SANGEET LODHA,J. - (1.) These appeals are directed against judgment dated 25.4.12 passed by the Additional Sessions Judge No.2, Sri Ganganagar, whereby the appellants Sanjay @ Mahendra, Somveer Singh, Hansraj @ Doctor, Subhash @ Bholu and Balraj @ Chhago were convicted for offences under Sections 302/149, 148/149, 449 and 380 IPC and sentenced as under: Section 302/149 IPC Imprisonment for life and a fine of Rs.5000/- each; in default of payment of fine to further undergo six months simple imprisonment. Section 148/149 IPC Rigorous Imprisonment for three years and a fine of Rs.200/- each; in default of payment of fine to further undergo seven days simple imprisonment. Section 449 IPC Rigorous Imprisonment for ten years and a fine of Rs.1000/- each; in default of payment of fine to further undergo one month simple imprisonment. Section 380 IPC Rigorous Imprisonment for seven years and a fine of Rs.500/- each; in default of payment of fine to further undergo 15 days simple imprisonment. The sentences were directed to run concurrently.
(2.) The prosecution story in nutshell is that on 23.3.09 at 11.30 A.M., the complainant P.W.1-Jaskaran Singh submitted a written report (Ex.P/1) to SHO, Police Station, Sadulsahar, stating therein that he was residing in Dhani of Hardeep Singh in Chak 11 KRW and cultivating 18 bighas land of Hardeep Singh on contract basis. On the said agriculture field, Hardeep Singh had two houses, out of which in one house, complainant resided with his family and in another house, which is located nearby the road, Hardeep Singh and his wife Kuldeep Kaur were residing. On 19.3.09, Kuldeep Kaur went to Ludhiana for attending a marriage and therefore, Hardeep Singh being alone at home, the complainant used to serve the meal to him. Hardeep Singh used to drink liquor daily in the evening. On 22.3.09, at 7.30 P.M., Jaskaran Singh served the meal to Hardeep Singh. After half an hour, Hardeep Singh having taken his meal, switched off the light. Around 9 P.M., when Hardeep Singh again switched on the light, Complainant- Jaskaran Singh went to see him. He saw one man going inside from the main gate, who left the main gate opened. Jaskaran Singh closed the gate and saw that 3-4 persons were present inside and were drinking liquor, serving each other and were insisting Hardeep Singh to consume more liquor. Jaskaran Singh stayed there for 5- 10 seconds but didn't go inside the room, returned back to his home and went to sleep. Next morning, around 7 A.M., when Jaskaran Singh went to serve milk to Hardeep Singh, he saw a rope was tightened around Hardeep Singh's neck and blood was oozing out from the chest. The colour T.V. installed in the room was found missing. According to the complainant- Jaskaran Singh, somebody killed Hardeep Singh and taken away T.V. and other goods in the house were scattered here and there.
(3.) On the basis of the written report (Ex.P/1), the police registered the FIR (Ex.P/44) and the investigation commenced.;