R.S. Chauhan, J. - (1.) AGGRIEVED by judgment dated 11.6.2004 passed by the Additional Sessions (Fast Track), Behror, District Alwar, Dinesh Kumar and Dharmveer have approached this court. By the said judgment, the learned Judge has convicted and sentenced the appellants as under: - - "Dinesh Kumar U/s. 302 IPC: Life imprisonment, imposed him with a fine of Rs. 1000/ -, and directed to further undergo six months simple imprisonment in default thereof. Dharmveer U/s. 302/34 IPC: Life imprisonment, imposed him with a fine of Rs. 1000/ -, and directed to further undergo six months simple imprisonment in default thereof."
(2.) IN a nutshell, the case of the prosecution is that on 29.7.2003, Pankaj Kumar (P.W. 1) submitted a written report (Ex. P.1) before the SHO, Police Station Behror, which when translated into English, reads as under: - - "To, The SHO Police Station Behror Sir, Humbly it is submitted that my brother, Virendra Singh, used to work at Hotel Minar owned by Dinesh Kumar and Dharmveer. Last night around 12:00 O'clock at night, Virendra asked Dinesh and Dharmveer to return Rs. 600/ - of his, which he had lent to them. Due to this, there was a verbal altercation and push and shove between them. After this, Virendra left the place on his bicycle. Dinesh and Dharmveer went inside the room, picked up some weapon, and went after Virendra. Dinesh hit him over the head with the weapon. Virendra caught hold of him and fell at the spot. After this, Subhash, Dharmveer, Dinesh and Balveer, Sunil, Raj and Lalit picked him up. Dinesh and Subhash took Virendra, on a motorcycle, to the Behror hospital. The doctors at the hospital declared him dead. The moment I came to know this, I came to the hospital. I noticed that Virendra had a grievous injury on his head. There may be other injuries on his body. But I do not know. After this, we went back to the hotel. In a room of the hotel, we discovered a blood stained shirt and a pant. There was blood on the side of the road. A pair of slippers were lying here and there. A cycle was also there. But it is said that the cycle was placed there later on. Subhash and Balveer working at the hotel, have seen this incident. Two or three other persons, who keep on coming and going they have too seen this incident. These persons have told me about the incident. Therefore, I pray that legal action should be taken, and the guilty should be punished. Sd/ - Pankaj Kumar S/o. Prabhati Lal Yadav, By caste Aheer, Village Kalyanpura, Tehsil Behror, District Alwar." On the basis of this written report (Ex. P.1), the police chalked out a formal FIR (Ex. P.2), namely FIR No. 372/03 for offences under Sections 302, 201 IPC. It started investigation. After arresting both the appellants, a charge -sheet for offences under Sections 302 and 201 IPC was filed before the ACJM, Behror. The case was committed to the Sessions Court, therefrom it was transferred to the learned Judge. The learned Judge framed the charges against the appellants for offences under Sections 302 read with Section 34 IPC. In support of its case, the prosecution examined nineteen witnesses, and submitted forty -eight documents. After completing the prosecution evidence, the learned Judge recorded the statement of the appellants under Section 313 Cr.P.C. Both the appellants claimed that Virendra had met with an accident on National Highway No. 6. He met with an accident on a motorcycle. He sustained injuries in the accident. However, the defence did not examine any witness in its favour. After completing the trial, the learned Judge convicted and sentenced the appellants, as aforementioned. Hence, this appeal before this court.
(3.) MR . Rajesh Goswami, the learned counsel for the appellants, has raised the following contentions before this court: firstly, Virendra had died due to an accident, and not due to any assault made by the appellants.;