A.N. Jindal, J. - (1.) THIS appeal is against the judgment dated 23.4.1996 passed by Additional Sessions Judge, Ropar, whereby, the accused - appellants Sewa Singh and Sher Singh (hereinafter referred to as the appellants) were convicted under Sections 304 part -II and 201 of the IPC (for short IPC) and were sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.500/ -, each, for the offence under Section 304 part -II IPC, in default of payment of fine, to undergo further rigorous imprisonment for six months, and to undergo rigorous imprisonment for two years under Section 201 IPC. The substantive sentences were ordered to run concurrently.
(2.) HOWEVER , the trial against one more accused, namely Som Singh (non -appellant), could not proceed as he had expired during the trial. Nobody knew that marry making day i.e. 26.1.1989 for the appellants and Som Singh on account of the marriage of Didar Singh, son of Som Singh would become a tragic day for Dev Singh. Dev Singh and Som Singh were friends, which led Som Singh to invite Dev Singh on the marriage celebrations of his son Didar Singh, a day earlier to the date of marriage. Amrik Singh and Dev Singh, both brothers, residents of village Silomasko went to respond the invitation at the house of Som Singh. Dev Singh also took liquor as other guests and started dancing along with others. When he was donating money by throwing it over the head of the ladies, Som Singh and his relatives took ill of it and resultantly an altercation took place. However, the same was pacified and Amrik Singh left the place leaving Dev Singh there. The marriage party (Barat) was to leave the next morning. Angrej Kaur wife of Dev Singh, remained silent on account of non -return of her husband that night, assuming that he being closely connected with Som Singh must have gone in the marriage party. However, on 26.1.1989 after the return of the marriage party, when Dev Singh did not turn back, she got recorded a DDR No.16 with ASI Pritam Singh at Police Post Bela, regarding the disappearance of Dev Singh. After conducting preliminary investigations, Sub -Inspector Parkash Singh got registered a case on 4.2.1989 under Section 364 IPC. On 5.2.1989, the dead body of Dev Singh was recovered in a decomposed condition from the pond of village Silomasko, whereupon, proceedings under Section 174 of the Cr.P.C. (for short Cr.P.C.) were conducted. Meanwhile, the police while raising suspicion over Jaspal Singh son of Dalip Singh, a nephew of Dev Singh and his brothers Balbir Singh and Gurmit Singh, for the murder of Dev Singh, started investigation and nominated them as accused. However, on their protest being raised before the Governor of Punjab, the investigation was entrusted to Crime Wing of CID, Punjab, which found the aforesaid persons innocent and reached the conclusion that the present appellants and Som Singh (since expired) were responsible for the murder of Dev Singh, on the basis of the altercation, which took place between them during the dance performance by Dev Singh on the day of the marriage function. The accused caught hold of Dev Singh, struck him against the manger repeatedly, resulting in his death.
(3.) CONSEQUENTLY , the accused were arrested on 25.10.1989 and a charge report was submitted against them. The Trial Court framed the charge against all the three accused under Section 302 read with Section 34 and Section 201 IPC, to which they pleaded not guilty and claimed trial.;