Mr. Mahabir Singh Sindhu , J .:- By a common judgment, two connected cases i.e. CRA-D- 625-DB-2003 and CRA-S-1451-SB-2003 filed by the convicts-appellants are being disposed of being arising out of the same impugned judgment of conviction dated 11.6.2003 and order of sentence dated 13.6.2003, passed by the learned Additional Sessions Judge (Ad hoc), Hisar for committing the murder of Dhira @ Randhir and causing injuries to Om Parkash.

2. The appellants were prosecuted on the basis of the statement (Ex.PF/2) made by Parkash @ Om Parkash on 11.8.2001 which reads as under:-

“Stated that I am the resident of above noted address and carry on agricultural pursuits; About one and half months ago, I had purchased a house for a sum of Rs.28,000/- from the brother of Paras Ram Behrupia, which is situated in Ward No.8 of Barwala; In front of that house, Dalbir Singh Fauji was residing with Smt. Chander Naik as her husband. He also wanted to purchase this very house; On this count, he used to nurse grudge against me. I live all alone in this purchased house.

Yesterday, on 10.8.2001, at about 8.00 p.m., in this house Dhira @ Randhir Sikngh s/o Nainu Ram and Ram Kumar son of Jai Lal caste Balmiki, were sitting in the courtyard and were chatting with each other; That at this very juncture, Dalbir Singh Fauji resident of Singwal, District Jind, now resident of Ward No.8, Barwala, Raj Kumar s/o Hari Kesh, caste Balmiki, resident of Ward No.8, Suresh S/o Kamra, Behrupia, resident of Ward No.5, Mahavir son of Bhuria, caste Naik, resident of Ward No.7, one son of Randhir Singh Behrupia, and one boy whose name I do not know, but can identify him on production before me, while holding lathies in their hands came to us, in the house; Dalbir Singh raised a lalkara “Dushman Kaabu Aa Gaye Hain Bach Kar Nahin Janey Payen”. While uttering these words, Dalbir Singh Fauji, who was holding lathi in his hand gave two lathi blows on the head of Dhira @ Randhir Singh; As a consequence, Dhira @ Randhir fell down on the ground. In the meanwhile we raised an alarn of “Maar Diya Maar Diya”, upon this Jai Singh son of Sh. Sujaan Singh, Caste Jat, resident of Uchana-Khurd, now resident of Barwala also reached our house in order to save us; Then Raj Kumar gave a lathi blow on my head on the front side; Suresh dealth a lathi blow more on the back side of my head; Jeet Singh death a lathi blow on my right thigh, Mahabir dealt a lathi blow on Dhira @ Randhir Singh on his abdomen and son of Randhir Singh Behrupia also gave kick blows to me and Dhira @ Randhir and when I and Randhir Singh were being caused injuries by the abovesaid persons, then Ram Kumar and Raja finding an opportunity slipped away and thereafter Jai Singh after arranging for conveyance got us admitted in Janta Hospital at Barwala; On the spot, Bharat Singh son of Shri Mai Lal, caste Jat, resident of Badhwar, now resident of Barwala also reached, who took Dhira @ Randhir Singh to his house from where Kailo wife of Dhira @ Randhir Singh had taken him along for medical treatment. He was shifted to Janta Hospital at Barwala where the Doctor also admitted him as well. After giving us injuries, all the assailants alongwith respective weapons had fled away from the spot; I and Dhira @ Randhir Singh have been caused injuries without any rhyme and reason; Action may be taken against them according to law. Now I have got my statement recorded with you, which I have heard and the same is correct.”

3. On the basis of above statement of Om Parkash, initially FIR No.204 dated 11.8.2001 under Section 308/454/323/148/149 IPC was registered at Police Station Barwala and accused were arrested. On interrogation, accused Mahabir made a disclosure statement that he had kept concealed a lathi in his house behind the Iron box and after digging underneath he got recovered the same which was taken into possession vide Ex.PW/1. Accused Ajit Singh @ Jit Singh also made a disclosure statement that a lathi had been kept con