Rajive Bhalla, J. - (1.)THIS judgment shall dispose of two appeals, namely, Crl. Appeals No. 365 -SB of 1991 and 366 -SB of 1991, as these arise from the same judgment and order, passed by the Additional Sessions Judge -III, Rohtak.
(2.)THE Appellants, in these appeals, have been convicted under Sections 307, 395 read with Section 397 and Section 34 of the Indian Penal Code. Virender - Appellant was sentenced to undergo RI for a period of seven years under Section 392 read with Section 397 of the Indian Penal Code, and for a period of seven years under Section 307 of the Indian Penal Code. Surinder -Appellant was sentenced to under to RI for a period of five years, under Section 395 of the Indian Penal Code, and for seven years, under Section 307 of the Indian Penal Code. The sentences were ordered to run concurrently.
Ashil Kumar, the complainant, resident of village Bhandani, Tehsil and District Jhajjar was employed as a driver on a cream colour Maruti Van No. DAE 2584, owned by one Malik. On 26.12.1989, at about 8.30 am, while Ashil Kumar was present with his van at the taxi stand, two persons (later identified as the present Appellants) hired his Maruti van for travelling to village Sevali via Lowa and also from Bahadurgarh to Bamnaulli. After leaving Bahadurgarh, the younger of the two occupants told the elder on that they should stop in village Bamnaulli, as he had to receive money from a relative. The elder of the two, however, directed Ashil Kumar to stop the vehicle, once they were outside the village. Ashil Kumar stopped the Maruti Van, as directed at the outskirts of village Bamnauli, a shot distance on the Nizampur road. The elder of the two immediately shot Ashil Kumar in his left ribs, while the younger one drew a pistol. Ashil Kumar opened the door and tried to escape. The two snatched the ignition key of the van and sped towards Nizampur.

(3.)STATEMENT of Ashil Kumar was recorded by SI Sher Singh of Police Station Bahadurgarh at Medical College, Rohtak, the essence whereof has been narrated above. However, he disclosed another fact that the left hand wrist of the younger person was fractured and while travelling with him, they had stopped at village Shidipur Lowa and got the injury dressed from a person whom, the elder of the two, addressed as Chacha. Ashil Kumar also disclosed the age, height and other physical features of the two accused.