- (1.) THE above detailed bunch of criminal appeals are an outcome of common judgment and order of sentence dated 20th December, 2006 of the Court of learned Additional District and Sessions Judge, Gurdaspur passed in case bearing FIR No.08 dated 12th February, 2002 under Sections 302, 120 -B, 148, 149 IPC with Police Station, Ghuman and, thus, are being disposed of through this common judgment.
(2.) THIS case was initially got registered by complainant Baldev Singh PW1 brother of deceased Sukhwinder Singh against seven accused namely Joga Singh, Harpreet Singh, Jora Singh present appellants and Yudhvir Singh @ Jodhi, who died before the trial as well as Gurpreet Singh, Baldev Singh, Kulwant Singh later having been acquitted.
(3.) THE brief allegations of the prosecution as contained in statement Ex.PA of complainant Baldev Singh PW1 recorded by SI/SHO Joginder Singh on 12th February, 2002 at about 6.15 p.m at Police Station, Ghuman are that deceased Sukhwinder Singh was his younger brother and on 9th February, 2002 at about 6 p.m accused Yudhvir Singh @ Jodhi came holding election pamphlets of Dr. Daljit Singh Cheema and asked the complainant that he wants to meet his father and when the complainant told him that he was not present at the house, accused went away and again returned back at 9 p.m. on the same very day. On the asking of Yudhvir Singh @ Jodhi about the father of the complainant he was told by the complainant that his father had gone to sleep and at that very time the deceased Sukhwinder Singh happened to come there and was handed over a pamphlet by this accused. At that time Comrade Harbans Singh PW2 happened to reach there and while they were standing out of the house the complainant saw that in a Tata Sumo of white colourbearing registration No.PB -12B -5419 accused Joga Singh, Zora Singh and Harpreet Singh were sitting. Accused Yudhvir Singh @ Jodhi on the pretext of taking Sukhwinder Singh for canvassing made him sit in the vehicle and took him away. However, the deceased Sukhwinder Singh did not return back regarding which a DDR bearing No.14 dated 11th February, 2002 was got registered with the Police Station, Ghuman. On 12th February, 2002 a dead body was recovered from the drain of village Talwandi Dasonda Singh and was identified to be of deceased Sukhwinder Singh. Thus, on the basis of this statement FIR Ex.PW4/A was got registered by HC Tarsem Singh PW6. On the basis of this information S.I. Joginder Singh PW4 visited the place from where the dead body was recovered and on identification of the same prepared inquest report Ex.PW3/A and recorded statements of the witnesses. A rough site plan of this place of recovery Ex.PW3/B was prepared. On police application Dr. Gurmit Singh Chhina PW1 conducted post mortem examination upon the dead body and gave his report Ex.PW4/A and the viscera was sent to the office of Chemical Examiner and on receipt of report of Chemical Examiner Ex.PB, whereby, no poison was detected in the contents of exhibits, PW3 Dr. Gurmeet Singh Chhina gave his report Ex.PW3/C. Scaled site plan Ex.PW8/A was prepared by PW8 Balwinder Singh, Patwari. Thereafter, accused were arrested and the vehicle was taken into police possession through recovery memo Ex.PW5/A.;