Amol Rattan Singh, J. - (1.) Two appeals and a revision petition arise from the judgment of the learned Sessions Judge, Sirsa, dated 05.05.2009. Criminal Appeal No. 633 of 2009 has been filed by Vinod and Perhlad, both sons of Gangajal, residents of village Malikpura, District Sirsa, against their conviction by the learned trial Court, for the commission of an offence punishable under Sec. 302, read with Sec. 34 of the IPC and their consequent sentencing to life imprisonment and payment of a fine of Rs. 5000/ - each, in default of which they have been ordered to further undergo rigorous imprisonment for one month each. Criminal Revision No. 2885 of 2009 has been filed by Surjit Kumar son of Jiwan Ram, also resident of village Malikpura, against the acquittal of Mohan Lal and Satpal, both sons of Dhanraj @ Moman Ram, both also resident of village Malikpura, vide the aforesaid judgment. Criminal Appeal No. 1080 -DB of 2009, has been filed by the State of Haryana, also against the acquittal of the aforesaid two persons.
(2.) The facts giving rise to the case, are that on 20.02.2008, Surjit Kumar son of Jiwan Ram, aged about 21 years (petitioner in Criminal Revision No. 2885 of 2009), is shown to have stated before SI Ranbir Singh, SHO, P.S. Odhan, District Sirsa, at that he (complainant) and his uncle, Chhotu Ram son of Ram Kumar, were present at his uncles' shop when they heard a noise at about 1:00 AM and came outside the shop and saw that Vinod Kumar, Perhlad, Satpal and Mohan Lal aforesaid, were dragging his brother, Sandeep Kumar, by holding his hands and legs, towards the house of Sohan Lal son of Mani Ram, caste Jat, resident of village Malikpura. As per the statement (Ex. P15), there was an axe in the hands of Vinod Kumar, an iron rod in the hands of Satpal, "toplin" (Top -link/coupling rod) of a tractor in the hands of Perhlad and a "Gandasi" in the hands of Mohan Lal. The complainants' brother, Sandeep Kumar, was crying and asking the aforesaid persons not to beat him and to let him go. His brother was taken into the house of Sohan Lal and the door of the house was then shut. Upon the complainant and his uncle going after them, they saw from gaps in the door, that all the aforesaid persons were causing injuries with their weapons to Sandeep Kumar, on his head, face and legs and were saying that he should be taught a lesson for coming to the house of Sohan Lal. (It needs to be said here that though the English version of Ex. P -15 shows the statement to read at the relevant part to say that the Gandasi was in the hands of Sohan Lal, the Hindi version, checked from the lower court record, reads to say that it was in the hands of Mohan Lal. Therefore, the name has been taken from the original (Hindi) document, hereinabove.) The statement further goes on to narrate that Sohan Lals' wife, Sunita Devi, was also crying and saying that Sandeep Kumar should not be beaten as he had committed no fault. The complainant and his uncle are stated to have "called" from the outside, but were chased by the four persons named above and therefore, they entered their shop and kept on sitting inside the shop, due to fear. 2 -A. On the rising of the sun, they reached the spot and saw the dead body of Sandeep Kumar lying there, stained with blood and they heard the sound of Sunita Devi weeping, from inside a room which was bolted from outside. After unbolting the door, she was taken out, and while continuing to weep, she disclosed the entire episode. The axe, "Gandasi", iron rod and "toplin" of the tractor are also stated to have been lying there. The complainant, therefore, stated that Vinod, Satpal, Perhlad and Mohan Lal, after hatching a conspiracy, had committed the murder of his brother, for the reason that they all (the complainant and his family) were on friendly terms with Sohan Lal and the complainants' brother, Sandeep Kumar, used to frequent the house of Sohan Lal, which was not liked by the aforesaid four persons and they nursed a grudge on that count, due to which they had murdered his brother.
(3.) The above statement (Ex. P -15) is stated to have been recorded at Bus Stand, Mithri, when the police party was present there at 11.50 a.m., on 20.02.2008. Having been recorded and sent to the Police Station for registration of the FIR, and for sending the special reports to the Area Magistrate and police officers, the SHO is stated to have gone to the spot with a police party, to find a large number of people gathered there. The names of 15 people have been recorded in his report, by the Investigating Officer (aforesaid SHO, SI Ranbir Singh). The said list includes the complainant, Surjit Kumar, his uncle Chhotu Ram, and Sunita Devi, along with 12 others. The said report was exhibited as Ex. P4 before the trial Court.;