Punjab-Haryana High Court
Gurnam Singh vs State Of Punjab on 19 July, 2012
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CRA-D-822-DB of 2009 [1]
CRA-D-848-DB of 2009
CRA-D-870-DB of 2009
*****
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(1) CRA-D-822-DB of 2009
Date of decision:19.07.2012
Gurnam Singh ....Appellant
Versus
State of Punjab ....Respondent
(2) CRA-D-848-DB of 2009
Date of decision:19.07.2012
Amarjit Singh @ Manga ....Appellant
Versus
State of Punjab ....Respondent
(3) CRA-D-870-DB of 2009
Date of decision:19.07.2012
Versus
Harnek Singh @ Neka and another ....Appellants
Versus
State of Punjab ....Respondent
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: - Mr. Sachin Mittal, Advocate,
in CRA-D-822-DB of 2009.
Mr. Jasjit Singh Bedi, Advocate,
in CRA-D-848-DB of 2009.
Mr. T.S.Sangha, Senior Advocate, with
Mr. J.S. Lalli, Advocate, in CRA-D-870-DB of 2009.
Ms. Gurveen H. Singh, Addl. A.G., Punjab.
*****
CRA-D-822-DB of 2009 [2]
CRA-D-848-DB of 2009
CRA-D-870-DB of 2009
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RAKESH KUMAR JAIN, J.
Three appeals bearing CRA-D-822-DB of 2009, CRA-D-848- DB of 2009 and CRA-D-870-DB of 2009 are being disposed of together as they arise out of order of the Trial Court dated 26.08.2009 convicting all the appelalnts for the offences punishable under Sections 120-B/302/201 of the Indian Penal Code, 1860 [for short "IPC"] and sentencing them as under:-
Name of the Convicted under Sentence imposed In default of convict section payment of fine. Gurnam Singh 120-B of the Indian Rigorous imprisonment Penal Code for two years 302 of the Indian Imprisonment for life Further Penal Code and fine of `2,000/-. imprisonment for a period of three months.
201 of the Indian Rigorous imprisonment Further
Penal Code for three years and fine imprisonment for a
of `1,000/-. period of two
months
Harnek Singh 120-B of the Indian Rigorous imprisonment Penal Code for two years 302 of the Indian Imprisonment for life Further Penal Code and fine of `2,000/-. imprisonment for a period of three months 201 of the Indian Rigorous imprisonment Further Penal Code for three years and fine imprisonment for a of `1,000/- period of two months CRA-D-822-DB of 2009 [3] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** Amarjit Singh 120-B of the Indian Rigorous imprisonment Penal Code for two years 302 of the Indian Imprisonment for life Further Penal Code and fine of `2,000/- imprisonment for a period of three months 201 of the Indian Rigorous imprisonment Further Penal Code for three years and fine imprisonment for a of `1,000/- period of two months Malkiat Singh 120-B of the Indian Rigorous imprisonment Penal Code for two years Imprisonment for life Further 302 of the Indian and fine of `2,000/-. imprisonment for a Penal Code period of three months.
201 of the Indian Rigorous imprisonment Further
Penal Code for three years and fine imprisonment for a
of `1,000/- period of two
months.
