JAGAT SINGH, J. - (1.) THESE appeals have arisen out of judgment dated 04th November, 1997 delivered by learned Addl. Sessions Judge, Nohar District -Hanumangarh in Sessions Case No. 9/96 whereby accused Sadhu Ram S/o Kheta Ram was convicted Under Section 302, I.P.C. and was sentenced to life imprisonment alongwith fine of Rs. 1000/ -.
(2.) BOTH these appeals have been filed against the common judgment dated 04th November, 1997 and there being common questions of facts and law involved in the matter and there being common arguments advanced before us, both these appeals are being disposed of by this common judgment, copy of which may be retained in each case file. Brief facts of the case are that on 09th July, 1996 at about 11:30 in the night in village Gandhibadi under Police Station, Bhirani, District -Hanumangarh, one Ramji Lal Chamar, aged about 52 years, was beaten to death by his own cousin brother Sadhu Ram, appellant herein, when the deceased was sleeping in front of his shop. Upon infliction of injury on Ramji Lal, pet dog of the deceased barked, resulting which P.W.1 Man Singh aged about 18 years, son of the deceased, sleeping nearby, as also one. Sadhu Misry, owner of neighbouring shop, who also was sleeping nearby, woke up and saw the accused appellant assaulting deceased by iron 'Bansiya'. Upon their raising hue and cry, accused ran away and was followed by P.W.1 Man Singh and Sadhu Ram Mistry but he made good his escape.
(3.) BOTH these persons came back to the place of occurrence and found that due to injuries inflicted on head and vital parts of body, Ramji Lal breathed his last. P.W.1 Man Singh tried to inform his uncles. Data Ram and Taru Ram but they did not open their doors in the dead of night and therefore, he came back at the site and remained sitting by side of his deceased father along with Sadhu Ram Mistry. In the morning, Data Ram and Taru Ram were informed about the occurrence, who advised Man Singh to inform their eldest brother Ram Kumar (P.W.2), who was residing in the neighbouring village Nathursari. Upon his coming at the site, Man Singh - P.W.1 went to Police Station, Bhirani and lodged FIR Ex. P.1, at 9 AM.;