NARAIN SINGH Vs. STATE

JUDGEMENT

(1.) Narain Singh and Balwan Singh have filed Criminal Appeal No. 111/92 while Khem Chand has preferred Criminal Appeal No. 135/92 against the judgment dated July 8, 1992 of an Additional Sessions. Judge convicting them under Sections 302/34, 307/34 Indian Penal Code and the order of even date sentencing them to imprisonment as under :

(2.) As both the appeals arise out of the same judgment and order, we propose to dispose them of by this common judgment.

(3.) On July 24, 1982, it is alleged by the prosecution, information received through telephone about a quarrel in village Bamroli was recorded in Daily Dairy at Sr. No. 16 and a copy thereof Ex. Public Witness 16/A was made over to HC Ballu Singh Public Witness 16 for action. He along with Constable Mahipal Singh Public Witness 4 reached the place of occurrence and found Raj Karan. Attar Singh, Khazan Singh Public Witness 5, Tariff Singh Public Witness 6 and Vinod Public Witness 9 lying in injured condition on the road side. Police van reached there and in that van injured were removed to Safdarjang Hospital. In the hospital, Raj Karan and Attar Singh were declared dead. SI Rattan Singh Public Witness 29 who in the meantime reached Safdarjang Hospital from the place of occurrence, recorded the statement of Khajan Singh S/o Jug Lal one of the injured-Ex P.A. English translation of the statement reads :