- (1.) These two appeals, by special leave, can be disposed of by a common judgment as they arise out of the same facts and challenge the same judgment and order dated 3/5/2005 of the Punjab and Haryana High Court. Criminal Appeal No.1050 of 2005 is filed by original accused 2 - Pancho and Criminal Appeal No.1222 of 2005 is filed by original accused 1 - Pratham. For the sake of convenience, original accused 1 - Pratham is referred to as "A1-Pratham", original accused 2 - Pancho is referred to as "A2-Pancho" and original accused 3 - Gajraj is referred to as "A3-Gajraj".
(2.) A1-Pratham, A2-Pancho and A3-Gajraj were tried by the Additional Sessions Judge, Faridabad in Sessions Case No.40 of 11.12.2002 / 30.11.1999 for offence punishable under Section 396 of the Indian Penal Code (for short, "the IPC"). According to the prosecution, two more persons were involved in the offence in question viz. Shishu Ram @ Shishu, who expired after the charge was framed and one Bhago, who is absconding. He is declared absconder.
(3.) Shortly stated the case of the prosecution is that PW-1 Jagat Singh, brother of deceased Kartar Singh lodged FIR (Ex-PA) on 8/2/1999 at 8.40 a.m. with PW-12 ASI Keshav Ram at Sadar Palwal, Faridabad. PW-1 Jagat Singh reported that on 7/2/1999 deceased Kartar Singh had left their house for the Sugar Mill, Palwal. He drove his own tractor. He was to bring back two trolleys of sugar cane which were already parked outside the Sugar Mill. PW-1 Jagat Singh further reported that on 8/2/1999 at about 7.00 a.m., they were informed that the dead body of Kartar Singh was lying in a pool of blood at a distance of 10 feet from the road in the field of PW-1 Jagat Singh, a resident of Gopalgarh. Both the trolleys were parked on the road side but the tractor was not at the spot. PW-1 Jagat Singh further reported that some unknown persons opened fire at deceased Kartar Singh due to which he sustained injuries on his waist and succumbed to the said injuries. PW-1 Jagat Singh further reported that the said unknown persons had taken away the tractor.;