- (1.) Both the appeals have been preferred against the judgment and final order dated 19.10.2006 passed by the Sessions Judge, Baghpat in S.T. No. 299/2000, State Vs. Rampal and others, case crime no. 504/2000, under sections 302, 506 I.P.C., p.s. Baraut, district Baghpat, by which three accused-appellants Rampal, Dharmendra and Manoj were convicted and punished for the charges under sections 302 and 506 IPC.
(2.) Prosecution case in brief was that informant Khiladi (PW-1) is resident of Lohari, p.s. Baraut, Baghpat. On 8.6.2000 at about 8:30 p.m., he was present at his garden of grapes; at that time his sons Shiv Kumar and Raj Kumar (PW-2) were going to his garden of grapes by cycle. In the way, they met Rampal, Dharmendra and Manoj of same village, who were armed with rods. They stopped Shiv Kumar and Raj Kumar, and on exhortation of Rampal for finishing them, they attacked with rods with intention to kill them. Informant's younger son Raj Kumar anyhow ran away raising alarm and his life was saved. Thereafter informant, Anil, Tejvir (PW-3) also reached there and saw that Rampal and his two sons were beating his son Shiv Kumar by rods. After seeing them, three accused threatened them and fled towards jungle. After that, informant brought his wounded son Shiv Kumar to hospital with help of villagers, where doctor declared Shiv Kumar dead. Then, after leaving the dead body of Shiv Kumar in hospital, informant came to police station and gave there written report (Ex. Ka-1) on the basis of which case crime no. 504/2000, under sections 302, 506 I.P.C. was registered against Rampal, Dharmendra and Manoj. Inquest of the dead body of Shiv Kumar was conducted on 9.6.2000 at 8:00 a.m. in morning. Thereafter, his post-mortem was conducted on same day at about 12:20'O clock in the day. After completion of investigation, Investigating Officer Dal Chand Prabodh (PW-6) had submitted charge sheet (Ex. Ka-6) in the Court where appellants were charged for offences u/ss 302, 506 IPC.
(3.) Prosecution side had examined PW-1 Khiladi (informant), PW-2 Rajkumar (brother of deceased), PW-3 Tejvir, PW-4 Dr. D.R. Agarwal (who conducted postmortem), PW-5 H.C.P. Virendra Singh and PW-6 S.I. Dal Chand Prabodh (I.O.). These witnesses had also proved documentary evidences of the prosecution side.;