KALU ALIAS AMIT Vs. STATE OF HARAYNA

JUDGEMENT

(1.) These two appeals, by special leave, can be disposed of by a common judgment as they challenge the judgment and order dated 11/7/2006 passed by the High Court of Punjab & Haryana whereby the High Court dismissed the criminal appeal filed by the appellant - Kalu @ Amit (original accused 3) and the criminal appeal filed by appellants Joginder and Varun Kumar (original accused 1 and 2 respectively) challenging judgment and order dated 7/9/2000 delivered by the Additional Sessions Judge, Rewari convicting them for offence under Section 302 read with Section 34 of the Indian Penal Code (for short, the IPC ) and sentencing them to life imprisonment. We shall refer to the accused wherever necessary by their names, for the sake of convenience.

(2.) The case of the prosecution is that on 7/4/1999 PW-5 Ram Chander Yadav had gone to Ahir College, Rewari for attestation of his certificates.

(3.) PW-1 Dr. Sunita Garg, who was at the relevant time posted as Medical Officer at the Civil Hospital, Rewari, sent ruqa to the Station House Officer (SHO), Police Station, Rewari informing him that Pushpinder was brought dead to the hospital. On receipt of ruqa PW-8 Raja Ram, SHO along with other police personnel rushed to the Civil Hospital, Rewari where he met PW-4 Karambir Yadav. PW-8 Raja Ram recorded PW-4 Karambir Yadav s statement which was treated as FIR (PD/2). On the basis of the said FIR, investigation was set into motion.