Kanwaljit Singh Ahluwalia, J. - (1.) Kailash Chandra and his brother Mool Chand were tried by the Court of Additional Sessions Judge, Fast Track No. 2, Jhunjhunu for having caused injuries to Kishori Lal on 27.4.2005 at 6.30 P.M. in Village Sanwala Ki Dhani, Tan Kakarana, P.S. Gudha, District Jhunjhunu. The trial court vide impugned judgment dated 20.10.2006 acquitted Mool Chand co -accused brother of the appellant, by holding that the offence of murder punishable under Sec. 302 IPC has been committed by the appellant alone. Thus, for causing murder of Kishori Lal, vide a separate order of even date appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 500/ -, in default thereof to undergo one month simple imprisonment.
(2.) Banwari Lal Saini (P.W. 18) had submitted a written report (Ex. P.18) before Rameshwar Lal Bagadia (P.W. 21) who was then posted as SHO, P.S. Gudha. The written report (Ex. P.18) on the basis of which formal FIR (Ex. P.19) bearing FIR No. 57/05 was registered at P.S. Gudha, District Jhunjhunu, when translated into English reads as under: - "To, The SHO, P.S. Gudha. Sub.: Registration of Case. Sir, In the above noted subject it is submitted that today on 27.4.2005 at about 6.30 P.M. I was fencing my field with barbed wire. Meanwhile, Kailash Chandra, Mool Chand, Nandu Ram, caste Mali, r/o. Kakarana, Dhani Sawala with common intention, came armed with weapons and opened murderous assault on me and my brother Kishore. My brother is admitted in B.D.K. Hospital. I am presenting the report. Legal action be taken. Sd/ - Banwari Lal Saini"
(3.) From a perusal of the above FIR, and perusal of evidence following facts have emerged: - "(i) Kailash Chandra, Mool Chand and Nandu Ram all three came together, but the prosecution agency had not sent Nandu Ram for trial and only Kailash Chandra and Mool Chand has faced the trial. Mool Chand, as stated earlier, has been acquitted by the trial court. No appeal has been filed against his acquittal. (ii) Though it is stated in the FIR that accused had assaulted Banwari Lal Saini and Kishori Lal, Banwari Lal Saini has not suffered any injury in the occurrence and only Kishori Lal had suffered injuries in the incident.";