A.N.JINDAL, J. - (1.) Appellants Ved Parkash @ Bhagwan Dia son of Puran Singh and Rajesh @ Raju son of Sukh Ram both residents of Village Jandli, District Ambala have been charged under Sections 302/34, IPC for abducting and killing Nirmal Singh on the intervening night of 21/22-8-1995. After trial, they were convicted and sentenced to imprisonment for life and to pay a fine of Rs. 5000/- each, and in default of payment of fine they were to further undergo RI for six months each by Sessions Judge, Ambala. Since both the accused filed different appeals in this Court, namely, Cri. Appeal Nos. 432-DB and 448-DB of 1997 and the complainant has also filed a Cri. Rev. No. 624 of 1997 for enhancement of sentence of fine. Therefore, all the three matters are being disposed of by way of a common judgment.
(2.) The genesis of the case began with the report which was lodged by Gurdial Singh uncle of the deceased Nirmal Singh on hearsay basis i.e. after receiving information from PW-6 Sharda Devi about the incident.
(3.) He in his statement. Ex. PE/1, dated 22-8-1995 at 9.00 A.M. recorded that on 21-8-1995 at about 9.30 P.M. Ved parkash @ Bhagwan Dia accused-appellant (hereinafter referred to as the accused) had called his nephew Nirmal Singh to accompany him because two other persons were waiting for him outside the house. Thereupon his nephew (deceased) accompanied him but did not return for whole of the night. During that night, at about 2.00 A.M. two persons had come to the house of deceased and knocked the door of the deceased but when Sharda Devi raised alarm "kaun hai kaun hai", then both of them ran away while taking the shelter of darkness. Sharda Devi had informed about this whole episode to Gurdial Singh in the morning and he in turn, informed about the same to the police. He also informed the police that since Nirmal Singh did not turn up, therefore, he accompanied by Jagdev Singh son of Khajan Singh went in search for him and when they reached one furlong ahead of cremation ground of village Jandli, they saw the dead body of Nirmal Singh lying on the northern side of the road.;