MEHTAB S.GILL, J. - (1.) THIS is an appeal against the judgment/order dated 28.11.1997/3.12.1997 of the learned Additional Sessions Judge, Faridabad, whereby he convicted Rashid son of Juhar Khan, Jaikam son of Sheri and Shankar son of Roshan under Sections 302/34 IPC and sentenced them to undergo imprisonment for life. Further they were directed to pay a fine of Rs. 2,000/-. In default of payment of fine to further undergo R.I. for six months.
(2.) THE case of the prosecution is unfolded by the statement Ex.PE of Israil given on 29.1.1995 at 3.40 p.m. at Police Post Uttawar to ASI Ram Niwas. Israil stated, that he is resident of Village Ruprake. On 29.1.1995 a cricket match was going on in the ground of Middle School of their village. He along with Amin son of Lakhpat were present in the ground to see the match. At about 2.30 p.m., Rashid came to Sirajuddin, who was sitting on the chabutara near the railing of the Library room, which was situated near the ground of the school. Rashid touched the buttocks of Sirajuddin with his foot. Sirajuddin objected to it. Thereafter, Shankar and Jaikam caught hold of Sirajuddin from his arms and Rashid on saying that his brother Ajmuddin had insulted them yesterday, took out a knife from the pocket of his pant and inflicted four blows on Sirajuddin below the left nipple of his chest, left armpit, back and hip. Sirajuddin fell down and died at the spot. Fijrudeen had also reached there. They tried to catch hold of the accused, but they fled away.
(3.) ON the basis of this statement, FIR Ex.PE/2 was recorded on 29.1.1995 at 4.10 p.m. and the special report was sent to the Ilaqa Magistrate, Palwal on the same day at 6.30 p.m.;