The FIR (Ex.PW12/B) was registered on the complaint of SI/SHO Jarnail Singh (PW12) at Police Station GRP, Patiala and reads as under:-
"I, SI/SHO along with ASI Gurdeep Singh No.591, Rajinder Singh C-1241, Rakesh Kumar C-635 were present at Railway Police Post, Rajpura, in connection with checking vide DDR No.3, time 11/50, Rampal HC 711 informed on mobile telephone that the dead bodies of two young men were lying in the railway line and out of the railway track KM No.232/9-11 between Railway Station Gaggar-Chandigarh. Then on this information, CRA-D-822-DB of 2009 [4] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** I, SI/SHO along with above-noted police men reached at the spot in the private vehicle, at where HC Rampal 711/GRP, Jagjeet Singh C 1285, and Gangmen Ganga Ram and Kailash Gang No.37 were found in keeping watch over the dead bodies at the spot . Then HC Rampal 711 produced before me Memo of information duly in English from S.S.Lalru. "Dated 31.12.2005, Time 00.30, 13/SS/GHG/2005 as reported by Petrolman Sh. Baboo Lal two dead bodies lying at KM No.232/10- 11 between GHG/CHD. Take necessary action please. Sd. SS Lalru." Then, I, took the present person at the spot and done the inspection and after the inspection, it was transpired that at the K.M.No.232/11-10, there are marks of placing and pulling the dead bodies at the two places, in below of railway track and adjoining on its dust and grass and blood was lying on the two sides and the dead bodies of two youngmen were cut due to the railway train in the railway track No.232/9-11. In the mean time, Gurdeep Singh son of Chotta Singh, caste Ramdasia, resident of village Mohri Thikri, PS Derra Bassi, District Patiala come present at the spot who told after seeing the both dead body cut from waist to head lying in KM No.232-10-11 between KM No.232/9, is the CRA-D-822-DB of 2009 [5] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** dead body of Rajesh Kumar son of Behal Singh, resident of village Suderapura, Narwana and the dead body which is cut from above waist to legs lying between KM No.232/9-10 is of his brother Gurcharan Singh son of Chotta Singh, caste Ramdasia, resident of Mohri Thikri, PS Derra Bassi, District Patiala. After making the inspection of the body of Rajesh, there are the mark of sharp edged weapon on the left side of neck and in front of neck and also on the stomach and the forehead of his head was completely broken and in the same manner, there are the sharp edged weapon marks on the stomach of his body and on the chest and in front of neck and the forehead of Gurcharan Singh head was also broken. On the inspection of the dead bodies of deceased Rajesh and Gurcharan Singh, some unknown person have committed the murder with the sharp edged weapons and placed the dead bodies on the dust and grass of the railway line with a view to disappear the evidence and to dispose of the dead bodies to which the same were cut due to some unknown train. Anyhow the unknown person have committed the offence under Section 302/201/34 IPC by murdering deceased Rajesh and Gurcharan Singh and placing their dead bodies on the CRA-D-822-DB of 2009 [6] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** railway line. Ruqa has been sent through the hand of Constable Rakesh Kumar 635 for registration of FIR and number be known on the FIR file. I, SI/SHO along with Co-police men are busy at the spot for investigation. Special report be sent."
SI Jarnail Singh (PW12) conducted investigation. Inquest report was prepared. Photographs of the dead bodies were taken. Rough site plan was drawn. Blood stained earth, grass and stones were lifted and taken in possession vide separate recovery memos. After postmortem, offences under Sections 148/149 IPC were also added. On 03.01.2006, accused Gurmail Singh son of Ram Singh, resident of village Kakrali was arrested who made disclosure statement about the other accused. On 04.01.2006, at about 6.30 a.m., accused Gurmail Singh went to toilet, fell unconscious and died on the way while being shifted to Civil Hospital, Rajpura. In this regard, proceedings under Section 174 of the Code of Criminal Procedure, 1973 [for short "Cr.P.C."] were conducted and the investigation was transferred by the A.I.G., G.R.P. to Inspector Lakha Singh, SHO, GRP, Patiala. On 05.01.2006, he arrested accused Gurnam Singh, Malkiat Singh, Jaspal Singh, Amarjit Singh and Harnek Singh. Thereafter, the investigation was conducted by different officers at different stages.
On completion of the investigation, report under Section 173(2) Cr.P.C. was presented in Court on 31.03.2006 against the present appellants CRA-D-822-DB of 2009 [7] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** and a supplementary report under Section 173(8) of Cr.P.C. was also presented on 26.05.2006 against Gurdeep Singh and Amrik Singh.
From the report under Section 173(2) Cr.P.C. and supplementary report under Section 173(8) Cr.P.C., offences under Sections 120-B/302/201 IPC were found to have been committed by the appellants and accordingly, charges were framed against them on 02.12.2006, to which the accused did not plead guilty and claimed trial.
The autopsy of the dead body of Rajesh was conducted by a team of doctors comprising of Dr. Tarsem Khurana (PW7), Dr. Tejinder Singh, Dr. Khosla, Dr. Harjinder Singh and the following injuries were found on his person:-
"Male body aged about 26/27 years. Body is present in parts i.e. head, neck, face and chest (one part), right leg and right foot. Body is incised at the level of 4 cm below the right and left nipples. Lower part of the body was missing. Right leg was separated from the hip bone with incised wound and exposed underline structures.
