VERMA, J. - (1.) THE above-said death reference and the counter appeals have arisen out of the judgment dated 7. 12. 1998 passed by the learned Sessions Judge, Jaipur District, Jaipur whereby he had convicted and sentenced the accused Hazoor Singh son of Shri Amrik Singh and Chamkor Singh s/o Shri Sucha Singh as follows:- ******
(2.) THE sentences are ordered to run concurrently. As per the prosecution case, PW-22 Shri Gajanand Verma, the then Station House Officer, Police Station, Dudu, had received an information on 12. 3. 1984 in the morning hours that near the border of Ajmer-Jaipur District, on National High Way No. 8, an un-identified dead-body was lying. On receipt of this information, as per the directions of Shri Gajanand Verma, rapat rojnamcha No. 360 was recorded by PW 16 Bhanwar Singh as per Ex. P. 21. Gajanand Verma proceeded towards the site, Panchanama Ex. P-11 was prepared on the site. Site Plan Ex. P-12 was prepared. Near the dead body, a pair of `juti' (foot wear) was also found which was seized as per Ex. P-13. Blood stained earth, simple earth, some pieces of the cigarette, iron bolt, some pieces of glass etc. were also found and were taken into possession as per Ex. P. 14. While investigating the above said case, it also came to light that an un-identified body of another person within the police jurisdiction of Kishangarh had also been found of which FIR No. 17/84 had been registered under Sec. 302 IPC and was being investigated. The Superintendent of Police, Jaipur had received an application from one Brij Mohan stating therein, that his oil tankar No. DHL 3713 was missing. This tanker had started from Kandla with full load of oil on 10. 3. 1984 for Rajpura and had passed Beawar on 11. 3. 1984 at about 6. 00 p. m. as per the entry at No. 455, Sr. No. 17 in the Octroi Check Post. The driver of this oil tanker was Gyan Chand and helper was Harbhajan. It was stated in the application that efforts were being made to locate these persons and the tanker, but the last trace had been found only upto Beawar and after that it had become untreacable. As per the photograph of the driver Gyan Chand, it was revealed that un- identified dead-body found near Kishangarh was of Gyan Chand driver and other dead-body was of Harbhajan, the helper of the tanker. On investigation, it was found that these persons had been killed by some one, dead-body of Gyan Chand driver had been thrown within the jurisdiction of Kishangarh Police Station whereas the dead-body of Harbhajan had been thrown within the jurisdiction of Dudu Police Station. The culprits had taken away the tanker along with oil. On such investigations FIR No. 82/84 u/s. 302 IPC dated 27. 4. 1984 was registered at police station Dudu. PW-23 Dinesh Chand Sharma, the then Additional Superintendent of Police had recorded the statement of witnesses. Accused Hazoor Singh was arrested vide Ex. P. 30. Application Ex. P. 27 was moved before the Additional Chief Judicial Magistrate, Jaipur for identification of accused Chamkor Singh and Trilochan Singh. Similarly, application Ex. P. 28 was moved before the Chief Judicial Magistrate, Jaipur District Jaipur for identification of the accused Hazoor Singh. In regard to the accused persons namely Dilbagh Singh, Manak Chand and Puran Kumar, application for identification Ex. 31 was also moved. As per the production warrant dated 19. 11. 1985 the Sub- Inspector of Police Sajjan Singh was authorised to arrest the accused Trilochan Singh and Chamkor Singh vide Ex. P. 32 and 33. Shri Dinesh Chand Sharma had prepared the identification proceedings of the witnesses who were to identify the accused Dilbagh Singh, Puran Kumar and Manak Chand vide Ex. P. 34 and 35.
(3.) AS per the case of the prosecution, during the pendency of the investigation, accused Dilbagh Singh had moved an applications before the Additional Chief Judicial Magistrate, Sambherlake u/s. 306 Cr. P. C. on 10. 12. 1985, 14. 12. 1985, 21. 12. 1985, Ex. P. 1 to P. 4 fur turning to be an approver. On the application for granting pardon to said approver, the order dated 23. 12. 1985 was passed and his statement Ex. P. 5 was also recorded on the same day. On the presentation of the challan, the statement of Dilbagh Singh was recorded vide Ex. P. 6 on 11. 3. 1986 after completing the required formalities, the identification parade was held on 23. 11. 1985 vide Ex. P. 7. The proceedings for identification regarding Hazoor Singh was held on 13. 12. 1985 vide Ex. P. 8 and copy Ex. P. 24. Similarly proceedings regarding identification of Dilbagh Singh, Manak Chand and Puran Kumar accused were held on 21. 11. 1985 vide Ex. P. 9. The post-mortem of the dead-body was conducted vide Ex. P. 15 by Dr. Brijesh Gupta as per report Ex. P. 20. PW-17 Puran Pratap Nirmal, Sub-Inspector Police had seized the register of deposit of amount on 11. 2. 1986 of Municipal Council Beawar, Octroi Check Post. He also seized register of security deposit of amount, imprest register and transit fee book from the check post Sendra Marg (Jodhpur Road) and Ajmer Road vide Ex. P. 10. As per the statement of approver Dilbagh Singh, the accused persons Sarva Shri Chamkor Singh, Trilochan Singh, Hazoor Singh, Dilbagh Singh and one Balia with the intention of looting had started following the tanker No. DHL 3713 in their truck No. PNB 8600 and had stangulated Gyan Chand driver of the truck. They had thrown the dead-body near Bandra Sindri bridge of which an FIR No. 17/84 had been registered at Kishangarh. It was also stated that at a distance of 16 Kms. of Kishangarh, they had killed the khalasi of the tanker Harbhajan Singh by running over the tanker on the body of Harbhajan Singh. After killing said two persons, the accused persons are alleged to have run away with the tanker to Jaipur and Achrol and sold Soyabeen oil to different persons. As per the approver's statement the tanker was filled up with the oil worth Rs. 1,70,000/- and with the intention to loot the said material, the accused persons had chased the tanker, killed the driver Gyan Chand and helper Harbhajan Singh. Charge-sheet was filed u/s. 395, 396, 404 IPC against the accused Chamkor Singh, Trilochan Singh and Hazoor Singh before the Additional Chief Judicial Magistrate, Sambherlake. ;