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"Shorn of unnecessary details the facts of the prosecution case are that on 20.03.2000 a telephonic message was received from General Hospital, Sonepat about the receipt of dead body of Ajit Singh son of Mange Ram. Thereafter Sub Inspector/ Station House Officer (SI/SHO) Sahab Singh went to Civil Hospital, Sonepat and recorded statement Ex. PB of complainant Surender, wherein it is stated by him that on 16.03.2000 there was panchayat election in their village. An altercation had taken place in between his brother Ajit Singh (since deceased) and accused Rakesh. On the day of occurrence at about 5 p.m. he was coming as a pillion rider on motor cycle along with his brother Ajit. When they reached near the house of accused Dharampal, the accused came from inside i.e. Dharampal, Rakesh and one Yogesh. They stopped their motor cycle and accused Dharampal asked to teach lesson to Ajit regarding altercation on the election day. Thereafter, accused Dharampal and Yogesh caught his brother. Rakesh took out a knife from the right side 'dub' of his pant and gave two knife blows on the chest of his brother. On hearing noise PWs Jai Kishan and Karambir also came to the spot. On seeing them accused ran away alongwith the respective weapons. When they were bringing his brother Ajit to the hospital he breathed his last near the canal."

Process of law was set in motion on a statement made by Surender Singh (PW5), brother of the deceased, which resulted into registration of an FIR (Ex. PB/1) against the above accused on March 20, 2000, in Police Station Rai, district Sonepat. The statement of Surender Singh (PW5) was recorded in Civil Hospital at Sonepat by SI Sahab Singh (PW9). Thereafter, the Investigating Officer went to the spot, took into possession a motor-cycle and blood-stained earth against recovery memos. A rough site plan of the place of occurrence (Ex. PH) was also prepared. He again went back to the hospital, got the dead body snapped, prepared an inquest report (Ex. PJ) and sent the dead body for post-mortem examination, which was conducted by Dr. S.S.Bhogal (PW10) along with Dr. R.N. Tehlan on March 21, 2000, at 9.50 AM. Following injuries were found on the person of the deceased:

"I am innocent. Deceased Ajit was a professional criminal. Prior to the occurrence several cases were pending against him. He was having the company of criminal boys. On that account they became his enemies.

On 20.03.2000 Billu son of Chander Bhan and Ajit son of Rajinder, resident of Rathdhana were going on a motor cycle. A fight took place between them and deceased Ajit. He (accused Rakesh) remained admitted as indoor patient in Mukhi Hospital, Sonepat from 18.03.2000 to 21.03.2000"

Similar defence was taken up by appellant No. 2. They also led evidence in defence. Dr. Pardeep Kumar (DW1) was brought in the witness-box to show that on the date of alleged occurrence, i.e., March 20, 2000, appellant No. 1 was admitted in Mukhi Hospital at Sonepat.

The trial Court on appraisal of evidence came to a conclusion that the prosecution was successful in bringing home guilt of the appellant

-accused. Accordingly they were convicted and sentenced as found mentioned in earlier part of this order. Hence this appeal.