S.S. Saron, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS order will dispose of Crl. Misc. No. 47499 -M of 2007 filed by Roshan Lal and Karambir @ Bhirda and Crl. Misc. No. 47513 -M of 2007 filed by Jora Singh. The FIR for the offences under Sections 302/34 IPC has been registered on account of the death of Phool Singh. The FIR has been registered on the statement of Dholi wife of the deceased -Phool Singh. Two statements of the complainant -Dholi were recorded. Initially, a statement was recorded on 15.06.2006. Thereafter, she gave a supplementary statement on 20.06.2006 in which she inter alia stated that she had been inquiring about the cause of death of her husband and on 20.06.2006, Chander son of Phool Chand who is the uncle of her husband told her that on 14.06.2006 i.e. on the day of occurrence, he had seen that Dharma, Karambir @ Bhirda and Baru son of Mange Ram were quarreling with Phool Singh (deceased). Baru gave fist blows on Phool Singh whereas Jora Singh and Roshan Lal who were armed with dandas were giving danda and fist blows on Phool Singh.
(3.) IT may be noticed that during examination of Dholi as PW1 during trial, she did not support this version and was declared hostile by the Public Prosecutor. Even Chander son of Phool Chand, who had stated regarding the injuries caused by the accused to Phool Singh, while appearing as PW, has not supported the prosecution case and was declared hostile. Besides, Baru who caused fist blows has been granted the concession of bail by this Court vide order dated 25.05.2007 passed in Crl. Misc. No. 19986 -M of 2007.;