JUDGMENT :

Jasjit Singh Bedi, J.

1. This order shall dispose of two criminal appeals i.e. CRA-48-DB-2005 preferred by the accused-appellant, namely, Inderjit Singh against the judgment of conviction and order of sentence dated 04/07.12.2004 passed by the Sessions Judge, Sangrur and the other appeal bearing No. CRA-172-DB-2005 preferred by the accused-appellant, namely, Yash Kamal against the judgment of conviction and order of sentence dated 04/07.12.2004 passed by the Sessions Judge, Sangrur.

2. The FIR in the present case came to be registered on 02.07.2003. The judgment of conviction and order of sentence was passed on 04/07.12.2004 passed by the Sessions Judge, Sangrur. The appeals preferred against the aforesaid judgment of conviction and order of sentence have come up for final hearing now i.e. after a period of 21^1/2 years from the date of registration of the FIR.

3. For the sake of convenience, the facts being are taken from CRA-48-DB-2005.

4. The present case was registered on the statement Ex. PE of Surinder Kumar (PW3) resident of Sunam. Devinder Kumar, now deceased was his son. According to statement Ex.PE of Surinder Kumar, a day prior to 01.07.2003, there had been an altercation between his nephew Om Parkash and accused Yash Kamal regarding a mobile phone as Yash Kamal was not returning the mobile phone which he had taken from Om Parkash. On 01.07.2003 at about 10.00 p.m., Yash Kamal and Inderjit Singh accused were having an altercation with Devinder Kumar now deceased and Kamal Kant (PW4), regarding the abovesaid mobile phone near Mata Modi park. There was an electric light on a nearby transformer. Surinder Kumar (PW3) who had come to call his sons also reached there. Within his sight, Inderjit Singh accused grappled with Devinder Kumar from his legs and simultaneously accused Yash Kamal took out an iron patti from the pocket of his pant and with an intent to kill Devinder Kumar gave a blow with the iron patti on his left flank. Devinder Kumar fell on the ground. He (Surinder Kumar PW3) and Kamal Kant (PW4) raised alarm of 'Na Maro Na Maro' and hearing their raula, Inderjit Singh accused left Devinder Kumar. Accused Yash Kamal gave a kick blow to Devinder Kumar and both the accused fled with the weapon. While escaping, they remarked that Devinder Kumar was to be killed that day but he was saved. According to Surinder Kumar (PW3), the motive for this occurrence was that Yash Kamal accused did not want to return the mobile phone to Om Parkash.

5. Surinder Kumar (PW3) and Kamal Kant (PW4) shifted Devinder Kumar to Civil Hospital, Sunam from where the doctor referred him to Civil Hospital, Sangrur, for treatment as the condition of the injured was precarious. Surinder Kumar took Devinder Kumar to Dayanand Medical College and Hospital, Ludhiana and after getting him admitted there, he returned to Sunam, when at about 4.00 a.m., on 02.07.2003, a police party headed by ASI Sher Singh PW-8 met him near bus stand Chowk, Sunam to whom Surinder Kumar made a statement Ex.PE.

6. ASI Sher Singh (PW8) made his endorsement Ex.PE/1 on the said statement and transmitted it to Police Station, Sunam where the present case was initially registered under Section 307 IPC. He himself took up the investigation and reached the place of occurrence, inspected it, prepared the rough site plan Ex.PP with correct marginal notes. He lifted bloodstained earth and put it into a box and made it into a sealed parcel and took the same in possession vide memo Ex.PF. In the meanwhile, Devinder Kumar died in hospital and on receipt of information of his death, SHO Deepak Rai (PW9) reached the spot. He then took up the investigation of the case and offence was converted to Section 302 of the Indian Penal Code. He sent HC Gurmail Singh to Ludhiana for bringing the dead body. HC Gurmail Singh brought the dead body of Devinder Kumar from DMC, Ludhiana to Civil Hospital, Sunam on 02.07.2003 itself. SI Deepak Rai (PW9) reached there, prepared inquest report Ex.PC