DHARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA- D-98-DB of 2004 and CRA-D-119-DB of 2004, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against judgment dated 27.11.2003 and order dated 29.11.2003, rendered by learned Sessions Judge, Hisar, in Sessions Case/Trial No. 29 dated 25.07.2002, whereby appellants Dharamvir, Om Parkash and Banarsi Dass, who were charged with and tried for the offence punishable under Section 302 read with Section 34 IPC, were convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(3.) The case of the prosecution, in a nutshell, is that on 19.04.2002 at 11.25 PM, Subhash was brought to Civil Hospital, Hisar, in a serious condition, by Rama Nand and Dilbag Singh. PW.2 Dr. Daya Nand attended Subhash. He died at 0.15 AM on 20.04.2002. Dr. Daya Nand sent information Ex.PE to the Incharge, Police Post, General Hospital, Hisar at 0.20 AM. SI Ranbir Singh went to the hospital. He collected ruqa. He recorded statement, Ex.PF, of Dilbag Singh. According to the averments contained in the statement, after getting a Tata vehicle of his relative repaired from Hira Mistri in Auto Market, Hisar, and sending the same, he along with his uncle Subhash went to the shop, where Rama Nand alias Ramu was getting his Tata-407 vehicle repaired. He along with Subhash and Ramu took the Tata vehicle and parked the same in Tata Union. He went to answer the call of nature. In the meantime, Subhash proceeded towards City Chicken Corner. Ramu kept on sitting in the Tata vehicle. It was about 10.15 PM. Subhash was about to reach near the hotel, when three persons, who were already sitting at the City Chicken Corner, on seeing Subhash, caught hold of him. He proceeded towards the spot. Ramu also came after getting down from the Tata vehicle. One of three persons, who was of short stature and was fat, picked a big size stone and hurled the same against the head of Subhash. Subhash fell down on the spot. He and Ramu tried to save him. The person, who was of short stature, came running towards him along with the stone. In order to save himself, he took shelter behind the Tata-407. Ramu also remained at a distance out of fear. Out of three persons, one tall person picked up stone and hit on the head of Subhash. They raised alarm. Three persons escaped on a motor cycle. The person, who was of short stature, disclosed his name as Dharma Salemgaria. He and Ramu took Subhash to Civil Hospital, Hisar. The doctor gave him first aid. Subhash succumbed to his injuries. The accused were bearing a grudge against him and on that account, they had killed Subhash with stones. SI Ranbir Singh prepared the inquest report. He recorded the statements of witnesses. The body was sent for post mortem examination. Clothes of the deceased were taken into possession. The accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.