Gurvinder Singh Gill, J. - (1.) Ramesh, Kuldeep, Vinod and Ashok have filed above mentioned appeals challenging judgment dated 25.9.2009 passed by learned Additional Sessions Judge, Rohtak whereby they have been held guilty for committing offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short, 'IPC'). All the appellants have been sentenced to undergo rigorous imprisonment for life and to pay fine of ' 10,000/- vide order dated 30.9.2009.
(2.) The matter arises out of FIR No.225 dated 4.9.2007 registered at Police Station Meham under Section 302 read with Section 34 of IPC at the instance of Ramesh Kumar son of Manphool Singh (brother of deceased). The translated gist of his statement (Ex.P-5) reads as under :- "I retired from Army and am presently doing agricultural work in my village. We are four brothers. While Inder Singh is the eldest, Suresh is younger to me and Nasib was the youngest. Previously Nasib was into agriculture but now he was working with wine contractors in the village. About 10-12 days back, my brother Nasib had got Ashok and Vinod sons of Rampal arrested for keeping illicit liquor but I got them released. However, the said persons nursed a grudge in their mind. Yesterday, i.e. on 3.9.2007, my brother had gone to Dhanak Basti to collect dues. I and my cousin Dharambir had also gone to Dhanak Basti where we heard noise from the plot of Phool Kumar son of Jage Ram. We rushed to the spot and saw that my brother Nasib had been caught hold of from his left hand by Vinod. Ramesh had caught hold of my brother from his right hand while Kuldeep held my brother from his legs and had thrown him on the ground. Ashok gave a blow to Nasib with iron 'sua' on right side of his chest. I and Dharambir rescued him with great difficulty. It was about 6.30 P.M. We took him to Medical College and Hospital, Rohtak for treatment where we also met my son Kapil. However, Nasib breathed his last and was declared dead. After keeping his dead body in the hospital, we returned back. Today, I have got my statement recorded."
(3.) Pursuant to recording of aforesaid statement, FIR was lodged. Dead body was subjected to postmortem examination. Inquest proceedings were conducted by the police. The police visited the place of occurrence and prepared rough site plan and also recorded statements of witnesses. Accused Kuldeep and Ramesh were arrested on 4.9.2007 and 8.9.2007 respectively. Accused Vinod and Ashok surrendered in court on 6.9.2007.;