- (1.) This judgment shall dispose of Criminal Appeal No.D-148- DB of 2008 filed by Karan Singh and Criminal Appeal No.D-652-DB of 2007 filed by Pardeep.
(2.) Appellants have filed the aforesaid appeals against the judgment and order dated 19.03.2007/21.03.2007 passed by Sessions Judge, Rewari, in Sessions Case No. 63 of 2005, arising out of FIR No. 228 dated 20.08.2005, Police Station Dharuhera, whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, each under Section 302 read with Section 34 IPC and in default of payment of fine, to further undergo rigorous imprisonment for six months. Prosecution story in brief is that FIR No.228 dated 20.08.2005 under Section 302 IPC has been registered at Police Station Dharuheru, District Bilaspur at 9:30 p.m. on the basis of statement of Ranbir Singh recorded on the same day at 9:15 a.m. by ASI Sube Singh.
(3.) Ranbir Singh complainant has stated that he is a resident of village Dhani Kumbhawas and is working as security guard in Speedo Max. On 20.08.2005 at about 7:00 a.m. when he was coming to his house, on the way Karan Singh son of Inder Singh, working as guard in Weston Company, Joniawas, met him and told that his companion Chowkidar Lal Chand Nai, who belongs to village Kumbhawas Ki Dhani, had died due to consuming liquor and information be sent to his house. He further stated that he after informing the family member of deceased Lal Chand, came immediately at the place of occurrence and identified the dead body of Lal Chand. There were marks of abrasion on the face of Lal Chand and there was also swelling on his eyes. After leaving Karan Singh, Sukhlal and Pardeep, near the dead body, he went to the Sarpanch to inform the matter to the police. On receipt of telephonic message of Sarpanch of village Joniawas, ASI Sube Singh alongwith Constable Jai Singh reached the place of occurrence i.e. Western Company where the above stated statement of Ranbir Singh was recorded. Inquest report Ex.PM was prepared. The dead body of Lal Chand was sent for post-mortem examination. After conducting the post mortem examination, the doctor found 24 injuries on the body of deceased. As per opinion of the Board of doctors the cause of death was due to the injuries sustained by the deceased which were antemortem in nature and sufficient to cause death in due course of time.;