(1.) By a common judgment, two connected cases i.e. CRA-D-625-DB-2003 and CRA-S-1451-SB-2003 filed by the convicts-appellants are being disposed of being arising out of the same impugned judgment of conviction dated 11.6.2003 and order of sentence dated 13.6.2003, passed by the learned Additional Sessions Judge (Ad hoc), Hisar for committing the murder of Dhira @ Randhir and causing injuries to Om Parkash.
(2.) The appellants were prosecuted on the basis of the statement (Ex. PF/2) made by Parkash @ Om Parkash on 11.8.2001 which reads as under:-
(3.) On the basis of above statement of Om Parkash, initially FIR No. 204 dated 11.8.2001 under Section 308/454/323/148/149 IPC was registered at Police Station Barwala and accused were arrested. On interrogation, accused Mahabir made a disclosure statement that he had kept concealed a lathi in his house behind the Iron box and after digging underneath he got recovered the same which was taken into possession vide Ex. PW/1. Accused Ajit Singh @ Jit Singh also made a disclosure statement that a lathi had been kept concealed by him in his residential house where cotton sticks were lying the heap of fuel and got recovered the same which was taken into possession vide Ex. PY. Accused Dalbir Singh made a disclosure statement that a lathi had been kept concealed by him in his residential house in backside of iron box and got recovered the same which was taken into possession vide Ex. PX/2.