PRAFULLA C.PANT, J. - (1.) This appeal is directed against judgment and order dated 02.04.2014, passed by the High Court of Punjab and Haryana in Criminal Appeal No. D-391- DB of 2002 whereby said Court has dismissed the appeal affirming the conviction and sentence under Section 302/34 IPC, against accused/appellants Pawan @ Rajinder Singh and Ajit @ Dara Singh, recorded by the Additional Sessions Judge, Fast Track Court No. 1, Faridabad. The High Court has further affirmed the conviction and sentence recorded against accused/appellant Ajit @ Dara Singh under Section 25 of the Arms Act, 1959.
(2.) Heard learned counsel for the parties and perused the record of the case.
(3.) Prosecution story, in brief, is that Deepak (deceased) was elder brother of PW-6 Amit Kumar (complainant). Amit Kumar had a business of selling flowers, and his elder brother used to do the delivery work. Their neighbour Gola (not examined) had taken a loan of Rs. 10,000/- on interest from accused Pawan, and he (the debtor) had returned the same except Rs. 250/- . On 09.11.2000 at about 8.30 p.m. accused Pawan @ Rajinder Singh and his cousin accused Ajit @ Dara Singh demanded remaining Rs. 250/- from Gola to which the deceased requested them to waive the said amount due to which some altercation took place between the deceased and the two accused. About half an hour thereafter both the accused came back on a scooter, and Deepak (deceased) also left with them but on his separate scooter bearing registration No. HR 51 E-4749. Deepak did not return till late night. On this, PW-6 Amit Kumar and his father Ram Nath started search for him. In the next morning they came to know that dead body of a person is lying near Air Force ground. Both, father and son went there and saw that it was the dead body of Deepak. Suspecting that appellants Pawan @ Rajinder Singh and Ajit @ Dara Singh had committed the murder, a report (Ex PE-1) was given to the police in the early hours of 10.11.2000 mentioning their names. On the basis of said report, First Information Report No. 803 dated 10.11.2000 (Ex.PK) was registered at Police Station, N.I.T., Faridabad.;