RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Ram Phal, Naveen Kumar and Satyawan preferred the present criminal appeal challenging the conviction recorded by the trial Court under Sections 302 read with Section 34 and Section 323 read with Section 34 IPC.

(2.) ACCUSED Ram Phal had died on 11.8.2011. Death Certificate also was produced by the learned DAG, Haryana. By virtue of the order passed by this Court on 7.1.2015, in the above facts and circumstances, the appeal qua appellant Ram Phal stood abated.

(3.) IT is the case of the prosecution that on 14.8.2007 at about 1.00 p.m., PW2 Sunil Kumar and PW3 Jaibir having come all the way from Delhi on hearing that a quarrel had taken place in the morning on account of draining of the dirty water in front of the house of their brother Satbir, proceeded to the house of accused Ram Phal where he alongwith his sons, Naveen Kumar and Satyawan attacked PW2, PW3 and deceased Satbir. Accused Satyawan attacked Satbir on his head with a spade and caused his death.