- (1.) These two appeals, by special leave, can be disposed of by a common judgment as they challenge the judgment and order dated 11/7/2006 passed by the High Court of Punjab & Haryana whereby the High Court dismissed the criminal appeal filed by the appellant - Kalu @ Amit (original accused 3) and the criminal appeal filed by appellants Joginder and Varun Kumar (original accused 1 and 2 respectively) challenging judgment and order dated 7/9/2000 delivered by the Additional Sessions Judge, Rewari convicting them for offence under Section 302 read with Section 34 of the Indian Penal Code (for short, the IPC ) and sentencing them to life imprisonment. We shall refer to the accused wherever necessary by their names, for the sake of convenience.
(2.) The case of the prosecution is that on 7/4/1999 PW-5 Ram Chander Yadav had gone to Ahir College, Rewari for attestation of his certificates. He met PW-4 Karambir Yadav there. At about 8.30 a.m., he went to Geography Department of the college. Pushpinder (the deceased) was standing there. The deceased asked PW-5 Ram Chander Yadav as to how he was there. PW-5 Ram Chander Yadav informed him that he was there as he had to get copies of his certificates attested. By that time, suddenly, the accused equipped with deadly weapons came running towards the deceased, who was standing in the company of PW-5 Ram Chander Yadav and PW-4 Karambir Yadav. Kalu @ Amit dealt a sword blow on the takna (ankle) of the deceased. The deceased ran towards the office of the Principal to save his life. PW-5 Ram Chander Yadav ran behind him. Varun Kumar, who was also chasing the deceased, dealt a blow with a sword on the leg of the deceased. The deceased ran ahead. PW-5 Ram Chander Yadav caught hold of Joginder and Varun Kumar. Kalu @ Amit showed him the sword. PW-5 Ram Chander Yadav then set Joginder and Varun Kumar free. The deceased fell on the ground in front of the office of the Principal. Joginder dealt a sword blow on his forehead. Thereafter, all the accused ran away from the place of occurrence by jumping over the boundary wall of the college. PW-5 Ram Chander Yadav lifted the deceased and placed him at some distance. PW-4 Karambir Yadav helped him in doing so. By that time college boys gathered there. They arranged for a car by which PW-4 Karambir Yadav and PW-5 Ram Chander Yadav took the deceased in injured condition to the Civil Hospital, Rewari, where he was declared dead.
(3.) PW-1 Dr. Sunita Garg, who was at the relevant time posted as Medical Officer at the Civil Hospital, Rewari, sent ruqa to the Station House Officer (SHO), Police Station, Rewari informing him that Pushpinder was brought dead to the hospital. On receipt of ruqa PW-8 Raja Ram, SHO along with other police personnel rushed to the Civil Hospital, Rewari where he met PW-4 Karambir Yadav. PW-8 Raja Ram recorded PW-4 Karambir Yadav s statement which was treated as FIR (PD/2). On the basis of the said FIR, investigation was set into motion.;