YOGENDRA KUMAR SANGAL, J. - (1.) PRESENT appeal has been filed by the accused-appellants Sardar Mohan Singh and Sardar Ajit Singh who were convicted by the learned Session Judge, Brahraich in Session Trial No. 105 of 1988 relating to Case Crime No. 130 of 1987, P.S. Gilaula, District Brahraich State v. Sardar Mohan Singh and another, under sections 302/34 201 394, 404 IPC. Accused-appellant Sardar Mohan Singh was held guilty for the of­fences under sections 302/34, 201, 394 397 IPC and accused-appellant Sardar Ajit Singh was convicted and sentenced for the offence under sections 304/34 and 201 IPC and he was acquitted from the charges lev­elled against him for the offence under sec­tions 394/397 and 404 IPC. They both were sentenced for life imprisonment for the offence under section 302/34 IPC and also for the other offences as detailed in the judgment of the Trial Court. The sentences of imprisonment were ordered to run con­currently. They were also sentenced for payment of fine and also in default of payment of fine for different periods.
(2.) THE brief facts of the case are that both the accused persons Sardar Mohan Singh and Sardar Ajit Singh were driver and conductor respectively employed by owner of the Truck No. PCL 9973 named Sukhdeo Singh (deceased). They all three were going by the aforesaid truck in the intervening night of 21/22.11.1987 with luggage on hire to drop the same some­where beyond the limit of District Bah-raich. Some dispute between owner and driver, conductor broke out in the way and Sukhdeo Singh threatened them that he will see them in Meerut on return. Thereaf­ter, showing some mechanical defect in the truck, the truck was stopped by the driver Sardar Mohan Singh within the limit of Village Tilakpur, P.S. Gilaula, District Bah-raich and where both the accused in fur­therance of common intention given blow of "daab" (sharp edged weapon) on the body of Sukhdeo Singh and inflicted inju­ries to him and due to injuries, he suc­cumbed there. After committing the mur­der, they have hidden/thrown his dead body behind the bushes in the nearby field of one Chedi having mustered crop and they both escaped from there with the truck. They have also robbed the movables belonging to the deceased including his wrist watch and cloths etc. In the next morning one Bindeswari Prasad saw the dead body there. He informed the police in writing. A cognizable case was registered against unknown person for the murder of unknown person. Investigation of the case was started. The dead body was recovered by the police of police station of area con­cerned on the pointing of informant Bindeswari. When the police persons were on the road, a truck being driven by one Sardar Lakkha Singh reached on the road. Lakkha Singh was also Sardar. S.H.O. of police station concerned who was there get stopped the truck and asked the driver Sardar Lakkha Singh to identify the dead body of a Sardar laying in the field. On his request after going to the place where dead body was lying, Sardar Lakkha Singh iden­tified the same and stated that dead body is of Sukhdeo Singh owner of Truck No. PCL 9973 and he also informed the investigating officer that Sardar Mohan Singh and Sardar Ajit Singh were driver and conductor of the said truck respectively. He also promised with the SHO/Investigating Officer that he will inform about the murder of Sukhdeo Singh to his family members. Photographs of dead body were also snatched and shoes of deceased were also recovered from that place. Inquest report and allied papers i.e. photo lash, challan lash of dead body etc. were if prepared. Dead body was sealed and sent for post-mortem. The post­mortem of the dead body was conducted by the doctor who found ante-mortem in­juries and he confirmed that cause of death was shock and hemorrhage due to ante-mortem injuries. The driver of the other truck namely Sardar Lakkha Singh informed the owner of Jai Hind Transport Company, Meerut about the murder of Sukhdeo Singh and the owner of this Transport Company informed the owner of Ludhi-yana Transport Company about this occur­rence and in the same process they in­formed the family members of Sukhdeo. Later on, Randir Singh brother of the de­ceased along with Gurdayal and Ujjagar came at police station Gilaula and he saw the photographs of the dead body as well as shoes seized and identified them of the Sukhdeo Singh and they also confirmed that the truck was being driven by Sardar Mohan Singh and Sardar Ajit Singh was the cleaner of the same. Later on, investigating officer after re­ceiving information about accused went to the village of the deceased where he re­corded the statement of the witnesses and widow of the deceased etc. He was in­formed that deceased was having a wrist watch and a receipt of the same was handed over to him by widow of the de­ceased. Statement of brother of the de­ceased was also recorded. Again on the information, he raided the houses of the accused-persons, but they were not there.
(3.) ON the information on 7.12.1987 that accused persons have gone with the truck towards Raikot (in Punjab), he ar­ranged the witnesses and came near Pond of Baba Roop Narayan and stay there in wait of the truck. At about 1.30 p.m., Truck No. PCL 9973 was seen on the road. Police persons get stopped the said truck. The driver and the cleaner of the same tried to escape from there after jumping from the truck, but they were apprehended after a chase. On inquiry they disclosed their name as Sardar Mohan Singh and Sardar Ajit Singh as driver and conductor of the truck respectively. A wrist watch was on the hand of Sardar Mohan Singh, the same was identified of the deceased by the witnesses. From the search of the truck, registration certificate, insurance policy, permit, etc. were recovered. On inquiry, both the ac­cused confessed their guilt and stated that ataichi containing cloths of deceased was kept at the house of Sardar Mohan Singh and he can get the same recovered. Investi­gating Officer on the pointing of the accused Sardar Mohan Singh along with witnesses, came at his house from where he brought the ataichi having blanket, lungi and shirt of the deceased Sukhdeo Singh. Driving li­cense of Sukhdeo was also recovered from the ataichi. These were identified by Surjeet Singh and witness Ujjagar Singh who were also on the spot saying these are of deceased Sukhdeo Singh. Later on, remand of both the accused was sought from the Judicial Magistrate, Jalgaon, District Ludhiyana to bring the accused persons at Bahraich. On 12.12.1987 on the information and pointing of accused Sardar Ajit Singh weapon used in the murder (daab) and shirt of Sukhdeo Singh having blood stained hidden in the bushes were recov­ered in the presence of the witnesses by police. The shirt was identified by the wit­nesses belonging to the deceased.;