- (1.) The subject matter of challenge in this appeal is the judgment dated January 16, 1988 rendered by the designated Court, Rohtak disposing of two cases, being Sessions Case No. 280 of 1986 and Arms Act Case No. 281 of 1986. By the impugned judgment the Designated Court convicted the three appellants before us under section 302 read with Section 34 Indian Penal Code (two counts) and also convicted one of them, namely, Raj Kumar under Sections 25 and 27 of the Arms Act, 1959 read with Section 6 of Terrorist and disruptive Activities (Prevention) Act, 1985.
(2.) Xx xx xx (A) According to the prosecution case on March 20, 1986 at or about 6.30 P. M the three appellants waylaid Attar Chand and jaggar, who were the Sarpanch and Panch respectively of village Nigana and with whom they had previous enrnity, near a field which was at a distance of 3 Km. from the village abadi. Of the appellants Ballu was carrying a dau, Jagdish a sario (iron rod) and Raj kumar a pistol. While Raj Kumar stood as if he was ready to shoot, the other two struck attar Chand and Jaggar with their respective weapons resulting in their instantaneous death. (B) In that night - at or about 8.30 P. M. when Satram Dass (Public Witness 11) , brother of attar Chand, came back home and found that the latter had not returned home till then, he went in his search. He first went to the house of Jaggar and learnt that he had also not come back. He then, accompanied by one Matha Ram, went in their search and ultimately found their dead bodies lying in the field outside the village. He returned to his village and contacted Satram Dass Batra (Public Witness 9) , a former M. L. A. of Kalanaur over telephone and told him what he had seen. On receipt of that information, Satram Dass Batra went to Kalanaur Police Station at 2 A. M. and lodged a report which reads as under : "i am a resident of Kalanaur. I am an ex. M. L. A. Today at 1.30 in the night, i received a telephone message from satram Dass son of Vir Bhan Batra, resident of Nigana, to the effect that dead bodis of Sarpanch Attar Chand son of Vir Bhan, caste Batra, and jaggar son of Ramji Lal, caste Harijan chamar, residents. Nigana, were lying at two places in the gram crop of satram Dass near the johri of Dalip. The dead bodies had sharp edged weapon injuries on the faces and heads and both of them were lying in a pool of blood. Somebody had murdered them. I have come to inform the police. Action may be taken. " (C) On the basis of that report SI Mange ram (Public Witness 16) registered a case and left for the spot. Reaching there at 3 A. M. he found the two dead bodies of Attar Chand and jaggar and after conducting inquest proceedings sent the bodies for post mortem examination. Near the bodies he found topa, sweater, parna, chaddar, a blood stained saria and one shoe which would fit the right foot. He seized those articles along with some blood stained earth found there. He also found some foot prints at the spot and prepared their moulds. (D) It is the further prosecution case that on April 7, 1986 appellant Jagdish approached karam Chand (Public Witness 10) , Sarpanch of village Kherari, and made a confession regarding the two murders and requested him (Karam Chand) to take him to the police station. Karam Chand then took him to SI mange Ram (Public Witness 16) who placed him under arrest. The paijama and kurta, he was then wearing were taken possession of by SI Mange ram and kept them in a sealed parcel. He interrogated him and pursuant to his statement a watch and a shoe meant for the left foot, which were concealed in his wheat field, were recovered. (E) Eight days later - on April 17, 1986 to be precise - the appellant Raj Kumar went to the house of Ainshilal (Public Witness 8) , lambardar of village Kalanaur and made a similar confession before him implicating himself and the other two appellants in the above two murders and requested him to produce him before the police. While going to the police station they met SI Ravinder Kumar (Public Witness 17) at the bus stand and Ainshilal handed over raj Kumar to him. (F) While in his custody SI Ravinder Kumar (Public Witness 17) , interrogated Raj Kumar on April 19, 1986 in the presence of Narender (Public Witness 12) and another witness. Raj Kumar disclosed that he had kept concealed a countrymade pistol of. 12 bore and a live cartridge in a pit under a kikkar tree in his field and pursuant to his disclosure statement a pistol (Ex. P. 17) and a cartridge (Ex. P. 18) were- recovered from that place. S. I. Ravinder Kumar seized those articles and put them in a sealed parcel. After this recovery S. I. Ravinder Kumar sent a report to the police station (Ex. p. 11) and, on its basis, a separate case under the arms Act was registered against Raj Kumar. (G) To continue with the prosecution story - on May 5, 1986, the appellant Ballu want to Satram Dass Batra (Public Witness 9) of village kalanaur and confessed of his having committed the two murders along with the other two appellants and requested him (Sri Batra) to produce him before the police. He acceded to this request and took Ballu to Kalanaur police station where SI Ravinder Kumar (Public Witness 17) placed him under arrest. On May 8, 1986 Ballu was interrogated at the police station by SI Ravinder Kumar in the presence of Krishan Lal (Public Witness 13) and he disclosed that he had kept a dau concealed in the hut of 'sarkandas', situated in the vicinity of village nigana. He further disclosed that he had also kept a ring wrapped in old rags in an 'alia' of his residential house. Ballu then led the police party to the places mentioned by him and brought out -the above two articles which came to be duly seized under panchanama. (H) The moulds prepared from the footprints seen at the spot, the blood stained earth and shoe seized therefrom, the specimen moulds of the appellants and the shoe and the dau recovered pursuant to the statements of appellant Jagdish and Ballu respectively were sent to the Forensic Science laboratory (F. S. L. ) by the Investigating Officer for examination. Besides, the pistol and cartridge seized pursuant to the statement of ram Kumar were also sent for examination by the Ballistic Expert. On receipt of the reports of such examination'and after completion of investigation S. I. Ravinder Kumar submitted two charge sheets: one against the three appellants for committing the murders of Attar Chand and Jaggar on March 20, 1986 in furtherance of their common intention and another against the appellant Raj kumar for having been found in unlawful possession of a pistol and a cartridge on April 19, 1986:
(3.) The appellants abjured their guilt and contended' that they had been falsely implicated in the case owing to enmity. The appellant Raj Kumar's further contention was that he did not make any statement to the police and as such the question of recovery of pistol and cartridge at his instance did not arise.;