G.K.VYAS,J. - (1.) In this criminal appeal filed by the appellants under Section 374(2) Cr.P.C., the judgment dated 30.03.2009 passed in Sessions case No.49/2007 by the learned Addl. Sessions Judge, Anoopgarh, District Sriganganagar is under challenge wherby the learned trial court convicted the accused appellants for offences under Section 302 read with Section 34 IPC and passed the sentence for imprisonment of life along with fine of Rs.1,000/- each and in default of payment of fine to further undergo three months rigorous imprisonment. As per facts of the case, on 18.09.2007 at about 7.30 am PW--1 Sandeep Kumar brother of the deceased Surjeet Ram @ Jeet Ram submitted a written report alleging therein that his brother Surjeet Ram @ Jeet Ram is running a tea shop in front of Gypsum Plant in Rawla Mandi. He used to assist him in the shop. Yesterday on 17.09.2007 at about 10 pm Bhanwar Lal and Om Prakash came to the shop of his brother Surjeet Ram @ Jeet Ram and all of them were consuming liquor, at that time upon an allegation of Om Prakash that Surjeet Ram @ Jeeta Ram is taking commission for providing employment as Driver, some hot discussion took place, therefore, complainant asked his brother to come with him at home, but all of sudden, both the appellants Bhanwar Lal and Om Prakash started beating to the deceased Surjeet Ram @ Jeet Ram. At that time, Harish came there and complainant made efforts for rescue of his brother Surjeet Ram, but Bhanwar Lal sit in the truck No.RJ-07-GA-1509, which was standing there and started the truck and hit his brother. The accused Om Prakash pushed his brother in front of truck, the truck hit the deceased Surjeet Ram @ Jeet Ram due to hit by truck the deceased Surjeet Ram @ Jeet Ram died on spot. As per contention of complainant, after causing injury to his brother, the accused Bhanwar Lal ran the truck behind him, therefore, due to fear the complainant run away from the place of occurrence along with his friend Harish. Upon the aforesaid wirrten complaint filed by the complainant PW--1 Sandeep Kumar, an FIR no.191/2007 was registered by the Sub-Inspector Maniram at Police Station Rawla in the morning at 7.30 am on 18.09.2007. According to Sub Inspector Maniram the complaint was submitted by the complainant on spot because they were already reached on spot after receiving information from one Narayan Singh (PW--13) in the morning of 18.9.2007. During investigation, the dead body of the deceased Surjeet Ram @ Jeet Ram was taken from the place of occurrence to the Primary Health Center, Rawla for postmortem, where medical Board consisting of Dr. Prem Bajaj and Dr. Udai Singh Meena conducted the postmortem and postmortem report (Annx.26) was prepared at 1 pm on 18.09.2007. The said postmortem report was obtained for the purpose of investigation, the site plan Ex.P/4, the blood stained soil and simple soil was also taken in possession from the place of occurrence vide Ex.P/5 at 9.15 am on 18.09.2007, a pair of sleepers of deceased Surjeet Ram @ Jeet Ram were also taken in possession vide Ex.P/6 and one empty bottle of liquor along with glass and some parts of glass were taken in possession from the place of occurrence vide Ex.P/7 alongwith blood stained clothes of the deceased. All the recoveries were made in presence of two witnesses Chiman Lal and Harish.
(2.) The truck No.RJ-07-GA-1509 (Ashok Leyland) was taken in custody vide Ex.P-30 at 5.15 pm on 18.09.2007 in presence of two witnesses Kishore Singh (PW--12) Sub Inspector and Rajendra Singh (PW--14) Constable of Police Station, Rawla. The mud guard of the truck was taken in possession separately after relying upon mechanic Sukhdev Singh vide Ex.P/10 upon which blood was found and accused appellant Om Prakash was arrested vide Ex.P/29 and accused Bhanwar Lal was arrested vide Ex.P/28. The dead body of deceased was handed over for cremation vide Ex.P/8 to his father Ram Kumar (PW--3) and after completion of investigation, charge sheet was filed against the accused appellants under Section 302 / 34 IPC in the court of learned Judicial Magistrate, Gharsana from where the case was committed to the Court of Addl. District and Sessions Judge, Anoopgarh for trial.
(3.) The learned trial Judge after providing an opportunity of hearing framed charge under Section 302 / 34 IPC against the accused appellants, but both the accused appellants denied the charge framed against them and prayed for trial.;