JUDGMENT

Aftab Alam, J. —

1. These appeals are directed against the judgment of the Punjab and Haryana High Court dated January 8, 2008 in Criminal Appeals Nos. 206 & 207-DB of 1998, confirming the appellant’s conviction under section 302 of the penal code and the sentence of life imprisonment awarded to him by the trial court for having committed the murder of one Dinesh.

2. The case of the prosecution that led to the sentencing of the appellant is based on the statement of Harkesh (PW-2), one of the brothers of Dinesh, made before Bhup Singh SI/SHO of Sadar Palwal PS (PW-8) at 7.20 am on June 24, 1995 at Palwal hospital where he had brought the dead body of Dinesh.

3. In his statement before the police Harkesh said that at about 6.15 in the morning he along with his two younger brothers, Suresh Kumar (PW-6) and Dinesh (the deceased) was sitting on the chabutra of their baithak in village Gailpur, when Dinesh proceeded for his house to bring the clothes for getting ready to go to Faridabad, where he was due to appear in the B. Ed examination. As he reached the chaupal, where the lane turned, he was waylaid by the accused Hari Kishan (the appellant) and Rambir who were armed with k