JUDGMENT :

SANJAY KISHAN KAUL, J.

1. On the fateful date of 28.7.1994 at 3 a.m., Jaibir @ Gabbu (for short ‘deceased’) was murdered. An FIR was registered on the same date by one Surender (PW-7). The prelude culminating in the incident has been set out in the FIR.

2. The residential house of the deceased was under-construction, at Modawala Bagh in Bhiwani. A group of friends – Surender (PW-7), the deceased, Ajay Bhan (PW-8), another Surender S/o Rajender Singh (not examined), Sandeep (not examined) and Narender (not examined) were sitting and consuming liquor in one of the rooms of the under construction house. It appears that the liquor possibly fell short, as the deceased asked Sandeep to bring half a bottle of liquor from the English vend. After some time, the remaining friends who were in the room heard raised voices of Sandeep. In order to enquire as to what was transpiring, Surender (PW-7/complainant), the deceased and Narender went towards the liquor shop. In the proximity of the liquor shop, near the tea shop of Naresh Kumar, these three persons saw accused Krishan and Vidhya Rattan (original accused No.3/appellant [Appellant in Crl.Appeal No.300/2010]) abusing and quarrelling