JUDGMENT :

N.S.SHEKHAWAT, J.

1. The present appeal has been directed against the impugned judgment dated 16.03.2004 passed by the Court of Additional Sessions Judge, (Adhoc), Jhajjar, whereby, the respondents were ordered to be acquitted by this Court.

2. During the pendency of the present appeal, the respondent No.2 died and the appeal stands abated against him.

3. The FIR Ex.PB/1 in the present case was ordered to be registered on the basis of the statement made by Dharampal son of Deep Chand and the same has been reproduced below:-

“Statement of Dharampal son of Deep Chand, Jat, resident of Khanpur Kalan, aged 58 years.

Stated that I am the resident of above mentioned address and do the job of agriculture. I have four children. Two boys and two girls. Earlier my elder son Vijay was employed at liquor vend Khera Thru. However, due to some disputes with other workers he has now started working at the liquor shop of village Bahala. Yesterday, on 15.06.2000 Vijay took Rs. 25,000/- and went to Branch (at Bahala). Yesterday my brother Jagdish informed me at my house at about 9 p.m. that during the day at about 6 P.M. he had gone to see Vijay at village Bahala, where he (Jagdish) came to know that Vijay had gone to liquor vend of village Khera Thru. So I went there and saw that Satish and Umed residents of village Naya Gaon, Randhir Jat, resident of village Bidnoi, Mahender Jat, resident of Dalawass were beating Vijay with Lathis. When I tried to forbade them from beating Vijay, on this, they all ran after with me with lathies in their hands. I had ran away from there saving my life. On this information, I and my brother Jagdish, Daryao Singh son of Phool Singh, Sube Singh son of Phool Singh Jat residents of my village went to liquor vend Khera Thru to enquire about the welfare of Vijay and found that liquor vend was lying locked and also found the dead body of Vijay was lying on mattress (Guddar) in the shed near the liquor vend. There were contusions caused by lathies on entire body of Vijay and also blood coming out from nose. The above said Satish, Umed, Randhir and Mahender due to grudge over liquor vend branch after causing injuries with lathies to death had put his dead body in the shed. Raja Ram son of Hukmi, Narender son of Raja Ram Jat, resident of village Naya Gaon are also partners in this liquor vend branch. They also have conspired in this murder. Due to non availability of any conveyance at night by leaving Jagdish and Daryao, Sube Singh near the dead body I was going to report the matter to the police and you met me. I have got recorded my statement. Heard it. It is correct.

4. After the registration of the FIR, the investigation was conducted by the police and the respondents were ordered to be challaned under Sections 302 and 149 IPC. Since, the offence was exclusively triable by the Court of Sessions, the case was committed and the respondents were charge sheeted for commission of the offences under Sections 302 and 149 IPC. However, the accused pleaded not guilty and claimed to be tried by the trial Court.

5. During the course of trial, the prosecution examined PW1 Sukh Ram, PW2 Ved Parkash, PW3 HC Shamsher Singh, PW4 Om Parkash, PW5 Dharampal, PW6 Sube Singh, PW7 Baljeet Singh, PW8 Babu Lal, PW9 Daya Chand, PW10 Dr. J.S. Punia, Chest Specialist, Civil Hospital, Sonepat, PW11 Jagdish, PW12 Ramesh Kumar, PW13 Om Parkash , PW14 Sheopal, PW15 Raj Singh ASI, PW16 Kaptan Singh, PW17 Sumer Singh, PW18 Rajbir, PW19 Hawa Singh and PW20 Mahender Singh and closed the evidence.

6. The prosecution examined Sukh Ram Patawari, who had prepared the scaled site plan Ex.PA. PW2 Ved parkash, Photographer, had prepared the photographs (Ex. P-1 to Ex. P-5) and also exhibited the negatives as Ex.P6 to Ex.P10. The testimonies of PW3 Shamsher Singh HC and PW4 Om Parkash UGC are formal in nature. The prosecution examined Dharampal complainant as PW5, who reiterated the vers