IMPORTANT POINT
Minor discrepancies do not matter when the witnesses do not contradict in material particulars.

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal by special leave is against a judgment and order dated 25.2.2008 passed by a Division Bench of the High Court of Punjab & Haryana at Chandigarh affirming a judgment of conviction and sentence dated 9.9.1998 passed by the Sessions Judge, Rohtak convicting the appellants herein for commission of an offence under Section 302/34 of the Indian Penal Code (for short, "IPC")

3. A First Information Report (for short, "FIR") was lodged on 8.10.1994 at about 5.50 p.m. by Prem Singh (P.W.1) inter alia alleging that Chand Ram, Ajmer and Dilbagh and the appellants (Prem Singh and Karambir @ Pappu) herein were responsible for causing death of his brother Krishan (the deceased).

They were charged under Sections 148 and 302/149 of the IPC.

The prosecution in order to prove its case examined six witnesses.

4. P.W. 1 in his deposition before the learned Sessions Judge stated that on the date of occurrence he was in his Bajra field along with the deceased. At about 1.00 p.m. one Samunder and accused Ajmer were taking their bullock cart through their mustard crop which was objected to by the deceased as a result whereof they were forced to take back the same. They went away threatening to see the deceased later. At about 3.00

p.m. on the same day, accused persons came and started assaulting the deceased. Prem Singh (Accused No.2) is said to have given a jelly blow on the chest of the deceased whereas Karambir @ Pappu (Accused No. 3) inflicted a farsa blow on his head; Chand Ram (Accused No.1) is said to have given a jelly blow on his abdomen whereas Ajmer (Accused No.4) inflicted a jelly blow on his left knee. Dilbagh (Accused No. 5) is said to have given a jelly blow with a lathy on the back of the deceased. While being taken to hospital, the deceased died at about 5.00 p.m.

5. The learned trial judge on analysis of the entire evidence brought on record and after noticing the purported contradictions in the statements of the prime witnesses, namely, Prem Singh (P.W.1) and Baljit Singh (P.W.4) found all of them guilty for commission of murder of the deceased. The High Court, however, while disposing of the appeal preferred by them inter alia on the premise that the injuries attributed to the three others apart from the appellants herein having not been found on the person of the deceased gave them the benefit of doubt while affirming the judgment of conviction and sentence against the appellants.

6. Mr. Anil Agrawal, learned counsel appearing on behalf of the appellant would raise the following contentions before us in support of this appeal:

i. All the accused persons having been charged for commission of murder of the deceased Krishan under Section 302/149 of the IPC and three of them having been acquitted, appellants could not have been convicted under Section 302 of the IPC.

ii. Both the courts below having noticed the serious discrepancies and contradictions in the evidences of P.Ws. 1 and 4, the impugned judgment is wholly unsustainable.

7. Ms. Pragati Neekhra, learned counsel appearing on behalf of the State, however, would support the impugned judgment.

8. P.W. 1 - Prem Singh - was with the deceased from the very beginning. He was a witness to both the stages of occurrence, namely, the act of the two accused to drive bullock cart through the agricultural field where mustard crop had been grown as also the assault on the deceased by all the accused persons which had taken place at about 1.3.00 p.m. Indisputably, the deceased was taken to a hospital. The hospital and the Police Station at Meham was situated at a distance of about 10 kilometers from the village Nidana where the incident had taken place. P.W. 4 -Baljit Singh was also nearby. The deceased was taken to the hospital by a buggi. The FIR was lodged at about 5.10 p.m. and it was recorded at 5.50 p.m. P.W. 3 -Om Prakash Patwari drew the sketch map.

9. As was stated by Dr. Narender Singh (P.W.2), Medical Officer In-Charge of