Incised wound 22 X 5 cm on the back of the right thigh in its middle. 22 cm from the upper end of the separated leg and 24 cm from the back of the knee. Multiple contusions of varying sizes and incised wounds measuring 2 X 1 cm, 3 X 1 cm, 4 X 2 cm and 4 X 1 cm CRA-D-822-DB of 2009 [8] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** are present over the separated leg.
Skull is fractured at multiple sites and brain matter was absent.
Penetrating wounds 1 X 1 cm and 2 X 2 cm were present on left side of the neck in its middle. On exploration lacerating the corresponding blood vessels. Margins were read and regular.
3 X 2 cm penetrating wound present on the left supra-clavicular region 3 cm above the left clavical in its middle.
Incised wound 2 X 1 cm present to the left temporal region.
Incised wound 4 X 2 cm on the right side of chin with underline bone fracture involving the lower central teeth.
Blackish brown contusion present around the left arm with underline bone fractured with diffuse swelling.
Blackish brown bruise with diffuse swelling present on the outer side of the left arm with under line bone fractured.
Lacerated wound 2 X 1 cm on the back of right little finger on the proximal phalanx with fracture underline bone. Margins were red.
CRA-D-822-DB of 2009 [9]
CRA-D-848-DB of 2009
CRA-D-870-DB of 2009
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Lacerated wound 3 X 2 cm on the inner side of right index finger on proximal phalanx with fractured wound.
Viscera was absent."
Cause of death in this case in their opinion was hemorrhage and shock due to multiple injuries which were antemortem in nature and were sufficient to cause death in ordinary course of nature. However, possibility of injuries being inflicted due to railway accident was ruled out. He proved postmortem report Ex.PC and inquest report Ex.PD."
The same board of doctors conducted postmortem on the dead body of Gurcharan Singh and found the following injuries on his person:-
"Male body aged about 28/30 years. Lower part of the body is separated with incised wound at the level of 10 cm below the xiphisternum. Viscera was missing except lungs.
Skull is fractured at multiples sites (6 in number). Incised wound measuring 3 X 1 cm, 4 X 2 cm, 2 X 1 cm,
5 X 2 cm, 4 X 1 cm and 3 X 1 cm with contusion of the brain matter.
Incised wound extending from left anterior axillary fold up to the posterior axillary fold with 6 cm CRA-D-822-DB of 2009 [ 10 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** width and showing underline structures with underline bone fractured. Margins were red.
Incised wound 3 X 2 cm obliquely present on the outer upper part of left arm.
Incised wound 2 X 1 cm present just above the Supra-sternal notch.
Incised wound 2 X 1 cm present on the upper part of sternum.
Incised wound 2 X 1 cm on the centre of sternum with underline bone fracture on exploration fractured ends of the bone lacerating the corresponding part of pleura and lung (left).
Incised wound 2 X 1 cm present across the xiphisternum.
Brownish black contusion 7 X 5 cm on the back of left forearm with underlying bone fractured.
Incised wound 14 X 8 cm on the back of right forearm with underlying bone fractured and showing underlying structures.
Incised wound 4 X 3 cm, 4 cm below the above injury with underlying bone fractured.
Incised wound 4 X 3 cm on the nape of neck in its centre.
CRA-D-822-DB of 2009 [ 11 ]
CRA-D-848-DB of 2009
CRA-D-870-DB of 2009
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Incised wound 5 X 2 cm obliquely present on right side of back of head.
Incised wound 6 X 5 cm just below the right ear with half of the right ear missing.
Lacerated wound 8 X 3 cm horizontally present on the front of the upper part of left knee.
Incised wound 12 X 5 cm present on the left inguinal area.
Incised wound 8 X 2 cm on the plantar surface of left foot.
Dislocated and fractured right ankle joint.
Cause of death in this case in their opinion was hemorrhage and shock due to multiple injuries which were ante mortem in nature and were sufficient to cause of death in ordinary course of nature. However, possibility of injuries being inflicted due to railway accident was ruled out. He proved copy of postmortem report Ex.PG and inquest report Ex.PF."
Dr. Baldev Singh (PW13) conducted medico legal examination of Ranjit Singh (PW1) on 02.01.2006 and found the following injuries on his person:-
"1. Complaint of pain over the right fore arm, movements were limited swelling of the right fore CRA-D-822-DB of 2009 [ 12 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** arm was there, advised X-ray of right fore arm.
2. An abrasion present on the bridge of nose and upper part of the chest left side and just above left eye brow reddish in colour.
