The judgment emphasizes the importance of clear and reliable evidence in establishing guilt, especially in cases involving criminal acts and self-defense claims.

Sham Sunder, J

1. This appeal is directed against the judgment of conviction dated 01.12.1999, and the order of sentence dated 03.12.1999, rendered by the Court of Additional Sessions Judge, Jhajjar, vide which, it convicted the accused (now appellants), for the offence, punishable under Section 302 read with Section 34 of the Indian Penal Code, and sentenced them, to undergo imprisonment for life each, and to pay a fine of Rs 2,000/-each. In default of payment of fine, to undergo further imprisonment for a period of six months each.

2. Shorn of unnecessary details, the case of the prosecution proceeded, in the manner, that on 26.02.1996, at about 8.00 A.M., complainant Satpal, alongwith his father Tek Chand, was preparing ridge (dol) of their field, when Ved Pal, his brother arrived, in order to help them. Ved Pal, was present, near the ridge of the field of Mahender, accused. At that time, all the three accused namely Mahender, Bhup Singh and Omeshwar, sons of Rattan Singh, emerged. They were carrying a spear (ballam) each. They raised an exhortation, that they would teach them a lesson for preparing ridge. When Ved Pal, tried to stop the accused, Bhup Singh, accused, gave a spear (ballam) blow which hit his chest, whereas Omeshwar, accused, gave a spear (ballam) blow, which hit his left hand. Ved Pal, fell on the ground, in the onion field of Mahender, accused. On hearing alarm, raised by the complainant and his father, all the three accused fled with their weapons. Ved Pal, succumbed to his injuries, sustained by him, at the hands of the accused.

3. Satpal, left his father, Tek Chand, to guard the dead-body of Ved Pal, and proceeded towards the Police Station, to lodge a report, when the Police party, headed by Chand Mohammad, Assistant Sub Inspector, met him, at Jhajjar turning, Bahadurgarh. Satpal, made a statement, before Chand Mohammad, Assistant Sub Inspector, narrating the aforesaid facts, which was recorded by him. He sent the statement of Satpal to the Police Station, on the basis whereof, the First Information Report, was registered. Thereafter, Chand Mohammad, Assistant Sub Inspector, alongwith Satpal, went to the spot and inspected the same. He lifted from the spot, blood stained earth alongwith the chappals of the deceased. Inquest report of the dead-body was prepared. The dead-body was sent for post-mortem examination. The accused were arrested on 27.02.1996. They were interrogated, upon which, they made disclosure statements, in pursuance whereof, they got recovered a ballam (spear) each. After the completion of investigation, the accused were challaned.

4. On their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, charge under Section 302 of the Indian Penal Code, against Bhup Singh, accused, and under Section 302 read with Section 34 of the Indian Penal Code, against Omeshwar and Mahender, accused, was framed, to which they pleaded not guilty, and claimed judicial trial.

5. The prosecution, in support of its case, examined Raj Pal, Patwari (PW1), who prepared aksh-shajra, PA, after visiting the spot, Assistant Sub Inspector Rambir Singh (PW2), Ranbir Singh, UGC (PW3), Same Singh, Constable (PW4), Hargian Singh, Constable (PW5), Bharat Singh, Head Constable (PW6), Satbir Singh, Retired Inspector (PW7), Mange Ram, Inspector (PW8), Satpal, an eye-witness (PW9), Tek Chand, another eye-witness (PW10), Sukhpal Singh, Constable (PW11), Dr. R.K. Chaudhary, Senior Medical Officer, Civil Hospital, Rohtak (PW12), who conducted the post-mortem examination, on the dead-body of Ved Pal, deceased, Chand Mohammad, Assistant Sub Inspector, Investigating Officer (PW13) and Charan Singh (PW14), who identified the dead-body of Ved Pal, deceased. Thereafter, the Public Prosecutor, for the State, closed the prosecution evidence.

6. The statements of the accused, under Section 313 of the Code