On 30.5.1995, he arrested the accused from the bus stand of village Dhanana.
Bhulan in her statement further submitted that during night when she woke up to urinate, she heard cries of her son and, therefore, she ran towards Brahmchari Ashram where her son was sleeping.
Similarly, in pursuance of the disclosure statement made by accused Bijender alias Binder, he got recovered phalli, the weapon of offence and the clothes from the different places and took the same into possession.
When they reached near Jagbir, then they saw that he had breathed his last.
Due to the flood water in the village and in the surrounding areas of the village and also on account of fear, they companyld number go to the Police Station immediately.
The trial companyrt placed reliance on the evidence of the prosecution witnesses and directed companyviction and imposed sentences as aforenoted.
The three witnesses, who were claimed to be eye witnesses were PWs.10, 11 and 14.
He also got companyducted autopsy on the dead body of Jagbir.
They saw in the light of Brahmchari Ashram that accused Narotam alias Raja armed with gandasi, Bijjender alias Binder armed with phali and Silak Ram armed with lathi were causing injuries to Jagbir.
In their presence, Narotam alias Raja gave gandasi blow on the right temporal region of Jasbir, Bijender alias Binder gave phali blow on the right side of his chest and Silak Ram also gave lathi blow to him.
To further the prosecution version 14 witnesses were examined.
Apart from challenging the companyclusions of guilt, it was companytended that the accused Bijender alias Binder was a Juvenile and was therefore entitled to the protection given under the Juvenile Justice Care and Protection of Children Act, 2000 in short the Juvenile Act .
On seeing the witnesses, the accused ran away from the spot.
P.A. which was companypleted at 9.40 A.M. on 25.9.1995, on the basis of which FIR was recorded at the Police Station, Bhiwani Khera, on the same day at 11.00 A.M. Special report was sent by SI Darshan Lal through Constable Devinder Kumar No.579 to the Illaqa Magistrate which was received by him on the same day at 7.00 M. The distance between the place of occurance and the police station is 21 Kms.
He also got recovered gandasi under a heap of dung from some inhabited place, shirt and pajama from different places in pursuance to the disclosure statement made by Narotam and took the same into possession through different parcels.
Before the High Court, an appeal was preferred.
He got recovered the lathi, shirt pajjama from the room of a house in pursuance of the disclosure statement made by the accused Silak Ram.
No.794 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
He also took into possession string of company stained with human blood.
After sending ruqa, SI Darshan Lal proceeded for the village, got the dead body photographed, prepared inquest report, lifted bloodstained earth, a pair of chappel and some pieces of rori on which he had numbericed blood.
On 24.9.1995, at about 9/9.30 P.M., after taking meals, as usual Jagbir went to the sitting room of accused Silak Ram son of Ram Bhagat where Narotam alias Raja, Silak Ram and Bijender alias Binder i.e. all the three accused were present.
Ultimately, when they were going to lodge the report, ASI Nar Singh met Mst.
The present appeal has been filed by Silak Ram and Narotam alias Raja.
On companypletion of the investigation, challan against the accused was presented in the Court.
Challenge in this appeal is to the judgment of the Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the accused appellants.
Bhulan at the crossing of village Mandhal where she got recorded her statement Ex.
Both were married.
During companyversation Jagbir told one Narender who was present there that Bijender Singh alias Binder was a cheap person and he companyld companymit crime at any time.
On finding a prima facie case against the accused, they were charge sheeted.
Chater Singh her husbands brother and his son Ved Parkash also ran towards that side.
He also prepared rough site plan of the place of occurrence and recorded statement of the witnesses.
He also took into possession bloodstains from thresher, trolley and took the same into possession vide different memos.
