- (1.) Appellants, namely, Mohan Lal alias Mohani and Mukhtiar Singh alias Gokha have filed this appeal against judgment and order dated May 5, 2008, vide which they were convicted under Section 302 IPC for committing murder of Bodal Nath on July 26, 2005, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-each with a default clause. The period of imprisonment already undergone by them during enquiry, investigation and trial was ordered to be set off from the substantive sentence.
(2.) The process of law was set in motion on a statement Ex. PS made by Balbir Nath (PW7) on July 27, 2005, at 8.30 AM. His statement was recorded by SI Gurmit Singh (PW13), the Investigating Officer. FIR Ex. PT was recorded in Police Station Lohian, district Jalanadhar, at 8.40 AM.
(3.) The trial Judge has noted following facts regarding case of the prosecution: "That on 27.07.2005 SI Gurmit Singh was leading a police patrolling party and had reached near the turning leading to village Domana that Balbir Nath accompanied by Sahib Singh a former member of Municipal Council, Lohian met him and informed him that he was residing in Dera Baba Amar Nath in village Nalh along with Badal Nath a disciple of Ajay Nath. Badal Nath was putting up in a dera in cremation ground of village and looking after it. Mukhtiar Singh alias Gokha and Mohan Lal alias Mohani often used to reside with him. In the evening of 26-07-2005 Balbir Nath visited Badal Nath and found him and Mukhtiar Singh alias Gokha and Mohan Lal alias Mohani talking with each other under the influence of Bhang. Balbir Nath left from there and it came to be known to him subsequently, that all three of the above said had gone to village Domana and consumed liquor there. While Mukhtiar Singh alias Gokha slept at taxi stand of Domana. Mohan Lal went with Badal Nath to drop him at the cremation ground. On 27-07-2005, at about 7.00 a.m. Khazanchi Das son of Dwaraka Das telephonically told Balbir Nath that Badal Nath was lying dead on the road leading to village Sidhupur with sharp edged injuries on his person. Balbir Nath reached at the stated place and saw dead body of Badal Nath lying there with injuries on his head.";