UJALA RAM AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution story, in brief, is as under:

(2.) The prosecution in order to prove the case against the accused examined PW1 Dr. Om Parkash who had declared Rajinder dead on his arrival in the Medical College Hospital Rohtak at 11.45 p.m. on 28th October,1991 and had also sent ruqa Ex.PA to the Police Post in the Medical College Hospital Rohtak informing them about the arrival of the dead body: PW2 Dr. Narender Singh who had conducted the postmortem examination and had found two injuries on the person of the deceased and had opined that the said injuries were possible with the knife Exhibit P1; the two eye-witnesses Randhir Singh PW4 and Kali Ram PW6 who had narrated the prosecution story, PW5 Head Constable Hari Singh who had recorded the formal first information report on 29.10.1991 at 11.10 a.m. in the Police Station Meham and the two investigating officers PW7 Inspector Ram Phal and PW8 ASI Raj Kumar.

(3.) The accused were then examined under Sec. 313 of the Code Criminal Procedure and they denied the allegations levelled against them and stated that they had been involved on the basis of enmity and that the deceased was a desperate character. In their defence they also examined four witnesses that is, DW1 Dharampal Gupta, the Ahalmad of the Court of Metropolitan Magistrate Tis-Hazari Courts, Delhi, who deposed that the deceased had been involved in a theft case; DW2 Vijay Singh who had investigated that matter; DW3 Hans Raj the Telephone Inspector who deposed that there were 16 telephone connections in village Mokhra in Jan. 1991 and DW4 Ramphal, Clerk, who deposed that there was no filed by the name of Mandori field as had been contended by the prosecution.