- (1.) Accused Sanjeev @ Sanju and Harsimranjit Singh aggrieved by their conviction under Section 302 read with Section 34 IPC vide which they were sentenced to R.I. for life and to pay a fine of Rs. 50,000/- each and in default of payment fine to undergo further period of 3 years R.I. have come forward with the present appeal challenging the above conviction and sentence passed by the trial Court.
(2.) PW-8 Sham Lal, the father of Ajay Pal (since deceased) has stated in the first information report Ex.PQ lodged by him that on 21.6.2006 at about 7.00 p.m., he came to know that his son Ajay Pal was lying dead on the bed in his rented house at Didar Nagar in Kurukshetra. At that point of time his wife Sapna had been to her parental house to take care of her mother who sustained injuries. PW-8 proceeded to the rented accommodation of his son Ajay Pal and found the dead body of his son in a putrefied condition. He did not entertain any suspicion as to the death of his son initially as he did not notice any visible injury. During the course of post mortem examination a bullet from the body of Ajay Pal was detected. Therefore, he suspected that someone else had fired at him. He sought for legal action as against the unknown accused.
(3.) PW-13 Dr. P.K.Paliwal conducted post mortem examination on the dead body of Ajay Pal on 22.6.2006 and found the following injury:- "1. There was an entry wound of the fire arm on left side of neck over the lateral aspect situated 4 cms. below the left angle of mandible and 5 cms. left to the mid line measuring 2 x 1 cms. Oval in shape showing abraded margins going downwards backwards and medially traversing through the skin, subcutaneous, tissues, muscles, blood vessels and bodies of C5, C6 and C7 vertebrare and piercing the apex of right lung striking with second and 3rd ribs of right side and fractured them to enter in right pleural cavity which was full of blood and a bullet was recovered weighing 15 gram and 750 ml grams." He opined that the deceased had died due to firearm injury which was ante mortem in nature.;