Mr. T.P.S. Mann, J.:- The appellant, namely, Rajesh Kumar, alongwith Dharampal and Narinder Kumar was tried for committing offence punishable under Section 302 read with Section 34 IPC on the allegations that on or about 12.11.2001 and in the area of village Salempur Kohi, they in furtherance of their common intention committed the murder of Shiv Kumar by intentionally causing his death. Vide judgment and order dated 9/12.5.2003, learned Sessions Judge, Yamuna Nagar at Jagadhri acquitted Narinder Kumar of the charge against him, whereas Rajesh Kumar and Dharampal were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life.

2. Aggrieved of his conviction and sentence, Rajesh Kumar filed the present appeal, whereas Dharampal filed Criminal Appeal No.D-629-DB of 2003, which stood admitted and notice issued to the State of Haryana. Complainant Tek Chand also filed Criminal Revision No.1496 of 2003 with the prayer that the sentences awarded to Rajesh Kumar and Dharampal be enhanced and they be also directed to pay fine. Vide order dated 6.10.2003, the Court directed the said revision to be posted for final hearing alongwith the appeals filed by the two convicts. As both the appeals as well as the revision arise out of one and the same judgment of conviction and sentence, they are being disposed of by a common judgment.

3. According to the prosecution, complainant Tek Chand made statement Ex.PG before Sub Inspector Chhatter Pal Singh on 13.11.2001 at 2.30 a.m. at Civil Hospital, Jagadhri to the effect that he was resident of village Salempur Kohi and installed one sugarcane crusher in his land situated outside the boundary of the village. Besides, he was running two shops, one of kiryana (grocery), while the other of cement and fertilizer. He had four sons and one daughter. His son Shiv Kumar was studying in B.A. final in Mukand Lal National College, Yamuna Nagar and coming home village after college hours. On 12.11.2001 at about 8.00 p.m., the complainant after taking meals laid on a cot in the chhappar of crusher, whereas his sons Shiv Kumar and Sushil Kumar laid on separate cots in front of their shops. At about 9.30 p.m., he heard the alarm raised by his son Shiv Kumar that he be saved. The complainant woke up from the cot and saw in the electric light that Rajesh Kumar son of Man Singh, Caste Jat, resident of Rampur Jattan and Dharampal son of Lachhman Dass, Caste Dhiman, resident of Salempur Kohi were grappling with his son Shiv Kumar and giving fist blows and slaps to him. On hearing the noise his other son Sushil Kumar also woke up. The complainant and his son Sushil Kumar tried to rescue Shiv Kumar but within their view Rajesh Kumar gave a blow with a pointed iron rod on the left side of the chest of his son Shiv Kumar. As a result Shiv Kumar fell down and became unconscious. Both Dharampal and Rajesh Kumar ran away from the spot. The complainant transported his son Shiv Kumar in a tractor trolley to Civil Hospital, Jagadhri for treatment but after checking him, the doctor declared Shiv Kumar to be dead. According to the complainant, some time earlier he and his son Shiv Kumar had a quarrel with Rajesh Kumar pertaining to fertilizer. On account of the same, Rajesh Kumar used to nurse a grudge towards the complainant party. Rajesh Kumar, alongwith Dharampal, after quarrelling with his son Shiv Kumar had caused injury to him. As a result, his son had breathed his last.

4. Further case of the prosecution is that as the statement of the complainant revealed commission of offence under Sections 302/34 IPC, SI Chhatter Pal Singh made endorsement Ex.PG/1 on the statement Ex.PG and sent it to Police Station Bilaspur, where on its basis, FIR Ex.PG/2 came to be registered on 13.11.2001 at 3.30 a.m. by MHC Randhir Singh. Special Report sent through Constable Balwinder Singh was received by the Ilaqa Magistrate on 13.11.2001 at 6.00 a.m.

5. During the investigation of the case SI Ch