KAPISH DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of above mentioned two appeals i.e. Criminal Appeal No.S-556-SB of 2003 filed by Kapish Dev and Criminal Appeal No.S-862-SB of 2003 filed by Manjit Singh and Naib Singh, as these arise out of same judgment of conviction and order of sentence dated 12.3.2003/18.3.2003 passed by Additional Sessions Judge, Ambala.

(2.) These two criminal appeals have been filed against the judgment of conviction and order of sentence dated 12.3.2003/18.3.2003 passed by Additional Sessions Judge, Ambala, whereby accusedappellants have been held guilty and convicted for the offence under Section 304 Part-II read with Section 34 IPC. They have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo simple imprisonment for one month each for the offence under Section 304 Part- II read with Section 34 IPC.

(3.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Dev Dutt PW-14. As per the prosecution version on 11.1.1999, Manjit Singh, Naib Singh and Kapish Dev came with common intention and surrounded Neeraj Kumar near the Bus Stand, Civil Hospital, Ambala Cantt. Kapish Dev and Naib Singh caught hold of Neeraj Kumar and Manjit Singh gave a knife blow on buttock and on raising alarm, all three accused ran away on a motorcycle. Neeraj Kumar was taken to the hospital by two unknown boys, where he succumbed to the injuries received by him. It is the case of the prosecution that there was an old enmity between Neeraj Kumar and accused. On the basis of complaint of complainant Dev Dutt, present case was registered. Inquest proceedings were conducted. Post-mortem examination on the dead body of Neeraj Kumar was got conducted.