- (1.) Hirdey Parshad was convicted alongwith other accused, namely, Dharminder, Jai Kishore, Sarwan Ram for the offences under Section 460, 397, 120-B and 148 IPC. Aggrieved by the judgement of conviction and order of sentence recorded by the trial Court, Hirdey Parshad preferred Crl.A. No.1299-SB of 2003. During the course of trial of the very same case, accused Dina Ram absconded and was later declared as Proclaimed Offender. After his arrest he faced the continuation of trial separately and received a verdict of conviction by the trial Court later for the offences under Section 460, 396, 120-B and 148 IPC. He has preferred separately Crl.A. No.109-DB of 2007.
(2.) The brief case of the prosecution reads as under:- a) Inderpal Singh (since deceased) alongwith his wife Paramjit Kaur (since deceased), daughter Davinder Kaur (since deceased), son Sharanjit Singh (PW11) and another son Baljit Singh was residing on the first floor of House No.678, Street No.5, Dashmesh Nagar, Ludhiana. Inderpal Singh was running a Nut factory on the ground floor of the said house. Accused Dharminder, Jai Kishore, Hirdey Parshad, Swaran Ram and Dina Ram were employed as labourers in the said factory by Inderpal Singh. On 26.3.1996, at about 4.45 P.M. PW12 Jaspal Singh, younger brother of Inderpal Singh received a telephonic call that the house-cum-factory of Inderpal Singh was found locked since morning. PW12 came down to the factory premises where Inder Singh Chawla was also present. They got opened the lock of the outer gate and entered into the factory of Inderpal Singh. The telephone wires were found snapped. The furniture was lying scattered. The dead bodies of Inderpal Singh and Davinder Kaur were lying on the back side of the room. The dead body of Paramjit Kaur was lying in the adjoining room. When they entered into the first floor of the house, they found that household articles were scattered in the room. A Godrej Almirah was lying open. PW12 reported the matter to the police alleging that the murder was committed by the factory workers, accused Surender, Dharmender, Jai Kishore and Swaran Ram. b) On the statement Ex.PF/1 of PW12, a formal First Information Report was registered. PW13 Inspector Mohinder Singh Bedi took up the case for investigation. He visited the scene of crime, prepared the inquest report. He also drew site plan. PW17 Dr. R.N.Singla, Civil Surgeon has spoken to the post mortem examination of deceased Inderpal Singh, Davinder Kaur and Paramjit Kaur by Dr.Kulwant Singh under his direction. The post mortem certificates Ex.P17/A, Ex.P17/B and Ex.P17/C would disclose that all the three deceased have been done to death by causing injuries to their vital organs. c) On 24.5.1996, accused Jai Kishore, Dharminder Singh and Hirdey Parshad were arrested. d) Accused Swaran Ram was arrested on 28.5.1996. He made a disclosure statement based on which gold ornaments were recovered. Accused Dina Ram was arrested on 17.5.1996. He suffered a disclosure statement (Ex.PM) before PW4 ASI Sukhwinder Singh in the presence of PW12 Jaspal Singh and ASI Bakshshish Singh based on which a gold ring bearing initials 'PJ' near the wall of the Government Warehouse was recovered.
(3.) The trial Court having relied upon the circumstantial evidence projected by the prosecution recorded conviction as against these accusedappellants also.;