J.S.KHEHAR,J - (1.) THROUGH the instant order, we propose to dispose of Criminal Appeal No. 259-DB of 1998, filed at the hands of appellants - Naresh and Suraj Bhan, as well as, Criminal Appeal No. 473-SB of 1998 filed at the hands of Naresh, by a common order.
(2.) CRIMINAL Appeal No. 259-DB of 1998 has been filed against the order dated 27.4.1998 passed by the Additional Sessions Judge, Hisar, in Case No. 37 of 1996. By the impugned judgement, the appellants - Naresh and Suraj Bhan have been held guilty for having committed the murder of Dal Bahadur, under Section 302 read with Section 34 of the Indian Penal Code. The appellants have also impugned the order dated 29.4.1998 by which both the appellants - Naresh and Suraj Bhan have been sentenced to undergo life imprisonment under Section 302 of the Indian Penal Code and to pay a fine of Rs. 2,000/- each. The prosecution version of the incident emerges from the complaint made by Krishan Bahadur PW6, the father of the deceased - Dal Bahadur, to the police, on 26.9.1995. In his complaint, Krishan Bahadur had asserted, that he had two sons and one daughter. He alongwith his two sons, was employed at the stud farm at Hisar. While the elder son of Krishan Bahadur i.e. Dil Bahadur was employed on daily wage basis, his younger son Dal Bahadur was employed as a horse attendant. About three years before the date of occurrence of the incident under reference, a quarrel is stated to have taken place between his son Dal Bahadur and accused/appellant - Naresh. The accused/appellant - Naresh is also stated to be a horse attendant at the said farm. On the basis of the complaint made by Naresh in the aforesaid incident, his son Dal Bahadur was challaned, but was subsequently acquitted. It was alleged that the accused/appellant - Naresh was bitter on account of the fact, that Dal Bahadur was not punished. In order to take revenge from Dal Bahadur, the accused - Naresh alongwith his friend Suraj Bhan picked up a quarrel with Dal Bahadur at 11.00 AM on 26.9.1995. The factum of the aforesaid quarrel was communicated to the complainant - Krishan Bahadur PW6 by Sat Pal. On being informed about the quarrel between his son Dal Bahadur, on the one side and the accused/appellants Naresh and Suraj Bhan, on the other, the complainant - Krishan Bahadur PW6 allegedly proceeded towards the place of the quarrel. At the spot, the complainant - Krishan Bahadur PW6 saw his son Dal Bahadur being beaten by the accused/appellants - Naresh and Suraj Bhan. He, accordingly, raised an alarm. On hearing the alarm raised by the complainant - Krishan Bahadur PW6, Ramesh a resident of the stud farm, who was on duty, came to the spot. On seeing the complainant - Krishan Bahadur PW6 and the aforesaid Ramesh, the two accused/appellants Naresh and Suraj Bhan allegedly ran away. When the complainant - Krishan Bahadur PW6 went to the spot where his son Dal Bahadur was lying, he found him to be unconscious, and in a pool of blood, he also found that a number of injuries had been caused on his person by a sharp edged weapon. The complainant - Krishan Bahadur PW6 then allegedly took his son Dal Bahadur in a government vehicle to the MI room located in the stud farm itself, where he was examined by the doctor on duty, and was declared dead. The complainant - Krishan Bahadur PW6 then took the dead body of his son Dal Bahadur to the Government Hospital, Hisar in the same vehicle. Thereafter, while he was on his way to the police to make a report, he met SI Sat Narain PW10 and recorded his statement. On the basis of the statement of the complainant - Krishan Bahadur PW6, FIR bearing No. 511 was registered at Police Station Sadar Hisar in District Hisar, on 26.9.1995.
(3.) ON the completion of the investigation, a challan was presented by the prosecution in the Court of the Additional Chief Judicial Magistrate, Hisar, on 22.12.1995. The Additional Chief Judicial Magistrate, Hisar, concluded that a prima-facie case punishable under Section 302 of the Indian Penal Code was made out against the accused. Since the offence under Section 302 of the Indian Penal Code is exclusively triable by the Court of Session, the Additional Chief Judicial Magistrate, Hisar, by an order dated 22.12.1995 committed the case to the Court of Session.;