- (1.) The appellants have assailed the judgment of conviction dated 20.02.2006 and order of sentence dated 27.02.2006, passed by the learned Additional Sessions Judge, Jhajjar, in Session Trial No. 58 of 2005, Session Case No. 17 of 2002, emanating from FIR No. 236 dated 22.05.2002, under Section 302 read with Section 34 IPC, Police Station Jhajjar, whereby, they were convicted for commission of offence punishable under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life each and to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further undergo imprisonment for 03 months each.
(2.) Criminal Appeal No. D-357-DB of 2006, filed by Pawan appellant and Criminal Appeal No. D-191-DB of 2006, filed by Rajat appellant pertain to common impugned judgment and order of sentence, there are taken up together and the judgment shall be passed in Criminal Appeal No. D-357- DB of 2006.
(3.) The case of the prosecution is that on 22.05.2002, Parveen Kumar (complainant) had come to Jhajjar for his personal work. When at about 11.45 a.m., he reached near the old bus stand, Jhajjar, Pankaj son of Durga Dutt (since deceased) met him on his motorcycle. Parveencomplainant was also on his own motorcycle and they went towards the Silani Gate. When they reached near the shop of Fanne Khan, mechanic, Rajat-appellant came driving on one Yamha motorcycle and Pawanappellant was pillion rider, thereon. Rajat-appellant stopped his motorcycle, and called Pankaj-deceased, thereupon, latter also stopped his motorcycle then Pawan-appellant came near Pankaj-deceased after alighting from the motorcycle saying that he will teach him a lesson of protesting him on phone and he took a knife from the left side of his trouser and inflicted two blows, thereof, on Pankaj-deceased, one on the centre side of the chest and the other on the left side of the chest of Pankajdeceased below the nipple. As a result, Pankaj-deceased fell down and one Partap, who was known to Pankaj-deceased came there. Complainant and Partap helped Pankaj-deceased and in the meantime, both the appellants (Pawan and Rajat) fled away on the same motorcycles towards the old bus stand.;