singh and Veer Bhan to Jindal Hospital Hissar.

I may further observe that this witness has for the first time in the Court come up with a new story of a 'J' Panchayat meeting in the village on 20.4.2010 and deciding that the matters should be compromised, an aspect which does not find mention in his earlier statement to the police Ex.PW47/PX1 nor any corroboration from any other source and therefore being a total improvement is liable to be ignored. He further claims himself to be an eye witness to the incident dated 21.4.2010 and has deposed as under:

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 452

1. That on 19.4.2010 there was a dispute when Karan Singh and Veer Bhan were both beaten while they (persons belonging to 'B' community) were standing in the main gali and came to know of the same when they heard a hue and cry and saved Karan Singh and Veer Bhan and brought them back.

2. That Veer Bhan had sustained a lot of injuries and was unconscious at that time but Karan Singh was still conscious though he also sustained injuries and they immediately shifted them to the hospital.

3. That first they were taken to Narnaund hospital but since the doctors refer him to a bigger hospital they were then taken to government hospital Hissar by Ramesh S/o Mange Ram, since Veer Bhan was more serious he was then shifted to Jindal Hospital, Hissar.

4. That on 20.04.2010 the 'J' Panchayat met in the village and it was decided that the matter should be compromised in the village and on account of the above Veer Bhan was brought back from the hospital after getting him discharged and Karan Singh also came back with him.

5. That on 21.04.2010 at about 7:00 AM the panchayat of the village came to the house of Veer Bhan and asked him to compromise the dispute to which Veer Bhan agreed and while the panchayat members were still sitting at the house of Veer Bhan, Gulab Singh the chowkidar of the village who had gone to collect milk and lassi from the village, was beaten by Rajender S/o Pale and other boys of the 'J' community who had started gathering in the village in large number.

6. That Gulab Singh some how manage to come back to the 'B' Basti and told the persons residing in the 'B' Basti as to what had happened with him on which they ('B') also got together and made a call to the Narnaund police station and informed them and also requested the SHO to come to the spot as he was apprehending the matters could get aggravated.

7. That the SHO first sent four to five police persons in the village but in the meanwhile at about 9 AM large number of persons from the 'J' community gathered and came towards the 'B' Basti and initially they were about 100-150 persons but later on the numbers swelled to about 300-400.

8. That he (Satyawan) again called up the SHO from his mobile and told him that the matter would going out of hand and that a large number of boys from the 'J' St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 453 community had gathered and had come to the 'B' Mohalla and requested the SHO to come to the village personally.

9. That the SHO Inspector Vinod Kajal then came to the village along with one gypsy and then he along with the officials went to boys belonging to 'J' community.

10. That after some time he (Inspector Vinod Kajal) came back and told them that there would be no problem as he has already advised these boys and and also asked them ('B') to collect at the 'B' Chaupal so that he could get a compromise affected between them.

11. That on this they all i.e. males of the village belonging to the 'B' community went to the 'B' Chaupal but in the meanwhile these persons who had collected in the village belonging to the 'J' community surrounded the 'B' Mohalla and they heard the cries of their ladies informing them that the mohalla had been surrounded by the members of 'J' community.

12. That they (members of 'B' community) all ran from the Chaupal and found that the entire mohalla had been surrounded by these persons from the 'J' community who were throwing stones.

13. That while he was coming out from the Chaupal he told the SHO "SHO sahab ye kya kara diya" on which the SHO told him "mein kya karo bhai".

14. That he further told the SHO "apne to hame marva diya" on which the SHO told him "mein ke karo, jessi bhaga jata ho to bhag ley".

15. That they (members of 'B' community) also pleaded with the SHO and the other police officials to save them but they all started running away from the village from the kacha rasta going towards Rakhi village and the SHO said "jab mera hi bachna muskil hai to tumhe kya bachau" and he also ran away from the village.

16. That in order to save themselves they also started throwing stones and there was stone pelting from both the sides after which the boys from 'J' community started setting the houses belonging to the members of 'B' community.

17. That they (persons from the 'J' community) set fire to the house of Sanjay S/o Satpal situated on the main road and since he had climbed to the roof of Jaswant in order to save himself from where he saw the incident.

