SHAM SUNDER, J. - (1.) THIS judgment shall dispose of the two criminal appeals referred to hereinbefore, bearing No. 292-DB of 1998 filed by Anil Kumar and Rakesh Kumar, appellants and No. 302-DB of 1998 filed by Madan Lal, appellant, arising out of the judgment of conviction dated 1.6.1998, and the order of sentence, dated 1.6.1998, rendered by the Court of Additional Sessions Judge, Ludhiana, vide which it convicted the accused, for the offences punishable under Sections 364 and 302 IPC and sentenced them to undergo RI for a period of 5 years each, and to pay a fine of Rs. 3,000/- each, in default of payment of fine to undergo RI for a period of three months each for the offence punishable under Section 364 IPC, and further sentenced them to imprisonment for life and to pay a fine of Rs. 10,000/- each, and in default of payment of fine to further undergo RI for a period of six months each, for the offence, punishable under Section 302 IPC. It was further directed that in case of recovery of fine, the same shall be paid to the widow of the deceased, as compensation. The substantive sentences were ordered to run concurrently.
(2.) ON 25.12.1994, Joginder Singh s/o Bhagwan Singh was present in his house at about 5.45 P.M., when Rakesh Kumar, accused, accompanied by a Bhaiya (a person from U.P.) came there, and wanted him to accompany them, for the settlement of some dispute Joginder Singh accompanied them, in a three wheeler, being driven by Madan Lal. At night, Rakesh Kumar and Madan Lal, accused, came back to their houses, but Joginder Singh did not return. Joginder Singh was searched, but he could not be traced. His father Bhagwan Singh made a statement, in the terms referred to above, on the basis whereof, report Ex.PW-5/A in the Roznamcha was recorded by the police on 27.12.1994. Even, thereafter, Joginder Singh was not traced and on 31.12.1994, his dead body was found in the area of Madhopuri, Ludhiana Bhagwan Singh, father of Joginder Singh, suspected that Rakesh Kumar and Bhaiya, referred to above, had committed the murder of his son. Thereafter, he made a statement Ex.PA, on the basis whereof, FIR Ex.PA/1 was registered. Thereafter, Surjit Chand, Sub Inspector, S.H.O., at the relevant time, posted in Police Station Division No. 3, Ludhiana, along with Bhagwan Singh, father of the deceased, went to the, place where the dead body of Joginder Singh, was lying in a drain. The dead-body was taken out of the drain, and inquest report Ex.PW/6/A of the same, was prepared. The dead-body was sent through Lakhbir Singh, Head Constable, to the hospital, for the purpose of conducting post-mortem examination, with request Ex.PW/6/B. Injury report Ex.PW/C, of the dead body was prepared. Site plan Ex.PW/6/D of the place, where the dead body of Joginder Singh, was found lying was prepared. Lakhbir Singh after the post-mortem examination produced a parcel of the clothes of the deceased, before Surjit Chand, Sub Inspector, vide memo Ex.PW4/A, in the presence of Harbhajan Singh, ASI. Thereafter, the accused were searched, but could not be traced.
(3.) ON 19.1.1995, Ravinder Pal Singh Khalsa, Municipal Councillor, met Surjit Chand, Sub Inspector, per chance, coming from the side of Samrala Chowk, and produced Madan Lal and Rakesh Kumar, accused before him. The statement of Ravinder Pal Singh Khalsa was recorded. These accused were formally arrested on 19.1.1995. The search of their person was conducted and the search memos Ex.PW6/F and PW6/G, were prepared, signed by them. Anil Kumar, accused, was later on arrested, in this case in pursuance of the warrant of arrest, obtained from the Court. The case property was deposited with the M.H.C. on reaching the Police Station. The statements of the witnesses were recorded, at different stages of the investigation. After the completion of investigation, the accused were challaned.;