Sudhanshu Dhulia, J. -
(1.) CRIMINAL appeal No. 51 of 2003 arises out of judgment and order dated 29.01.2003 passed by learned Sessions Judge in Session Trial No. 194 of 1997, State vs. Prem & others whereby said court has convicted the accused/appellants, namely, Prem, Naresh and Rajbeer under Section 302 read with 34 of I.P.C. and sentence for life imprisonment and under Section 148 of I.P.C. sentenced each of them to rigorous imprisonment for one year. Another Appeal No. 134 of 2003 has been preferred by the Government against the same judgment whereby the court has acquitted the accused/respondents, namely, Pawan and Rati for the offence punishable under Sections 147, 148, 302/149, 323/149, 325/149 of I.P.C. As these appeals arise out against the same judgment and order, therefore, both these appeals are being decided by this common judgment.
(2.) BRIEF facts of the prosecution case are that as per the First Information Report, which was lodged on 02.02.1996 that the complainant - Ilam Chand along with another person, of his village, Mahendra S/o Manphool Singh were coming from Sultanpur towards their village on foot. When they reached near the khet (field) of Raja Ram near brick kiln, they saw the accused, namely, Prem S/o Shashi Ram, Pawan S/o Rati Ram, Naresh S/o Khoob Chand, Rajbeer S/o Balbeer and Ratiram were standing there having Palkati (a sharp edged weapon mounted on a lathi) and lathies in their hands. They also saw that the brother of the complainant - Ramji Lal and cousin Sukhbeer Singh were approaching on a motorcycle. Suddenly, the accused persons attacked Ramji Lal and Sukhbeer Singh, with their weapons. The accused persons took Ramji Lal into the KHET, leaving behind Sukhbeer Singh in an injured condition. Thereafter, the complainant - Ilam Chand and Mahendra rescued the injured - Sukhbeer Singh and took him to their village and thereafter admitted him in a hospital at Haridwar. On the very next day, when they returned, they found the dead body of the deceased - Ramji Lal had been recovered from the KHET of Raja Ram. Consequently, the police on the basis of the First Information Report started investigation in the matter. The investigation of the case was entrusted to S.O. - Anil Kumar (P.W.6). The police reached the place of occurrence and prepared inquest report, which is Ext. Ka. 10. The police also prepared the site plan, which is Ext. Ka. 7 and 8. The police also collected the blood stained soil and plain soil, which is Ext. Ka. 6. Thereafter, the police arrested the accused, namely, Prem and Rajbeer on 06.02.1996 and recovered weapons, used in the commission of crime, on the pointing out of these accused. The Investigating Officer after completing the investigation submitted the chargesheet before the court concerned against the accused - Prem, Pawan, Naresh, Rajbeer and Rati Ram, under Sections 147, 118, 307, 302 of I.P.C. After submission of chargesheet, the learned Magistrate committed to the Court of Sessions for trial and the learned Sessions Judge, after hearing the parties, framed the charge against the accused - Prem, Pawan, Naresh, Rajbeer and Rati Ram under Sections 147, 302/149, 323/149 and 325/149 of I.P.C. and under Section 148 of I.P.C. against the accused - Prem, Naresh and Rajbeer.
(3.) THE prosecution in support of its case produced as many as seven witnesses, namely, Ilam Chand (P.W.1) - complainant, Sukhbeer (P.W.2) - eyewitness, Sri Bhola Singh (P.W.3) - brother of the complainant, Dr. R.K. Pandey (P.W.4) - Radeologist, Dr. Chiranji Lal Vashisth (P.W.5) - who conducted the postmortem of the deceased, Anil Kumar (P.W. 6) - Investigating Officer and H.C. Kailash Chand Tyagi (P.W.7) - Investigating Officer. The accused/respondents denied the charges and claimed trial and produced Narendra Singh (D.W.1) and Lal Kali (D.W.2) in support of their case.;