18. That thereafter they (persons from the 'J' community) went to the house of Tara Chand where Tara Chand St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 454 and his daughter Suman lost their lives in the fire and in the meanwhile the smoke filled the galies and came to the place where he was standing i.e. on the roof of the house of Jaswant due to which reason he came down and went inside his house to save his small children.

19. That from his telephone he called the SP Hissar Sh. Subhash Yadav and told him about the incident and also told him that 'B' Mohalla had been surrounded by the members of 'J' community and they were setting the houses of the 'B' on fire and he should save them.

20. That SP Hissar promised to come to the spot and help them and Sh. Subash Yadav came to the spot at about 12:30-12:45 PM but by that time the boys from 'J' community had inflicted injuries to large number of persons with the help of jellies, lathies etc. and also indulged into loot pat, arson/ burning of houses belonging to the members of 'B' community and some of these boys also started dancing naked by removing their clothes.

21. That when SP Sh. Subhash Yadav come to the spot about 14-15 persons of 'B' community including his family members were standing on the roof of the house of Chander which was a two storied house which had been put on fire and there was fire on the ground floor with smoke going to the top floor.

22. That it was SP Sh. Subhash Yadav who saved these persons or else they would all have been charred to death and a large number of police men also came along with SP Hissar who apprehended a large number of these boys at the spot itself who were assailants and were moving out in the village along with jellies and gandases.

23. That after the police came to the spot they all came out from house and found that large number of houses were set on fire and fire brigade had also come to the spot to drowse the same.

24. That he had seen Rajender S/o Pale, Ram Phal @ Petla, Bobal @ Langra when they had set the houses of Sanjay and Tara Chand on fire.

25. That the police had interrogated him on the same day i.e. 21.04.2010 but thereafter the said interrogation continued for number of days and DSP Hansi used to come to the village and also took his statement on number of occasions.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 455

26. That he was aware that his statement was being recorded but he used to say something and police recorded something else.

27. That his house was also damaged on account of the "tor phor" done by these boys but they all escaped unhurt and he had received a compensation to the tune of Rs.15,000/- on one occasion and Rs.10,000/- on another occasion.

28. He has identified the accused Rajender S/o Pale, Bobal @ Langra S/o Teka and Ramphal @ Petla S/o Prithvi as the persons who had set the houses of Sanjay and Tara Chand on fire.

I may observe that material improvements have been made by the witness while deposing before the court and previously the witness had never told the police about being present at the time of incident dated 19.4.2010. He has also come up with an altogether new story with regard to the conduct of the accused Vinod Kajal (the then SHO Police Station Narnaund) which does not find corroboration from the other evidence on record.

42. Gulaba (PW48) He is a resident of village Mirchpur and the village Chowkidar. He is the father of Dilbagh (PW43) and Sanjay (PW44). He is not aware of the incident dated 19.4.2010 and has deposed only in respect of the incident dated 21.4.2010 as under:

1. That on 21.4.2010 at about 8.00AM he was coming back to his house in the village and on one hand he was having his walking stick and in the other hand he was carrying the lassi.

2. That he saw that wife of Satbir (a member of 'J' community) was having an oil can (container) in her hand, when he went ahead he found an oil Peepi (container) in the hand of wife of Kapoora and when he came ahead and reached the house of Rajender S/o Pale he found Rajender S/o Pale, Karampal S/o Satbir, Ramphal S/o Prithvi along with 10-15 other boys who were standing there.

3. That Rajender S/o Pale caught hold of his collar, Karampal snatched his Lathi/ walking stick and hit him on his back and when he fell down Ramphal hit him on his head and at that time they were unarmed.

4. That he was lifted from there by persons from the Mohalla and taken to his house and put on a cot/ charpai and after about one - one and a half hours of his coming back to his house, he heard the cries of Phook do dedhan ne, Chooraya ne phoonk do.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 456

5. That his house is on the main road and the number of persons could be 400 to 500 and even more came and started setting the houses belonging to the members of 'B' community on fire.

6. That the boys from the village were all from the 'J' community and a large number of other outsiders had also been called by them from colleges etc. and they suddenly came and started setting the houses belonging to the members of 'B' community on fire and they came to his house and burnt the same.

7. That all his household articles were burnt and his wife who was in the house at that time got injured on her head on account of stone pelting as she was in the house and she thereafter in order to save his grand children ran away with the children and went to the other house of his cousin brother in the neighbourhood.

