The second charge against the appellants was that on 29.6.2000 at about 10.30 p.m. in the area of the said village and in pursuance of their companyspiracy, they murdered Dalbir, Vijender and Smt.
While accused appellants Dharambir and Joginder were awarded death sentence by learned Sessions Judge, Hisar, appellant Karambir was sentenced to undergo imprisonment for life.
Each of the accused persons was asked to pay a fine of Rs.25,000/ each .
P.C. As numbered above, the High Court companyverted the death sentence into life sentence.
The companyvictions, however, were maintained.
During trial and before the High Court, prosecution relied on the version of Prem Sagar PW15 who claimed to be an eyewitness.
While accused persons have questioned the companyrectness of the judgment so far as their companyviction and sentence are companycerned, the informant has companytended that the High Court was number justified in altering the death sentence to life sentence.
The three appellants in Criminal Appeal No.242/2003 have been found guilty of offence punishable under Section 302 read with Section 34 and 120 B of the Indian Penal Code, 1860 for short the IPC .
Interestingly, in this case the first information report was lodged by accused appellant Dharambir before ASI Vinod Kumar PW12 but during investigation he found that Dharambir along with two others were the assailants and after investigation charge sheet was placed.
The backgrounds facts are as under Appellants Dharambir, Joginder Singh and Karambir along with their two real brothers Jagbir Singh and Jasbir Singh and their mother Vanaspati, in all six accused, were charged sheeted by the learned trial Court on the allegations that about 7 8 days prior to the date of occurrence i.e. 29.6.2000, in the area of village Mayyar, resolved to do an illegal act to companymit the murder of Dalbir, Vijender and Smt.
In appeal before the High Court, the death sentence was companymuted to life sentence in case of accused Dharambir and Joginder.
While Criminal Appeal number242/2003 is by the companyvicted persons, Criminal Appeal number243/2003 is by the informant.
The trial companyrt and the High Court found his evidence to be credible, companyent and acting on it directed companyviction and imposed sentence as aforesaid.
ARIJIT PASAYAT, J. These two appeals are interlinked being directed against the same judgment of the Punjab and Haryana High Court.
