MEHTAB S.GILL, J. - (1.) This is an appeal against the judgment of the Additional Sessions Judge, Hissar dated 5.11.1996/7.11.1996 whereby he convicted Vijender Singh, Satbir alias Minka and Sardul Singh alias Dula under Section 302 read with Sections 120-B/34 IPC and sentenced them to undergo various sentences under different sections.
(2.) The case of the prosecution is unfolded by the statement Ex.PN of Tek Chand given to S.I. Mohinder Singh on 24.5.1994 at 2.15 P.M. in Police Station Agroha. Tek Chand has stated that my maternal brother Satbir, Galli, Teka and Ved Parkash son of Gulaba, all residents of village Dharsul had committed the murder of Baba Maheshpuri in 1991. Tek Chand is confined in jail and the other three are on bail. The said case was fixed for today i.e. on 24.5.1994 for evidence in the Court of Shri Pritam Pal, learned Additional Sessions Judge, Hissar. After attending and hearing of the case, Tek Chand and Vedi alias Ved Parkash started for village Dharsul on a Rajdoot motor cycle bearing registration No.HYJ/6165. The motor cycle was driven by Vedi and complainant was sitting on the pillion.
(3.) They had to reach village Dharsul via Agroha. At about 1.30 P.M. when they reached near the houses of Balmikis in village Chikanwas, two young men on a Bullet motor cycle came from the side of Hissar. The driver of the Bullet motor cycle, had fair complexion and was stoutly built. He was wearing a bushshirt of cream colour of check design with half sleeves. The pillion rider of the motor cycle was holding a pistol in his right hand.;