8. That the medical of his wife was not conducted since she was taken by his daughter to her house at village Dablain, Tehsil-Narvana, after the incident.

9. That the house of Tara was burnt where he and his daughter Suman lost their lives and house of Chander, Rajmal, Ramphal, Jagpal, Dhupa were also burnt and these boys also indulged into arson, rioting, dancing naked after removing their clothes, Tor-phor.

10. That he had seen these boys carrying gandases, iron rods, jellies, rodas (stones and bricks) which they were throwing at the 'B'.

11. That when his house was burnt there was also looting and his Rs.20,000/- cash which was kept in the house could not be found in the house and he also could not find his two gold rings and three tabeez.

12. That he was taken to the hospital by an ambulance on 21.4.2010 itself and his medical was conducted vide MLR Ex.PW48/A. First they went to Narnaund Hospital and then referred to Hissar Hospital.

13. That the witness has identified the accused Karampal S/o Satbir, Rishi S/o Satbir, Rajender S/o Pale, Daya S/o Ajit, Dharambir @ Illa S/o Mai Chand, Baljeet S/o Inder, Ramphal S/o Prithi Singh, Bobal @ Langra S/o Teka and has also identified accused Pradeep S/o Satbir, Balwan S/o Inder, Manbir S/o Jile Singh, Sunil S/o Daya Nand, Nasib S/o Prem Singh by pointing towards them as the persons who were indulging into arson, burning of houses, stone throwing and rioting.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 457 I may observe that this witness Gulab Singh does not depose anywhere regarding his sons Dilbagh and Sanjay being present with him at the time of the incident or having accompanied him to the hospital. Further, his testimony that he received injuries on his head does not find due corroboration from his MLR Ex.PW48/A.

43. Pradeep (PW49) He is a resident of village Mirchpur and is the son of deceased Tara Chand and Smt. Kamla (PW50) and step brother of Amar Lal who has been examined as CW1 and the brother of the deceased Suman. At the time of his deposition in the court he was working as a Clerk in the SDM Office, Hissar which job was given by the government after the incident when his father and sister were burnt alive and prior to this he was studying in the first year at government college Jind. He has a family comprising of his mother and three brothers out of whom one brother is married.

He claims himself to be the witness of incident dated 19.4.2010, 20.4.2010 and 21.4.2010 and has deposed as under:

1. That at about five to six PM on 20.04.2010 there was a dispute in the village between Yogesh S/o Jai Pal (a member of 'B' community) nephew of Karan Singh and Rajender S/o Pale (members of 'J' community) on a she-dog belonging to Karan Singh.

2. That Rajender S/o Pale, Karam Pal S/o Satbir, Kulwinder S/o Ram Mehar, Rishi S/o Satbir along with other 'J' boys had a hata pai with Yogesh on this dispute which arose on the barking of the she-dog of Karan Singh and after some time they went away and persons from the 'J' community had a meeting in the village that they would teach a lesson to the members of 'B' community/ chooras.

3. That on 20.04.2010 Karan Singh and Veer Bhan went to the persons from the 'J' community to settle and compromise the dispute and seek pardon for whatever had happened when they were beaten and had to be taken to the hospital.

4. That thereafter all the persons from the 'J' community got together and had a meeting and after the meeting collected at water tank where they consumed alcohol and thereafter passed through the main gali of the village while abusing the 'B' while they were in an intoxicated condition.

5. That on 21.04.2010 at about 8AM Gulab Singh chowkidar who is 'B' was inflicted injuries by the St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 458 boys from the 'J' community when he was passing through the village and at about 8-9AM large number of boys and persons belonging to the 'J' community collected and came towards the 'B' Basti and attacked the 'B' and started pelting stones on them.

6. That in order to ward off the attack some of the 'B' also related by throwing stones and while the stone pelting was going on the police from PS Narnaund also came to the spot.

7. That SHO Vinod Kajal who had come with the police force was mixed up with the persons of 'J' community and he saw him going towards these boys from the 'J' community who had collected in the village and talking to them and thereafter came towards the 'B' and told them to collect at the Chaupal stating that he would get a compromise effected in respect of the dispute between both the communities.

