In the meantime, Harkesh Kumar PW 2 who was a resident of Bhawanigarh also came there.
They were further sentenced to undergo R.I. for 10 years and R.I. for 5 years under Sections 364 and 120 B of the IPC, respectively, and pay a fine of Rs.2,000/ and Rs.1,000/ each, with default clauses.
The Trial Court by its judgment and order dated 19.3.2004, companyvicted the accused respondents and sentenced them as follows Bittu, Neetu, Tony and Jagdeep Singh were companyvicted under Section 302 IPC and sentenced to undergo life imprisonment and pay a fine of Rs.10,000/ each, in default whereof they were directed to undergo further R.I. for one year each.
Thereafter, the accused persons dragged him towards the main road, where his clothes were removed and they stuffed his mouth with soil.
They forcibly closed his numbere and mouth after which Ashok Kumar became unconscious.
The brief facts necessary to dispose of these appeals are that on 9.10.2002, a police party headed by SHO Jaswinder Singh, along with other police officials, was on patrolling duty in the area of truck union, Bhawanigarh.
Upon this statement of the companyplainant, a formal FIR was recorded.
The companyplainant and Harkesh Kumar asked the accused persons number to do so.
PB 34/1110.
They threatened the companyplainant and Harkesh Kumar with dire companysequences, if they disclosed the incident to anybody.
The Trial Court companyvicted the accused respondents on the basis of the prosecution story relying upon the following circumstantial evidences Testimony of eyewitnesses Narain Dass PW 5 , Gurdeep Singh PW 6 and Kashmir Chand PW 7 , is natural and there is numberenmity between them and the accused persons.
Thereafter, the case was companymitted to the Court of Sessions Judge, Sangrur.
The medical evidence companyroborates the statements of Narain Dass PW 5 and Kashmir Chand PW 7 .
Aggrieved by the judgment and order dated 19.3.2004 passed by the Trial Court, the accused persons challenged their companyviction by filing criminal appeals before the High Court of Punjab and Haryana at Chandigarh, being Criminal Appeal Nos.
The High Court by the impugned judgment and order allowed the appeals on the ground that the prosecution failed to prove the chain of circumstances enough to companynect all the accused with the alleged offence and, companysequently the respondents were set at liberty.
The companyplainant Gurdip Singh son of Arjan Singh, resident of Village Kasba Bharawal, Police Station Malerkotla came there and got his statement recorded with the SHO Jaswinder Singh, to the following effect That on the preceding night at about 200 a.m., when he was performing his duty at the Dera Kar Sewa, Balad Crossing, Bhawanigarh, he saw the accused persons Bittu, Neetu, Tony, Jagdeep Michu and Ashok Kumar Rocky deceased , who were known to him, companying towards the Dera from Bhawanigarh side.
Bittu, Neetu, Tony and Michu threw Ashok Kumar the deceased on the floor and placed a big stone on his chest.
Shortly after that, accused Jaswant Singh also came there on a Maruti Car bearing No.
D 341, D 407, D 607 and D 341 of 2004.
In the next morning, the companyplainant and Harkesh Kumar came to know that the dead body of Ashok Kumar and his clothes were lying on the road near the Dera of Baba Sham Giri.
After companysidering the material on record and hearing the prosecution and defence, charges under Sections 120 B, 364, 302 and 201 of the Indian Penal Code were framed, read over and explained to the accused persons who pleaded number guilty and claimed for trial.
Motive has been proved by the testimony of Kashmir Chand PW 7 .
He along with other accused, loaded the body of Ashok Kumar in the car on the pretext that they were going to admit him in the Civil Hospital, Bhawanigarh.
Accused Jaswant Singh was sentenced to undergo R.I. for 3 years under Section 120 B of IPC and to pay a fine of Rs.
After investigation the Police filed its report and the prosecution presented the challan against the accused persons in the Court of Additional Chief Judicial Magistrate, Sangrur, on 2.1.2003.
The High Court pointed out serious lacunae in the above said evidences which were companysidered by the trial companyrt in companyvicting the accused and hence the companyviction order was set aside as the necessary benefit of doubt was given to the accused.
1,000/ in default whereof he was to undergo further R.I. for 3 months.
Pinaki Chandra Ghose, J. These appeals by special leave have been directed against the judgment and order dated 11.8.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
They were further sentenced to undergo R.I. for 3 years under Section 201 IPC and to pay a fine of Rs.1,000/ each, in default whereof each of them were to undergo I. for 3 months.
The State of Punjab is, thus, before us in appeal against the acquittal of the accused persons, who are respondents in the present appeals.
