- (1.) This order will dispose of Criminal Appeal No. 428-DB of 2008 ( Lal Chand and another v. State of Punjab) and Criminal Revision No. 2304 of 2008 (Prem Kumar v. State of Punjab and another), as both these cases arise from a judgment dated May 20, 2008 and order dated May 24, 2008, passed by the Sessions Judge, Ferozepur. For facility of dictating order, facts are being taken from Criminal Appeal No. 428 -DB of 2008. Appellants Lal Chand and Inder Sain have filed this appeal against the above judgment vide which they were convicted for commission of an offence under Section 302 IPC. Further challenge has been laid to an order dated May 24, 2008, imposing the following sentence upon them: " Name of convict offence sentence Lal Chand u/s 302 IPC Imprisonment for life , fine to the tune of Rs. 5,000/- and in default of payment of fine, further RI for one year. Inder Sen @ Inderia u/S 302 IPC Imprisonment for life, fine to the tune of Rs. 5,000/- and in default of payment of fine, further RI for one year."
(2.) Period already undergone by the appellants during enquiry, investigation, trial was ordered to be set off against substantive period of sentence as per the provisions of Section 428 Cr.P.C. It was allegation against the above appellants that in the intervening night of 23 rd / 24 th November, 2005, they along with Krishan Lal son of Hari Ram had committed murder of Bhajan Lal by giving him beatings with the help of sticks and a brick bat.
(3.) It is necessary to mention here that the above Krishan Lal was as an accused in FIR No. 132 dated November 24, 2005, however, during investigation, he was found innocent and his name was put in column No. 2 in the final report prepared under Section 173 Cr.P.C. Thereafter, by invoking the provisions of Section 319 Cr.P.C., he was summoned to face trial and acquitted vide the judgment under challenge. His acquittal has also been challenged by the complainant, namely, Prem Kumar by filing Criminal Revision No. 2304 of 2008.;