All the injuries were caused by blunt weapon and probable duration of injuries was not mentioned. Injury No.1 was subjected to X-ray report and injury No.2 was declared simple in nature. He proved copy of medico legal report Ex.PW13/A, pictorial diagram Ex.PW13/B and police request Ex.PW13/C."
In support of its case, the prosecution examined Ranjit Singh (PW1), an eye witness of the occurrence in question who did not support the prosecution case completely and was declared hostile, Gurvinder Singh (PW2) who is an eye witness of the occurrence in question, Kamlesh (PW3) mother of the deceased Gurcharan Singh, Naveen Mittal (PW4) the then Station Master, Lalru who proved information Ex.PW4/A sent to the Railway Police, Babu Lal Gangman (PW5) who had noticed dead bodies lying on the railway track, on 30.12.2005, Maan Singh (PW6) who is a witness to the recovery of Motorcycle and Tractor Trolley effected from accused Harnek Singh and Amarjit Singh respectively and who proved documents Ex.PW6/B, PW6/C and Ex.PA, Dr. Tarsem Khurana (PW7) who was member of the board which conducted postmortem examination on the CRA-D-822-DB of 2009 [ 13 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** dead bodies of Rajesh and Gurcharan Singh and who proved documents Ex.PB to Ex.PG relating to the postmortem examination, HC Ram Pal (PW8) who was member of the police party headed by SI Jarnail Singh and who proved documents Ex.PW8/A to Ex.PW8/K being attesting witness thereof. HC Inderjit Singh (PW9) and HC Ajaib Singh (PW10) brought on record their affidavits Ex.PW9/A and Ex.PW10/A respectively. Jaspal Singh Patwari (PW11), Halqa Dera Bassi proved site plan Ex.PW11/A. Inspector Jarnail Singh (PW12) conducted preliminary investigation of this case and proved documents Ex.PW12/A to PW12/D1, Ex.PW4/A and Ex.PW8/A to Ex.PW8/K and also produced case property Ex.P1 to Ex.P4. Dr. Baldev Singh (PW13) conducted medico legal examination of Ranjit Singh (PW1) and proved medico legal report, pictorial diagram and police request as Ex.PW13/A to Ex.PW13/C. Darshan Singh (PW13-A) Photographer proved photographs Ex.PW13/A to Ex.PW13/H and negatives Ex.PW13/A1 to Ex.PW13/H1. Mahipal Sharma Clerk (PW14) in the office of SDM, Dera Bassi proved registration certificate Ex.PW14/A of the tractor in question. ASI Gurmeet Singh (PW15) also conducted investigation of this case partly and recorded supplementary statements of Ranjit Singh and Gurmeet Singh. Lakha Singh (PW16) retired DSP also conducted investigation of this case and proved documents Ex.PW16/1 to Ex.PW16/13, Ex.PW6/A to PW6/C and produced case property MO1 and MO2. Gurdip Singh (PW17) brother of deceased Gurcharan Singh also made statement corroborating the prosecution case and proved his statement CRA-D-822-DB of 2009 [ 14 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** Ex.PW17/A. Balbir Singh Radiographer (PW18) of A.P. Jain Civil Hospital, Rajpura produced record. ASI Amarvinder Singh (PW19) also conducted investigation of this case partly and proved documents Ex.PW19/A to PW19/F. Other witnesses were given up by the prosecution. After tendering chemical report Ex.PX, the prosecution closed its evidence, on 20.7.2009.
When examined U/s 313 of the Code of Criminal Procedure, the accused denied all the circumstances appearing against them in the prosecution evidence and pleaded false implications. They further stated that actually Gurmail Singh son of Chhota Singh, resident of village Kakrali, who is related to some of the accused was arrested in a false case by Inspector Jarnail Singh. He died in police custody, due to torture and a case under section 304 of the IPC was made against the police officials, which is still pending. In this regard the accused protested and held demonstration against the police regarding custodial death of Gurmail Singh. News items also appeared in the news papers in this regard. The police, in order to silence them and to save their skin in the criminal case, falsely implicated the accused in this case. The accused have no concern with Manjit Kaur about whom a false story was concocted becuase of a conspiracy between police and the complainant. In their defence, the accused tendered into evidence documents Ex.D1 to Ex.D4.
