RAJBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE appeals have been filed by Rajbir Singh and Hosiuar Singh appellants to were convicted by learned Additional Sessions Judge, Hisar in Session Cases No.77 of 17.8.1992. Hoshiar Singh appellant of Criminal Appeal No.530 -DB of 1995 was convicted for the offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life fine of Rs. 25,000/ - and in default of fine, he was ordered to undergo R.I. a period of two years whereas appellant Rajbir Singh of Criminal Appeal No. 220 -DB of 1995 was convicted for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs. 25,000/ - and in default of fine he was ordered to undergo further R.I. for a period of two years. It was also ordered that out of the fine realised, a sum of Rs. 40,000/ - shall be paid to the widowed mother of the deceased. Being grieved by the said judgment of conviction and sentence the appellants have tome up in appeal before this court.

(2.) WE have heard learned counsel for the appellants and learned Deputy Advocate General, Haryana for the State.

(3.) THE prosecution has examined the following witnesses before the trial Court : PW -1 Dr. M.L. Kalra who conducted the post -mortem examination on the dead body of Rajinder deceased; -PW 2 Shamsher Singh, draftsman; -PW 3 Rajesh, brother of the deceased; -PW 4 Mst. Geena, mother of the deceased; -PW.5 Subhash, photographer, -PW 6 A.S.S Parkash Chand; and -PW 7 S.I. Om Parkash.