Gurmit Ram, J. - (1.) The above noted both the appeals have been taken up together for disposal since these have arisen from one and the same judgment of conviction in order to avoid repetition and conflict of judgments.
(2.) The above -said appellants have preferred the above -noted appeals whereby assailing the judgment and order of sentence dated 13.9.2002 passed by the Court of learned Additional Sessions Judge, Hoshiarpur in criminal case bearing FIR No. 36 dated 6.3.2001 u/Ss. 307, 420, 325, 342, 148, 506 read with Sec. 149 of IPC, Police Station Hariana, District Hoshiarpur vide which they were held guilty for the offences punishable u/Ss. 307, 325, 342 read with Sec. 34 of the IPC and u/Ss. 420 and 506 of the IPC and sentenced thereunder.
(3.) The case of prosecution in brief as put forth before the learned trial Court was that on 6.3.2001, HC Bhulla Singh was present in Police Post Bhunga where a wireless message was received from SHO Division No. 3, Ludhiana regarding admission of injured Balwinder Singh son of Faqir Singh in CMC Ludhiana due to some accident. Upon this, HC Bhulla Singh along with Constable Sucha Singh reached at CMC Hospital, Ludhiana for recording the statement of injured Balwinder Singh and sought the opinion of the doctor for this purpose. Doctor declared him fit to make the statement and accordingly statement of above -said Balwinder Singh was recorded which was as under: - - "That he is resident of Dashmesh Nagar, Dagana Road, Police Station Model Town, Hoshiarpur. On 25.1.2001, he received a telephonic message from Bikramjit Singh son of Boota Singh resident of village Dhhot Kalan, P.S. Hariana that he had struck a deal for sending him abroad and that he (complainant) should reach at his house in the said village alongwith papers and a sum of Rs. 50,000/ - on 26.1.2001 at 6:00 p.m. Accordingly, he went to the house of said Bikramjit Singh on 26.1.2001 along with necessary papers and a sum of Rs. 50,000/ - where Bikramjit Singh met him. He took two pegs of liquor on the asking of said Bikramjit Singh. Then Bikramjit Singh said to him that the person with whom the deal had been struck for sending him to America is to meet them at bus stand Dosarka, Dhoot Kalan on the confectionary shop of one Chander Mohan alias Bulla son of Ved Parkash. Accordingly, he accompanied him and they reached at the shop of said Chander Mohan. Immediately thereafter, Dilbagh Singh alias Baga and Rahul Singh son of Bikramjit Singh also came there. When they all were sitting there, then Chander Mohan said to Bikramjit Singh that Balwinder Singh had brought Rs. 50,000/ - for going abroad and he would call the person who is to send him abroad. Then Chander Mohan and Rahul went to call that person and while going from there, they took a sum of Rs. 200/ - from him for bringing a bottle of liquor. Within a short span, they came back with that man and also brought a bottle of liquor. When they were taking the liquor in the shop of Chander Mohan, then half of its shutter was open. In the meanwhile, one Diwan Singh resident of village Dadialan Kalan entered into the shop and requested to make a telephone call, but Chander Mohan @ Bulla told him that telephone is out of order. Said Diwan Singh also asked him (Balwinder Singh) as to whether you are not to go home, as it was dark and foggy. On this, he replied him, that he would accompany him, but said Chander Mohan @ Bulla and Bikramjit Singh uttered that he would stay with them today. After departure of Diwan Singh from shop, Bulla closed the shutter of the shop and demanded from him his passport and a sum of Rs. 50,000/ - for sending him abroad. When he asked them to give him receipt in token of having received the said sum, then they started abusing him. When he tried to come out of the shop, then Bikramjit Singh, Dilbagh Singh and Bulla caught hold of him, removed his coat and started giving him fist blows. They also started uttering that now he is under their control, his money is to be spent upon him and the plan to kill him has materialized today. Then Bulla and Bikramjit Singh caught hold of his arms. Dilbagh Singh gave him fist blows on his head, ear, eyes and Rahul gave him kick blows. Then they laid him down with his face downwards. They also removed his underwear and pant. Bulla and Dilbagh Singh caught hold his legs, Bikramjit Singh and the person (Bahadar) who was called from the outside caught hold his arms and Rahul Singh thrusted an iron rod in his anus on the asking of Bikramjit Singh, while he was crying. Then they all remained lifting him while holding the rod and also started uttering that now he has got the visa and within 5 -6 hours he would reach abroad. Bikramjit Singh also uttered that he (Balwinder Singh) used to say that his wife had been wandering with Bulla, when he (Bikramjit Singh) was in jail and that now today they took the revenge for that. Then thereafter, he became unconscious and above -said all the accused persons threw him out of the shop in the said condition. Later on he came to know that he was got admitted in CMC for treatment by his brother Amarjit Singh." The above -said statement of complainant was read over to him after recording the same by HC Bhulla Singh which he had signed after admitting it to be correct. Upon his statement, HC Bhulla Singh made his endorsement, on the basis of which the instant case was registered at Police Station Hariana by ASI Bikram Singh on 6.3.2001. The place of occurrence was inspected and its plan was prepared. Accused Bikramjit Singh, Rahul Singh and Chander Mohan @ Bulla were arrested. Statements of witnesses were recorded. On receipt of report of the doctor with regard to nature of injuries, injury No. 2 was declared dangerous to life, injuries No. 1, 2 and 4 caused by blunt weapon and injury No. 4 as simple. Offences u/Ss. 325 and 307, IPC, were added in this case. Accused Dilbagh Singh was not arrested and as such P.O. proceedings were initiated against him. During investigation, accused Bahadar was found to be innocent. On completion of investigation, challan against accused Bikramjit Singh, Rahul Singh and Chander Mohan in this case was presented in the Court of learned Illaqa Magistrate, who further committed this case to the Court of learned Sessions Judge, Hoshiarpur for trial after making compliance of the provisions of Sec. 207 of Cr.P.C.;