- (1.) These appeals by special leave have been directed against the judgment and order dated 11.8.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-341, 407, 607 and 772 of 2004 whereby the High Court allowed the criminal appeals filed by the respondents herein and acquitted them from offence punishable under Section 302, 364, 201, 120B of the Indian Penal Code, 1860 [hereinafter referred to as "IPC"].
(2.) The brief facts necessary to dispose of these appeals are that on 9.10.2002, a police party headed by SHO Jaswinder Singh, along with other police officials, was on patrolling duty in the area of truck union, Bhawanigarh. The complainant Gurdip Singh son of Arjan Singh, resident of Village Kasba Bharawal, Police Station Malerkotla came there and got his statement recorded with the SHO Jaswinder Singh, to the following effect: That on the preceding night at about 2:00 a.m., when he was performing his duty at the Dera Kar Sewa, Balad Crossing, Bhawanigarh, he saw the accused persons Bittu, Neetu, Tony, Jagdeep @ Michu and Ashok Kumar @ Rocky (deceased), who were known to him, coming towards the Dera from Bhawanigarh side. In the meantime, Harkesh Kumar (PW-2) who was a resident of Bhawanigarh also came there. Bittu, Neetu, Tony and Michu threw Ashok Kumar (the deceased) on the floor and placed a big stone on his chest. They forcibly closed his nose and mouth after which Ashok Kumar became unconscious. Thereafter, the accused persons dragged him towards the main road, where his clothes were removed and they stuffed his mouth with soil. The complainant and Harkesh Kumar asked the accused persons not to do so. Shortly after that, accused Jaswant Singh also came there on a Maruti Car bearing No.PB-34/1110. He along with other accused, loaded the body of Ashok Kumar in the car on the pretext that they were going to admit him in the Civil Hospital, Bhawanigarh. They threatened the complainant and Harkesh Kumar with dire consequences, if they disclosed the incident to anybody. In the next morning, the complainant and Harkesh Kumar came to know that the dead body of Ashok Kumar and his clothes were lying on the road near the Dera of Baba Sham Giri. Upon this statement of the complainant, a formal FIR was recorded.
(3.) After investigation the Police filed its report and the prosecution presented the challan against the accused persons in the Court of Additional Chief Judicial Magistrate, Sangrur, on 2.1.2003. Thereafter, the case was committed to the Court of Sessions Judge, Sangrur. After considering the material on record and hearing the prosecution and defence, charges under Sections 120-B, 364, 302 and 201 of the Indian Penal Code were framed, read over and explained to the accused persons who pleaded not guilty and claimed for trial.;