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The occurrence in which one Raj Karan aged about 23 years was murdered, took place in Village Siwah near Panipat in the State of Haryana. Report of the occurrence was lodged on the same day at about 10.30 a.m. at the police station which is 8 kms. away from the place of occurrence. The copy of the said report was sent to the Area Magistrate under Section 157 of the Cr.P.C. which reached the Magistrate at 11.00 a.m. The deceased along with his 7 other brothers was living in the said village Siwah where they owned their lands. One of his brother Sukhchain Singh (PW1) was a practicing lawyer at Panipat while permanently residing in the village. The deceased and Sukhchain Singh (PW1) were living jointly whereas all the remaining brothers lived separately. In their neighbourhood lived Hardwari Lal and Suraj Mal who were in litigation with each other for partition of the land. As Raj Karan was on visiting terms with Suraj Mal, Hardwari Lal's nephew Bishna and his grand-son Balbir, both accused, had conceived ill-will against Raj Karan, deceased whom they considered as the apple of discord. On the night intervening 2nd and 3rd of May, 1989, Sukhchain Singh (PW1), Raj Karan, deceased and Jai Karan, cousin of PW1 were carrying chaff loaded in a trolley from the fields of the village. At about 4 a.m. on 3rd May, 1989, the deceased after loading the trolley tied it with the tractor and drove it near their house where the chaff was to be stacked in the adjoining rooms. Sukhchain Singh (PW1) and Jai Karan (PW2) were coming to their house on foot by a short-cut passage after Raj Karan had left the fields. After reaching near the house Raj Karan started waiting for his brother and cousin to reach. At that time both the accused persons, armed with lathis (sticks), came out of their house, raised a lalkara declaring that they will teach a lesson to Raj Karan for helping Suraj Mal and finish him. They surrounded the deceased and inflicted lathi blows on his head. The commotion and the noise attracted the attention of Sukhchain Singh (PW1) and Jai Karan (PW2) who saw the occurrence. They saw Balbir and Bishna giving blows on the head of Raj Karan as a consequence of which the injured became unconscious and fell down on the ground. When the witnesses raised hue and cry and sought help of the villagers, the accused persons fled away from the spot with their lathis. Satinder Kumar, another brother of the deceased, also reached on the spot. All the persons present on the spot arranged a trolley and removed Raj Karan in an injured condition to Civil Hospital, Panipat for treatment but at 6.45 p.m. the injured succumbed to his injuries in the Hospital. When the injured was brought to the Hospital, the doctor had sent a note to the Police Station, Sadar, Panipat on the receipt of which Bullan Singh, Assistant Sub- Inspector (PW5) reached the Civil Hospital and recorded the statement of complainant Sukhchain Singh (PW1) at 8.30 a.m. which was later treated as First Information Report and marked Exh. PA/3.

Not relying upon the testimony of PWs1 and 2, the High Court acquitted the accused persons vide the judgment impugned in these appeals. Feeling aggrieved by the judgment of the High Court Criminal Appeal No.57 of 1996 was filed by the complainant and Criminal Appeal No.58 of 1996 by the State of Haryana.

To arrive at the conclusion that PWs1 and 2 were not the eye-witnesses of the occurrence, the High Court noted:

"PW1 Sukhchain Singh stated at the trial that he brought his injured brother Raj Karan to Civil Hospital, Panipat in a tractor-trolley. He was accompanied by Satinder Kumar, Sukhdarshan alias Sukhdev and Jai Karan; but from the medico-legal report, it is shown that injured Raj Karan (since deceased) was brought to the Hospital by Sukhdarshan alias Sukhdev and none else. On the medico-legal report Exhibit PE, in the column "name of relative and friend", the name of Sukhdarshan alias Sukhdev was written. It is again clear from the medico-legal report Exhibit PE that the certificate to the effect that the injured was not previously medico-legally examined was also signed by Sukhdarshan. At the end of the medico-legal report where it is printed as signatures of thumb-impression of private party, there also the name of Sukhdarshan is written. Date of arrival and medical examination of Raj Karan is given as May 3, 1989, 6.30 a.m. by the Doctor. Immediately after the medical examination of injured Raj Karan the doctor had sent ruqa Exhibit PF to the Station House Officer, Police Station Sadar, Panipat, which reads as under:
"To SHO, Sadar, Panipat It is for your information that an unconscious patient Mr.Raj Karan, S/o Sh.Kehar Singh is admitted in G.H. Panipat alleged to have been beaten up by somebody.
Kindly note and take the necessary action.
Sd/-
Doctor 3.5.1989 at 6.35 a.m."

Immediately after receipt of ruqa Exhibit PF from the Hospital in the police station which is admittedly at a distance of about 200 yards from the Hospital, an entry Exhibit PF/1 in the Daily Diary Register was made in the police station which reads as under:

P.S. Sadar Panipat Copy of Rapat District Karnal SI/SHO On receipt of 3.5.1989 Time the ruqa of 6.55 a.m. the Doctor and Departure of ASI At this time a ruqa of the doctor has been received from G.H. Hospital through the Ward Servant with following subject.
It is for your information that unconscious patient Mr.Raj Karan S/o Kehar Singh is admitted in G.H. Panipat alleged to have been beaten up by somebody. Kindly note and take the necessary action.
Sd/-
DOCTOR 3.5.1989 6.30 a.m. FROM THE POLICE STATION: