JUDGEMENT
S. K. Kurdukar, J. -
(1.)Both the appellants (A-1 and A-2) were tried for an offence punishable under Section 307 read with 34 of the Indian Penal Code alleging that on 7th July, 1986, they attempted to commit the murder of the Rahu Ram (PW-5) by their pistols.
(2.)Briefly stated that prosecution case is as under :-
Rahu Ram (PW-5) is a resident of Barnala road, Sirsa. He was an office bearer of the truck union at Sirsa. Two fold motive as alleged by the prosecution, is that (1) murder of Brij Lal - the father of Balwant Singh (A-2) by Dungar (brother of PW-5) some 30 years back, (2) Maru Ram, uncle of A-1 and A-2 was killed in an incident which took place in the office of the truck union at Sirsa. It is alleged by the prosecution that A-1 and A-2 were under the belief that Maru Ram was got killed by Rahu Ram (PW-5) .
(3.)On 7th July, 1986, Rahu Ram (PW-5) was sitting on the chair outside the radio repair shop of Raj. At that time, both the accused came from the direction of Sirsa town and told Rahu Ram (PW-5) that they would teach him a lesson for giving evidence in the murder case of Maru Ram. It is alleged by the prosecution that Balwant Singh (A-2) caught hold of Rahu Ram (PW-5) from the waist. Rahu Ram (PW-5) grappled with Balwant Singh (A-2) and in that process pistol carried by him fell down from his pocket. Rahu Ram (PW-5) kicked that pistol away. In the mean time, Chhotu (A-l) took out pistol from his pocket and placed on the chest of Rahu Ram (PW-5) . Fortunately, for Ruhu Ram, the pistol did not fire. A-1 again tried to fire through the said pistol but could not succeed. Ram Murti (PW-6) and one Arjan who were standing nearby came to the rescue of Rahu Ram. In the meantime, both the accused fled away with their weapons. Rahu Ram (PW-5) and Ram Murti (PW-6) then hired a rickshaw to go to police station to lodge a report but the police met them near Tehsil office. Rahu Ram (PW-5) gave his statement to the police on the basis of which FIR was recorded in the police station.
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