8. That on this some persons from the 'B' community went to the Chaupal but in the meanwhile the persons from the 'J' community surrounded the 'B' Basti from all the four sides and attacked the 'B' with jellies, gandases and lathies and also started burning the houses of the members of 'B' community while simultaneously indulging into stone pelting and came towards his house and set his house on fire.

9. That his sister Suman who was handicapped from one leg was inside the house and his father was also inside the house.

10. That on hearing the noise his father Tara Chand and sister Suman came out but these assailants from the 'J' community who were also accompanied by the ladies of the 'J' community sprinkled petrol on them and set them on fire and pushed them inside the house.

11. That at that time he was standing in the gali near the house and when he tried to save them stones were also thrown on him and he did not go forward to save them fearing for his life.

12. That after some time the ladies of the 'J' community gone away and his father who was still alive at that time rushed to the house of their neighbour Dewan Singh S/o Muthra in a burnt condition while his sister was burnt to death inside their house only.

13. That some of these boys from the 'J' community also removed their clothes and started dancing naked in front of ladies belonging to the 'B' who were standing in the gali and abused them.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 459

14. That SP Hissar Subash Yadav came to the village while the stone pelting, arson, rioting was still going on in the village and on seeing him these boys from the 'J' community ran away and the fire brigade also came to the village to drowse the fire.

15. That the houses of Satyawan, Rajender, Manoj, Bani Singh, Chander, Jagpal, Dhoop Singh and many more houses were put on fire by the persons from the 'J' community.

16. That amongst the assailants he had seen Rajender S/o Pale, Pawan S/o Ram Mehar, Kulwinder S/o Ram Mehar, Vipin S/o Joginder, Suresh S/o Balbir, Vikas S/o Suresh, Monu S/o Suresh, Dharambir S/o Tara, Gagar S/o Tara, Rishi S/o Satbir, Karampal S/o Satbir, Ramphal @ Petla, Rinku S/o Daya Nand, Pardeep S/o Jaiveer, Monu @ Sumeet S/o Daya Nand, Sumeet and Amit both sons of Satyawan, Vikas S/o Sunehra and many more boys.

17. That there were some ladies i.e. wife of Pale, wife of Pappu and wife of Pappu who were also involved with them in the incident and come to his house and set it on fire and were part of the crowd who were indulging into arson and rioting.

18. That all the articles lying in their house were completely burnt including his Motor Bike which was in the bethak and his sister's handicapped rickshaw.

19. That the assailants also committed "looth pat" in their house and all the other houses which they were burning and nothing remained in their house.

20. That he had lost his senses on the date of the incident having lost his father and sister and he was interrogated after the date of the incident and he told the police the details.

21. That police had come to the village on 21.04.2010 and taken away the burnt motorcycle Ex.P-2 and the handicapped rickshaw of his sister Ex.P-3 (including ashes) which was seized vide memos Ex.PW49/A and Ex.PW49/B which is the seizure memo of the rickshaw and ashes bears his signatures at point A respectively.

22. That he did not make any statement Ex.PW49/PX1 dated 21.4.2010 and Ex.PW49/PX2 dated 27.07.2010 but admits having made a statement to the police on 27.06.2010 which is Ex.PW49/PX3.

23. He has identified the accused Sonu S/o Ramesh;

accused Pardeep S/o Jagbir, Pardeep S/o Suresh Kumar, Dharamvir @ Dalbir S/o Dalip Singh, St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 460 Jogender S/o Inder Singh, Naveen @ Tina S/o Rajbir; Rajender S/o Pale, Pawan S/o Ram Mehar, Kulwinder S/o Ram Mehar, Vipin S/o Joginder, Suresh S/o Balbir, Vikas S/o Suresh, Monu S/o Suresh, Dharambir S/o Tara, Gagar S/o Tara, Rishi S/o Satbir, Karampal S/o Satbir, Ramphal @ Petla, Rinku S/o Daya Nand, Pardeep S/o Jaiveer, Monu @ Sumeet S/o Daya Nand, Sumeet and Amit both sons of Satyawan, Vikas S/o Sunehra.

44 Kamla Devi She is a resident of village Mirchpur and is the wife of (PW50) Late Tara Chand and the mother of Pradeep (PW49) and step mother of Amar Lal (CW1). She claims herself to be an eye witness to the incident dated 21.4.2010. I may observe that Kamla in her testimony has made a casual reference to the incident dated 19.4.2010 but it is evident from her cross-examination that she is not an eye witness to the incident and states that she had been informed about it by her deceased daughter Suman and this being so her testimony to that extent is inadmissible in evidence being hearsay.

