The main legal point established in the judgment is the reliance on eye-witness testimony, medical evidence, and the explanation for the delay in reporting the matter to the police to establish the guilt of the appellants.

SHEKHER DHAWAN, J.

Present appeal by accused-appellants, Ashok and Birpal, is directed against the judgment of conviction and order of sentence dated 27.05.2003 passed by learned Additional District & Sessions Judge [Adhoc], Jhajjar whereby the appellants were convicted and sentenced as under:-

Name of the accused-appellant	Under Section	Sentence	In default
Ashok	U/s 304 Part II IPC	to undergo Rigorous Imprisonment for a period of 7 years and to pay a fine of Rs. 3,000/-	to further undergo RI for six months.
Birpal	323 IPC	To pay a fine of Rs.3,000/-	To undergo RI for 5 months.

2. Facts relevant for the purpose of decision of the appeal; that Randhir Singh, complainant reported the matter to the police that his youngest son, Ajit Sigh, aged 35 years was residing with him in Village Badsa. On 26.03.2001 he along with his son, Ajit Singh and Sumitra Devi [wife of Ajit Singh] had loaded the mustard crop in their tractor trolley. They were taking the same to their fields known as Khera wala. Ajit Singh was driving the tractor while complainant Randhir Singh and Sumitra Devi were sitting on the tractor. At about 6.00 P.M. when they crossed the Bus Stand of their village, another tractor trolley being driven by appellant Ashok came from the opposite side. Rajbir, brother of Ashok and Birpal, son of Ashok, were also sitting on that tractor. Ajit Singh asked Ashok to take his tractor aside. There was exchange of words for giving passage to tractor trolley. Rajbir and Birpal got down from their tractor and pulled down Ajit Singh from his seat and gave him slaps and fist blows. Accused Ashok hit an iron pipe on the head of Ajit upon which, he fell down on the ground. When complainant Randhir Singh and Sumitra Devi intervened and tried to save Ajit Singh, Randhir Singh was also attacked by Rajbir, who brought one iron pipe from their tractor and aimed a blow at his head. However, the blow fell at the left eye of the complainant. On alarm having been raised, all the accused ran away with their tractor towards the village. Complainant Randhir Singh arranged a car and took injured Ajit Singh to Civil Hospital, Gurgaon, where he was admitted and was medico legally examined, but his condition was serious. As such, he was referred to Safdargang Hospital, Delhi. The condition of Ajit Singh was turning to be more serious and the complainant Randhir Singh and his family members decided to shift him to a good local hospital instead of going to Delhi. So, they got him admitted in Kalyani Hospital, Gurgaon where his treatment was started. At at 1.15 A.M. (midnight). Ajit Singh died because of the injuries sustained by him.

3. On information having been sent by the hospital, police started investigation and statement [Ex.PH] of the complainant Randhir Singh was recorded. During investigation accused were arrested and Ashok got recovered iron-pipe from store room of his house which was taken into police custody and the case property was sent to the FSL Madhuban.

4. After completion of investigation proceedings, challan was presented in the Court for trial.

5. During trial, learned Court below completed various proceedings of trial including framing of charge against the accused, recording of statements of the witnesses and examination of accused under Section 313 Cr.P.C. After considering the prosecution evidence and the defence evidence on record, learned trial Judge held the appellants guilty and convicted and sentenced them as detailed in para No.1 above.

6. Aggrieved of passing of judgment of conviction and order of sentence, the appellants are before this Court by way of present appeal.

7. At the time of arguments, learned Senior counsel for the appellants contended that the complainant of this case, Randhir Singh died after registration of the FIR (Ex.PH/1) and as such, he could not be exa