The court assigned preponderance to the credible eye witness account over the medical account and deemed the minimal digressions or contradictions in the witness's statements insignificant. The presence of all the accused at the crime site remained unrebutted and uncontroverted.

JUDGMENT

Sureshwar Thakur, J. - Since both the criminal appeals arise from a common judgment, therefore, both are amenable for a common verdict becoming recorded thereons.

2. CRA-D-474-DB-2013 is directed by the convicts- appellants, against the verdict of conviction, as made on 26.03.2013, by the learned Additional Sessions Judge, Hisar, upon, Sessions Case No.65 of 2010, wherethrough, in respect of charges drawn for offences punishable under Section 120-B IPC and under Section 302 of the IPC read with Section 149 IPC, he made a finding of conviction against the accused.

3. Moreover, through a separate sentencing order drawn on 01.04.2013, the learned trial Judge proceeded to impose upon the convict (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner :-

Convicts Subhash @ Makkar, Ram Kumar, Baru Ram and Santro.

4. All the sentence(s) were ordered to run concurrently. The convicts become aggrieved from the verdict of conviction (supra), besides become aggrieved from the above imposed sentence(s), thus, they led to cast thereagainst the instant appeal CRA-D-474-DB-2013 before this Court.

5. CRA-D-1529-DB-2013 is directed by the complainant- Dharampal, against the verdict of acquittal made on 26.03.2013, upon the accused-respondent No. 6-Vikas @ Vicky, by the learned Additional Sessions Judge, Hisar, upon Sessions Case No. 65 of 2010.

Factual background

6. The genesis of the prosecution case becomes encapsulated in the appeal FIR to which Exhibit PH/1 is assigned. The present FIR is lodged at the instance of father of the deceased Satyawan. The informant-complainant Dharampal, has made narrations thereins that that he is resident of village Pabra. In the year 1999 he had purchased 6 acre of land from Subhash son of Datu Ram, resident of village Pabra and sale deed and mutation are in his name. After about three years. Santro wife of Subhash and his sons filed a civil case in civil Courts against him regarding this land on the ground that he had purchased the said land after administering liquor to Subhash and the said case has been decided in his favour. During the pendency of trial of that case, Subhash and his family members convened a panchayat, so that the said land be returned back to them by him. Upon this, he agreed that he would return back the said land on payment of sale amount of the land, but Subhash and his family members did not pay the said amount. It was further alleged that Subhash and his brother Ram Kumar, his wife Santro, his brother in law Baru and Rakesh used to theaten him and his family to return their land otherwise he and his family would be finished. About 8-10 days prior to the occurrence, Vicky @ Vikas came on leave from Jail and threatened him with dire consequences if the land is not returned. On 25.10.2009 at about 7 AM, he alongwith his nephew Ram Phal were going towards their fields situated towards Kinala. His son Satyawan was going at a distance of about half killa from them for answering the call of nature and when he reached near Dasuwala Johar, a Tata Sumo crossed them in a very fast speed and hit Satyawan with force on his back in their presence. His son Satyawan then tried to save himself, the Tata Sumo again tried to hit his son and his son again tried to save himself. In the meantime, Ram Kumar, Baru, Rakesh and Santro alighted from the Tata Sumo and fell him on the ground and Subhash ran over Tata Sumo upon Satyawan and thereafter the said v