2. The FIR Ex. PL/2 in the present case was registered on the basis of statement made by Hardayal Chand son of Ram Chander. The relevant extract of the FIR is reproduced below:-

“Statement of Shri Hardayal Chand son of Ram Chander, Caste Brahman, resident of Udarsi, aged about 70 years.

Stated that I am resident of aforesaid address and do agricultural work. My brother Kesho Ram had seven sons. The eldest Dharam Pal and at fourth place was Pawan Kumar. Pawan Kumar did agricultural work. He had a quarrel with Ram Kumar son of Ram Kishan Caste Saini resident of Jhinwarheri, who is posted in Canal Department at bridge of village Udarsi, as Beldar and there was a quarrel between Pawan Kumar and Ram Kumar about ten days ago. Before that also Ram Kumar had given beating to Pawan Kumar many times. On 22.9.2001, Pawan Kumar and Ram Kumar and servant Ramesh son of Bachna Ram, Caste Jhinwer, resident of village Udrasi had gone to Jhansa at about 12.00 noon by riding their motorcycle no.HR-07D-1057. On that day at about 5.30 P.M. Ram Kumar told us by coming in the village that Pawan Kumar while returning from Thansa after putting of his Chappals and parking his motorcycle outside, had jumped into the canal near bridge of Udarsi towards village Salpani. Till today I and my nephew Dharam Pal and Shish Pal and other villagers kept on searching at Bhakra canal and during this period kept on making enquiries from Ram Kumar also. Today at about 2.00 p.m. the dead body of Pawan Kumar floating in the canal has been recovered from Bhakra canal from Jyotisar towards Kirmach. Fresh blood is oozing out from its nose. There are marks of scratches and dragging on noise, forehead and near the eyes. The hair has pulled off from the forehead and there are marks of dragging and he is wearing the same Payjama and shirt. On seeing the dead body, we are fully confident that Ram Kumar firstly gave beating to Pawan Kumar and after that with intention to kill pushed him in the canal. We by putting the dead body near the bank and after identification of the same by me and Dharam Pal, Shish Pal telephoned to the Police station. You have come at the spot. I have got recorded my statement to you, heard it and it is correct. I am near the dead body to guard it. Sd/- English Hardayal Chand Attested by Sd/ English Hanu Ram Assistant Sub Inspector Police Station Jhanda dated 25.9.2001.

Police Proceedings: Today I, Assistant Sub Inspector alongwith Mahesh Kumar Head-constable No.188 and Prithvi Singh U.G.C. No.718, Gurnam Singh Constable No.741 were present in the police station. In the meanwhile a telephonic message was received in the police Station from village Udarsi to the effect that dead body of Pawan Kumar has been found near Jyotisar. Police be sent. As a report in this connection was already registered at No.19 dated 22.9.2001, so I, Assistant Sub Inspector after taking the copy of the report and along with the officials reached at the spot. I got the dead body of Pawan Kumar photographed after getting it out of the water and its identification was also got done. Hardayal Singh aforesaid got recorded his statement to me, which was read over to him in vernacular, who after hearing and understanding his statement and admitting it as correct signed underneath the same in English language. I identify the same. From the statement of Hardayal Chand, offence under section 302 1.P.C. is found to have been committed. Therefore, this write up is being sent to the police station through Gurnam Singh Constable No.741 for registration of the case. After registration of the case, number of the case be informed and special report in the case be sent to the higher officers and Station House Officer be also sent at the spot. I, Assistant Sub Inspector is busy in the investigation. Sd/- Hanu Ram satant Sub Inspector Police Station Jhansa. Dated

25.9.2001. At 3.35 PM. At Bhakra canal Jyotisar.”

3. After registration of the FIR, necessary investigation was conducted by the police. T