A.S. Garg, J. - (1.) The brief facts and circumstances which gave rise to this controversy in an alleged murder case have been that on 17.9.1990 around 7.00 A.M. there was allegedly a dispute between Daraj Khan and Jagmal in village Shikrawa within the area of Police Station, Punhana, District Gurgaon. The dispute between the said two persons was regarding the Kurdi/rubbish which was lying at a place in the vicinity. On hearing the altercation between the two, Mauj Khan deceased, aged about 65 years, perhaps being a comparatively elderly person intervened and tried to persuade the two sides. However, his intervention was not relished and for the time being all the persons started going back to their houses. However, on the way three persons came across and they i.e. Khurshid, Zakir and Munna alias Akhtar armed with Lathis emerged from their house. Khurshid inflicted a Lathi blow on the nose while Munna alias Akhtar gave a Lathi blow on the occipital region of Mauj Khan. Khannu and Jiwna tried to intervene but could not rescue. Gaffar PW.8 real nephew of the deceased who was also witnessing the occurrence and was on the scene of fight was also hit some blows. The injured were removed to Civil Hospital Pinangwan.
(2.) Ultimately, the injured Mauj Khan was removed to Civil Hospital, Gurgaon and from there to Safdarjang Hospital, New Delhi. On the next date i.e. 18.9.1990, he succumbed to the injuries.
(3.) The statement of Gaffar PW. 8 Ex. PL was recorded at 10.30 A.M. on 17.9.1990 by Head Constable Siri Bhagwan and on its basis formal F.I.R. Ex.PK was recorded at 5.35 P.M. on 18.9.1990 by SI Som Dev PW.10. The special report reached the Ilaqa Magistrate at 11.30 P.M. on 18.9.1990. The Investigating Officer, went to the scene of occurrence and prepared rough site plan Ex.PN. He also recorded the statements of the other witnesses. On 18.9.1990, ASI Hukam Singh PW.5, Police Station, Vinay Nagar, Delhi, received information regarding the death of Mauj Khan from Safdarjang Hospital, New Delhi on the basis of which he recorded D.D.R. Ex.PJ/1. Thereafter he went to the hospital and prepared inquest report Ex.PH on the dead body of Mauj Khan deceased. On 27.9.1990, SI Som Dev PW. 10 arrested all the appellants. In pursuance of his disclosure statement Ex.PM/3 Munna alias Akhtar got recovered Lathi Ex.P2 which was taken into possession vide memo Ex.PM/4. Similarly, in pursuance of his disclosure statement-Ex.PM Zakir got recovered Lathi Ex.Pl which was taken into possession vide memo Ex.PM/1. Likewise Khurshid got recovered Lathi Ex.P3 in pursuance of his disclosure statement Ex.PM/5 which was taken into possession vide memo Ex.PM/6. After completion of the investigation, the accused were put to trial.;