The main legal point established in the judgment is the reliance on inculpatory evidence to determine the circumstances of the deceased's death and the negation of the exculpatory plea presented by the accused.

JUDGMENT

Sureshwar Thakur, J. - Since both the criminal appeals arise from a common verdict made on 30.03.2019, upon Sessions Case No.08 of 2014, instituted on 14.03.2014, by the learned Additional Sessions Judge, Fatehabad, thus both the criminal appeals are amenable for a common verdict being made thereons.

2. Through the impugned verdict (supra), the learned Additional Sessions Judge concerned, made a verdict of conviction in respect of offences punishable under Sections 323, and, 304 II of IPC read with Section 34 of IPC against the accused. Moreover, the learned Additional Sessions Judge concerned, also made a verdict of acquittal upon accused in respect of an offence punishable under Section 325 of IPC read with Section 149 of IPC. Moreover, through a separate sentencing order drawn on 30.03.2019, the learned trial Judge concerned, imposed upon the convicts the hereinafter extracted sentence(s).

3. The above sentence(s) were ordered to run concurrently. However, the period spent in custody by the convicts during investigations, and, trial of the case, was in terms of Section 428 of the Cr.P.C., ordered to be set off from the above imposed substantive sentence of imprisonment.

4. All the convicts (supra) become aggrieved from the above made verdict of conviction, besides become aggrieved from the consequent therewith sentence(s) (supra), as became imposed upon each of them, thus they are led to institute thereagainst the instant appeals (supra) before this Court.

FACTUAL BACKGROUND

5. Brief facts of this case are that complainant Shamsher Singh son of Babar, resident of village Kharal, P.S. Gari, Tehsil Narwana, District Jind (hereinafter referred to as "the complainant" for brevity) filed the instant complaint (Ex.P20) under Sections 302, 323, 325, 201, 202, 209, 120-B, 191, 192, 193, 217, 218, 219, 148 and 149 of IPC against accused Rajinder Kumar etc. referred above, in the court of Illaqa Magistrate at Tohana. Complainant alleged that on 15.5.2008, his brother Dalbir Singh (since deceased) son of Babar Singh had gone from village Dhamtan Sahib to Beas Dera. He was to board a train from Jakhal at about 8.15 PM. On 18.5.2018, Ranbir Singh, EHC No.423 (accused No.2) came to his house and told that one member of the complainant family was lying admitted in PGI M.S. Rohtak. Thereupon, he (the complainant) and others went to PGI M.S. Rohtak. It is further case of the complainant that his brother was lying admitted there and was not identifiable from his face. Every body part of his brother Dalbir had injuries thereon. Complainant inquired from his brother about the injuries but Dalbir Singh could not speak and placed his (complainant's) hand on his (Dalbir) chest only. Complainant further alleged that he realized that there were injuries to his brother Dalbir on the chest as well. Thereafter, the complainant and others contacted the doctor who told that there were serious injuries on the head as well as on the chest of Dalbir Singh. There was clotting of blood in the head due to serious/excessive injuries and surgery for head was required. Complainant further alleged that a panel of doctors operated Dalbir for his head injury. The condition of Dalbir Singh became more serious and ultimately, he expired at about 4.00 PM on 20.5.2008. The post mortem examination on the dead body of Dalbir was conducted at PGI M.S. Rohtak at about 5.00 PM on 21.5.2008. The dead body was handed over to Bansi Constable No.1554 of Police Station, Civil Line, Hisar, who handed over the dead body of Dalbir Singh to him and others. It is further case of the complainant that a case bearing FIR No. 92 dated 16.5.2008 under Section 294 IPC, Police Post, GRP Jakhal was registered against his brother Dalbir Singh. Complainant also came t