With regard to the incident dated 21.4.2010 she has deposed as under:

1. That on the date next to the day when the dispute on the she-dog had taken place Gulaba Chowkidar had gone to take lassi from the village in the morning when he was surrounded by these boys (persons from the 'J' community) and injured.

2. That on the next day thereafter Rajender S/o Pale called the other boys from the 'J' community and collected stones and bricks and started pelting stones on the houses of the members of 'B' community and were shouting "choore dheda ne maro".

3. That after some time police from Police Station Narnaund came to the village and the SHO Vinod Kajal also came and they pleaded with him to save them.

4. That he (SHO Vinod Kajal) took their ('B') children to the Chaupal and all the ladies were left behind and she saw him and she pleaded with him to save her husband and children but he told the 'J' boys "dheda ne ek ghante mein aag laga do".

5. That their men folk had been taken to the Chaupal by that time and the boys started setting their houses on fire and son of Sishu (a member of 'J' community) instigated the other 'J' boys to burn the houses belonging to the members of 'B' community on fire by St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 461 saying "na daro choorya sae aag laga do" and he further said "jo kar sansi neikale tha nu choorya ne neikal do".

6. That the Narnaund police did not help them and her house was set on fire due to which her husband Tara Chand and her daughter Suman were burnt to death.

7. That her husband was beaten with dandas outside the house and kerosene was poured on him and after setting him on fire he was pushed inside the house by Pawan, Kulwinder, Hoshiyara Rajender and SHO Kajal.

8. That Bharpai the wife of Pale and along with the wife of Pappu whose name she is not aware but she can recognize by face, sprinkled kerosene on her daughter Suman, set her on fire and pushed her inside the house.

9. That they (persons from he 'J' community) also looted their property and out of fear she was hiding behind the small boundary wall of the house of her husband's nephew (son of her jeth) namely Chander.

10. That she had seen the entire incident from there as it was just adjoining her house and these 'J' boys were armed with jellies, gandases, lathies etc and many of them thereafter removed their clothes and started dancing naked before their girls.

11. That she remember having seeing Dr. Suresh and both his sons in the crowd committing rioting, arson, looting etc.

12. That her sons have been given a government job after the incident but she is not aware of the compensation.

13. That on the date of incident i.e. 21.04.2010 and had interrogated her but she does not recollect if they had recorded her statement which is Ex.PW50/PX1 and states that she had given only three to four names as stated herein above to the police but she could identify the assailants as they were all residents of village Mirchpur and she had told the police that there were more than 300-400 persons in her gali alone.

14. That she had also taken the name of elder son of Tek Ram whom she had seen with kerosene oil container (tel ki pipi).

15. That she had also taken the name of Dharamvir S/o Tara Chand, Pawan S/o Ram Mehar, Karambir @ Ghagar S/o Tara Chand, Balwan S/o Dharamvir, son of Hoshiyara who is called Handa in the village.

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 462

16. That both the daughter-in-laws of Hoshiyara were also present along with oil container and she had further taken the name of son of Kapoora and Bharpal.

17. That her husband had kept Rs. 4 lacs for the marriage of her daughter along with jewellery in her house which had been looted.

18. That she has pointed out towards the accused Ajit S/o Sh. Sukhbir, Ajit S/o Sh. Dalip, Amit S/o Sh.

Satyawan, Anil @ Neela S/o Sh. Prem Singh, Anup S/o Sh. Dharma, Balwan S/o Sh. Inder Singh, Balwan S/o Sh. Jeela, Bobal @ Langra S/o Sh. Tek Ram, Dalbir S/o Sh. Dalip Singh, Dalbir S/o Sh.

Tara,Daya Singh S/o Sh. Ajeet Singh, Deepak @ Sonu S/o Sh. Krishan @ Pappu, Dharambir S/o Sh.

Tara Chand, Dharambir @ Illa S/o Sh. Mai Chand, Dinesh S/o Sh. Prem, Hoshiar Singh S/o Sh.

Mangal, Jagdish @ Hathi S/o Sh. Baru Ram, Jagdish @ Jangla S/o Sh. Lahna Ram, Jaibir S/o