Background facts in a nutshell are as under On 1.2.1994 Sushila Devi PW 14 along with her brothers Purshotam hereinafter referred to as deceased and Yashbir PW 13 boarded a train at Sakurbasti Delhi at 6.30 p.m. for companying to Rohtak for treatment of Yashbir in Medical College and Hospital, Rohtak.
When the train was in motion between Railway Stations Dehkora and Sampla, four unidentified and unknown persons description of whom were given in the report Ex.
Yashbir PW 13 who was sitting by the side of Purshotam got up and proceeded towards that man and was able to caught hold of his hand in which he was having a knife.
PU , and took into possession the clothes of the deceased and Yashbir PW 13 , vide recovery memos Ex.
Udey Raj PW 2 , Assistant Station Master received a telephonic message from Control Room Delhi, with regard to the firing incident.
Meanwhile the said youngman again shouted asking Purshotam to hand over money and when Purshotam was in the process of handing over the money, the youngman with one hand snatched the money and gave a knife blow to the deceased in his abdomen.
The High Court brushed aside the stand of the State and as numbered above directed acquittal.
However, Purshotam succumbed to the injuries on the way to M.C.H. Rohtak.
When the train reached Railway Station, Rohtak, police officials were deputed to guard the companypartment.
Some of the pellets also hit another passenger Ashok Kumar.
PB/2 he sent the same to the police station for registration of a case and on its basis formal FIR Ex.
He sent message Ex.
On companypletion of investigation charge sheet was placed and since accused persons claimed trial, they were put to trial.
Deceased Purshotam asked him to wait.
He also prepared inquest report Ex.
With the help of Sajjan Singh PW 3 , both Purshotam and Yashbir injured were taken to Civil Health Centre, Sampla and then to Medical College and Hospital, Rohtak.
When the train slowed down near Sampla Railway Station, both the persons who had caused injuries and the other two accused persons got down from the companypartment and fled away.
PB/2 was recorded.
He took into possession blood, pellets and empty cartridge from the companypartment vide memos Ex.
The other appellant fired a shot from the pistol hitting Yashbir PW 13 .
SI Manohar Lal, PW 11 then went to Railway Station, Rohtak and inspected the companypartment.
PB/1 on 1.2.1984 at Medical College and Hospital, Rohtak and making his endorsement Ex.
On receipt of the injury, Purshotam fell down.
He recorded the statements of the witnesses.
SI Manohar Lal PW 11 , recorded the statement of Sushila Devi Ex.
13/14 the trial Court recorded companyviction and imposed sentences as numbered supra.
On the basis of the evidence on record, more particularly, identification by eye witnesses PWs.
PR and PR/1.
PN and PM respectively.
J U D G M E N T Dr. ARIJIT PASAYAT, J Challenge in this appeal is to the judgment rendered by a Division Bench of the Punjab and Haryana High Court directing acquittal of the respondents who were found guilty of offences punishable under Sections 302 and 394 read with Section 397 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo life imprisonment and 10 years respectively.
PD/1 allegedly entered into the companypartment where deceased along with Yashbir and Sushila Devi was sitting and one of the assailants stood near deceased and shouted to take out whatever they had in their possession.
PA to Station House Officer, Police Station, Government Railway Police, Rohtak.
