JUDGMENT: C.K. THAKKER, J.

1. Leave granted.

2. The present appeal is filed against the judgment and order passed by the Addl. Sessions Judge, Sirsa on May 5, 2004 in Sessions Case No. 140 of 1999/2003 and partly confirmed by the High Court of Punjab & Haryana on August 17, 2006 in Criminal Appeal No.533-DB of 2004.

3. The case of the prosecution was that the occurrence took place on June 17, 1999 at about 3.30 a.m. In the said incident, one Chhotu Ram @ Lal Bahadur was killed and PW14- Ravinder Kumar-real brother of deceased Chhotu Ram, as also PW15-Sakeela-wife of deceased Chhotu Ram sustained injuries. According to the prosecution, on that day, a telephonic message was received from Civil Hospital, Sangaria Police Station by ASI Hari Ram relating to the incident. He, therefore, reached Civil Hospital, Sangaria to find out whether injured Ravinder Kumar, Chhotu Ram and Sakeela were in a position to give statements. ASI Hari Ram also sent wireless message to the Police Station, Sadar Dabwali. After some time, he received an information that Chhotu Ram, injured had succumbed to the injuries. Meanwhile, PW18-ASI Umed Singh of Sadar Dabwali Police Station reached the hospital at Sang