REKHA MITTAL, J. - (1.) BY way of this judgment, I shall dispose of CRA -S -1319 -SB - 2003 "Darshan Singh and another Vs. State of Punjab" and CRA -S -1363 - SB -2003 "Bant Singh and others Vs. State of Punjab" as these are the off shoot of same judgment dated 15.07.2003 passed by the Additional Sessions Judge (Adhoc) Fast Track Court, Patiala, whereby the appellants have been convicted and sentenced, detailed hereinbelow: - Fine(in ') Name of Under Section Sentence In Convict (R.I.) Default (R.I.) Darshan Singh 304 IPC 5 years 1000/ - 6 months son of Ajmer Singh 201 IPC 4 years 500/ - 3 months Darshan Singh 201 IPC 4 years 500/ - 3 months son of Bant Singh Bant Singh 201 IPC 4 years 500/ - 3 months Gurcharan 201 IPC 4 years 500/ - 3 months Singh Gursewak 201 IPC 4 years 500/ - 3 months Singh
(2.) THE facts relevant for disposal of the appeals are recapitulated as follows: - One application dated 16.01.2002 bearing No.55/FR was received in Police Station Bhadson from the Additional Director General of Police Crime Branch, Chandigarh, appended thereto application No.1289/99 submitted by Bidhu son of Lachhmi Shah resident of Terkheri Kalan. As per the allegations set up by applicant Bidhu, Manoj Kumar his son aged about 14 years was employed with Darshan Singh son of Ajmer Singh resident of Terkheri Kalan. About 9/10 months ago, when he (Bidhu) was working in Bakshiwala village, Darshan Singh aforesaid along with other persons came and told him that his son was seriously ill. He reached Terkheri Kalan to enquire about his son and found him dead. Darshan Singh and others told him that he has been electrocuted. On seeing the dead body of his son, he became nervous and unconscious and they cremated his son. When he regained consciousness, he found that his son has been cremated without his consent. Darshan Singh son of Ajmer Singh, Bant Singh son of Gulzar Singh, Gursewak Singh son of Bhag Singh, Gurcharan Singh son of Surjit Singh, Darshan Singh son of Bant Singh, all residents of Terkheri Kalan started threatening him that if he moved an application against them or met anyone, he will be killed. They have political influence and for that reason, he was not heard for the last 9/10 months. On the basis of application Ex.P2, formal FIR Ex.P4 under Section 304 -A of the Indian Penal Code (in short "IPC") was registered. Thereafter on receipt of Ex.P1, offence under Sections 304, 201 IPC was added.
(3.) PRITPAL Singh, SHO, Police Station Bhadson visited the spot and prepared a rough site plan Ex.P5 at the instance of the complainant. The accused were arrested on 05.07.2002 but nothing was recovered from their personal search. Statements of witnesses were recorded on 11.08.2002. On the investigation being completed, challan was presented in the Court for trial of the accused.;