KAILASH CHANDRA SHARMA,J. - (1.) In both the Cr. Appeals (D.B. Cr. Appeal No.765/2015 and D.B. Cr. Appeal No.876/2015) the judgment dated 5.8.2015 passed by the learned Addl. Sessions Judge, Sangariya, District Hanumangarh in Sessions Case No.24/2013 is under challenged. D.B. Cr. Appeal No.765/2015 has been challenged by the accused appellants Ram Kumar and Kuldeep to challenge their conviction and sentence passed against them by the trial court in Sessions Case No.24/2013 vide judgment dated 5.8.2015 for the following offences : JUDGEMENT_256_LAWS(RAJ)2_2017_1.html D.B. Cr. Appeal No.867/2015 has been filed by the complainant Praveen Kumar wherein a prayer has been made by the complainant-appellant so as to held respondents Ram Kumar and Kuldeep guilty for the offence under Section 302 read with Section 34 I.P.C. instead of 304 Part II and read with Section 34 I.P.C.
(2.) As per brief facts of the case, on the basis of written report (Ex.P/1) lodged by the complainant, the SHO Police Station Sangariya registered FIR no.581 on 8.9.2013 (Ex.P/2) under Section 302 and 34 I.P.C. against the accused appellants Ram Kumar and Kuldeep. In the FIR, the complainant Praveen Kumar alleged that on 8.9.2013 at about 4.00 pm in the evening when he with his father Shahb Ram (deceased) was removing the water tanks from the place, kept reserved for their shop, the accused Ram Kumar and Kuldeep came there, having iron rod in hands and with intention to commit murder of his father Shahb Ram and inflicted injury by the iron rod. The accused Kuldeep inflicted injury upon head, which is vital part of the body of his father by iron rod and as a consequence thereof, his father fell down, at that time, when complainant tried to rescue his father, accused Kuldeep inflicted injury upon his head by iron rod. Due to injuries caused, he fell down. The complainant Pradeep Kumar took his father to the Sangariya Hospital for treatment where doctor declared his father dead.
(3.) After commencement of investigation, the investigating officer first of all conducted investigation at the place of occurrence and thereafter went to the hospital. The details of dead body were recorded in the Government Hospital, Sangariya on 19.9.2013 vide Ex.P/4 in the presence of two witnesses Prithvi Ram and Surendra Nath. The Panchayatnama of the dead body was also prepared on the same day in front of four witnesses. The accused Ram Kumar was arrested on 9.9.2013 vide Ex.P/17 and accused Kuldeep was arrested on 17.9.2013 vide Ex.P/18. After arrest, an information was given by the accused Kuldeep under Section 27 of the Evidence Act on 17.9.2013 at 4.00 am, in pursuance of said information, the iron rod was recovered on 17.9.2013 at 5.00 pm vide Ex.P/6. The site plan of the place where iron road was recovered was also prepared vide Ex.P/7 and details of site were recorded vide Ex.P/7A. No weapon was recovered from accused Ram Kumar.;