- (1.) Accused/appellants Om Parkash @ Badshah son of Sheokaran and Sarwan son of Sher Singh have filed this appeal against judgment and order 8.4.2002/11.4.2002, passed by the learned Additional Sessions Judge, Hisar, vide which they were convicted under Section 302 IPC and sentenced to undergo imprisonment for life each and fine of Rs. 2,000/- each, in default of payment of fine, to further undergo rigorous imprisonment for four months each, whereas co-accused Sukhdev @ Sukha son of Anchal Singh and Anita wife of Ram Dhan were acquitted of the charges framed against them under Section 216 IPC and Section 120-B IPC respectively.
(2.) Ramesh son of Sher Singh, aged about 22 years, approached ASI Mahinder Singh on 23.8.1998, sometime before 11:00 AM and made the statement (Ex.PQ), in which he stated that he is doing work of mechanic in Auto Market, Hisar. On 22.8.1998, at about 6:00 PM, he went to the shop of Sandeep, situated at Surya Chowk for getting his taperecorder repaired. At that time, Sarwan son of Sher Singh and Om Parkash @ Badshah (accused) were present at Surya Chowk on Hero Honda motorcycle. A girl, namely, Anita was sitting between them. In the meanwhile, Subhash son of Nand Ram (now deceased), who was resident of their colony, came there. They stopped the motorcycle being driven by accused Om Parkash @ Badshah and started talking with him. Ramesh (complainant) thereafter went towards the shop of Sandeep for getting his tape-recorder repaired. Subhash and Badshah were talking about the girl sitting on the motorcycle. After getting his tape-recorder repaired, complainant went to his house. He found that Badshah and others had also gone away. At about 11:00 PM, after taking the meals, Ramesh was watching TV at his house. His elder brother Rambir was also sitting by his side. Somebody knocked at the door. He opened the door and saw that Sarwan, Badshah and Subhash were present outside. Same Hero Honda motorcycle was parked there. Badshah asked Ramesh to accompany them for one minute as they had to talk with him. On inquiry by Rambir (complainant's brother), Badshah told him that he would return after two minutes. Thereafter, Badshah started the motorcycle. Ramesh, Sarwan and Subhash were riding the pillion. The motorcycle was straightway taken to the gate of water works. There they alighted from the motorcycle. Then, Badshah gave a blow of dagger type knife, which hit the right hand of Ramesh. Thereafter, he gave one blow on the left cheek of complainant. Ramesh fell down. Then, complainant was given a kick blow. Sarwan caught hold of Subhash. Then, Ramesh was left lying at the spot and thereafter, accused took Subhash with them alongwith motorcycle to the next tank of water works. After sometime, Ramesh (complainant) heard the scream of 'Mar Diya, Mar Diya'. After sometime, the scream stopped. Ramesh got up and went to his house and narrated the entire occurrence to his brother Rambir. Rambir took him to General Hospital, Hisar, for treatment. The doctor provided first aid to Ramesh and discharged him. Thereafter, Ramesh (complainant) accompanied by his brother Rambir went to Nand Ram, father of Subhash, and narrated the whole incident to him. Thereafter, Ramesh and the family members of Subhash searched for Subhash in the area of water works. Next morning, after sun rise, they noticed huge quantity of blood lying on the grass near the water tank.
(3.) Some stains of blood were also present inside the tank. Ramesh suspected that Sarwan and Badshah have committed the murder of Subhash after causing injuries to the complainant and the dead body of Subhash has been dumped in the water tank on account of conversation, which took place on 22.8.1998 between Subhash and Badshah with regard to that girl. Kailash son of Nand Ram, Shiv Kumar son of Radha Kishan, brother of Subhash and other persons were left near the said place of occurrence and Ramesh approached ASI Mahinder Singh at Lahoria Chowk and got his statement recorded. He also produced his MLR before the police.;