The prosecution must prove its case beyond reasonable doubt, and a weak motive can undermine convictions; corroborated evidence must link defendants to the crime convincingly.

JUDGMENT :

SURESHWAR THAKUR , J.

1. Since both the appeal (supra) as well as criminal revision (supra) arise from a common verdict, made by the learned trial Judge concerned, hence they are amenable for a common verdict being made thereons.

2. Both the supra are directed against the verdict drawn on 16.10.2002, upon Sessions Cases No. 13, 14, 15 of 1999/2002, by the learned Additional Sessions Judge, Fast Track Court, Sonepat, wherethrough in respect of the charges drawn for the offence punishable under Sections 148, 302 read with Section 149 IPC, Section 120-B IPC, and under Section 25 of the Arms Act, thus the learned trial Judge concerned, proceeded to make a verdict of acquittal against all the accused.

3. The State of Haryana, and, complainant Ramesh become aggrieved from the above drawn verdict, and, are led to institute thereagainst respectively the instant appeal (supra) and the criminal revision (supra) before this Court.

Factual Background

4. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex. PE is assigned. It is narrated in Ex. PG, that on 17.10.1998 at 1.30 P.M., complainant Ramesh son of Bhale Ram, resident of village Ahulana made a statement to SI Sube Singh, SHO, P.S Ganaur to the effect that his father Bhale Ram had two brothers named Sheo Ram and Duli Chand. Sheo Ram was the eldest brother of his father and Duli Chand was elder to Bhale Ram. Duli Chand had a son namely Mahender Singh aged 46- 47 years. On 17.10.98 he had gone to his field known as Kalar wala in the morning. It was drizzling. He was standing under a kikar tree to protect himself from drizzle when at about 11.15 A.M. Mahender Singh son of Duli Chand and Devender son of Hoshiar Singh, who is the brother of wife of his younger brother Ishwar Singh, came there on a Hero Honda Motorcycle No. HR-06B-1888 on their way to Ganaur from village Ahulana. Ishwar Singh had come to their house for giving Diwali gifts. When they came in front of his field, Mahender Singh stopped the motor-cycle on seeing him. Devender Singh, who was occupying the seat on the pillion alighted from the motor-cycle. Mahender Singh kept sitting on the motor-cycle. He was talking to Devender Singh when Anand, and Yudhvir Singh sons of Ishwar Singh and Suresh Kumar son of Ram Singh residents of village Ahulana reached there in an Esteem Car of white colour. The car was parked by them in front of the motorcycle of Mahender Singh to block the road. In the meantime, Raj Kumar son of Dharma Singh @ Mahal resident of village Ahulana, who was covering himself with a black water proof jacket reached there on his Hero Honda motorcycle of red colour with Bijender @ Kala son of Ishwar resident of Ahulana, who was the pillion rider, from the direction of village Ahulana. Raj Kumar stopped his motorcycle near the motorcycle of Mahender Singh. Bijender @ Kala who was armed with a pistol or revolver fired a shot upon Mahender Singh from behind. Mahender Singh fell down on the left side in the middle of the road with his motor-cycle, on receiving the shot. Raj Kumar then parked his motorcycle and took the pistol or revolver from the hands of Bijender @ Kala and continously fired 4-5 shots at Mahender Singh, who was lying on the road. When he himself and Devender Singh tried to catch hold of them, Raj Kumar threatened to shoot them. After that Anand said that the work has been done and exhorted the assailants to run away. Thereupon, Raj Kumar and Bijender sped away on their motorcycle while Anand, Yudhvir and Suresh Kumar sped in their Esteem car with pistols and revolvers towards Ganaur. When he himself and Devender examined Mahender Singh, they found him to be already dead. There were fired arm injuries on the back of his left shoulder, above the right ear, right temporal region, below right eye and above the forehead. The wounds were bleeding profusely. Leaving Devender near the dead body, he went to village for giving information. He turned to the place of crime wi