In order to knock the bottom out of the prosecution story, counsel for the appellants have argued that out of the two alleged eye-
CRA-D-822-DB of 2009 [ 15 ]
CRA-D-848-DB of 2009
CRA-D-870-DB of 2009
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witnesses, namely, Ranjit Singh (PW1) and Gurvinder Singh (PW2), Ranjit Singh (PW1) has already been declared hostile and the statement made by Gurvinder Singh (PW2) is not believable. It is submitted that Gurvinder Singh (PW2) is a resident of village Pilkhani which is 57 Kms. away from village Kakrali and has admitted in his cross-examination that he has no relation in village Kakrali and was a planted witness to create the evidence. It is also submitted that the statements of Kamlesh (PW3) and Gurdeep Singh (PW17) are of no consequence being evidence of hearsay because they have admitted that the alleged occurrence was narrated by Gurvinder Singh (PW2). It is further submitted that the prosecution has failed to prove the motive as nothing has been produced on record about the illicit relations of Manjit Kaur and Gurcharan Singh. It is further argued that the alleged tractor-trolley bearing registration No.HR-05A-3527, which has been allegedly used by them in transporting the dead bodies of the deceased, and the motorcycle were not found having any blood stains. Lastly, it is argued that the prosecution has used Gurmail Singh for naming the appellants, whereas the said Gurmail Singh died in the police custody and FIR under Section 304 IPC was registered against Investigating Officer/Inspector Jarnail Singh (PW12).
On the other hand, learned State counsel has argued that insofar as Gurmail Singh is concerned, he was arrested on 03.01.2006, who was alleged to have named the appellants, but in the statement Ex.PA of Ranjit Singh (PW1) and Ex.DA of Gurvinder Singh (PW2), recorded on CRA-D-822-DB of 2009 [ 16 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** 02.01.2006 under Section 161 Cr.P.C., the appellants were nominated. It is further submitted that the the tractor-trolley and motorcycle, which were recovered vide recovery memos Ex.PW6/B and Ex.PW6/C on 08.01.2006 about 6 days after the occurrence, may not have the blood stains as there was ample time for the appellants to wash the same. He further submitted that even if Ranjit Singh (PW1) has turned hostile, but in his cross- examination by the Public Prosecutor, he had admitted that he had made his statement on 02.01.2006 to the police. He has stated that full name of Bindu is Gurvinder Singh and he was on scooter at that time. Gurcharan Singh had asked Gurvinder Singh to follow them. Gurvinder Singh might have followed them but I did not notice it. He has also admitted that he narrated the entire occurrence to Gurdip Singh, brother of Gurcharan Singh. Gurvinder Singh (PW2) is the eye-witness who had seen the appellants along with others during the commission of crime and had also overheard them. He has stated that his village Pilkhani is 57 Kms. away from village Kakrali. Kamlesh (PW3), mother of deceased Gurcharan Singh belongs to village Mohar Thikri where he has been visiting for the last 4 years. He had a crusher, tractor-trolley in village Mohar Thikri which is 1-½ Kms. away from village Kakrali. He has also admitted that Ranjit Singh (PW1) was present at the spot at the time of occurrence. It is further argued that even if Ranjit Singh (PW1) has turned hostile, he had admitted the presence of Gurvinder Singh (PW2) at the spot at the relevant time.
We have heard both the counsel for the parties and perused the CRA-D-822-DB of 2009 [ 17 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** record.
The entire thrust of counsel for the appellants is on the fact that as there were two eye-witnesses, out of whom Ranjit Singh (PW1) has already turned hostile, therefore, the conviction on the sole testimony of Gurvinder Singh (PW2), whose statement is discrepant in many ways, can not sustain.
On careful reading of statement of Ranjit Singh (PW1), we have found that he had admitted to have made a statement to the police on 02.01.2006. It is that statement in which he had named the accused/appellants of their involvement in the crime. He has also admitted that "it is correct that full name of Bindu is Gurvinder Singh and he was on scooter at that time. Gurcharan Singh had asked Gurvinder Singh to follow them". Gurvinder Singh (PW2) has stated that on 30.12.2005, at about 6.15/6.30 p.m., while he was coming to village Philkhana and was going to village Ramgarh, Gurcharan Singh, Rajesh and Ranjit Singh met him on a Pulsar motorcycle near the bridge. Gurcharan Singh asked him to come with them and when he tried to run his scooter, its engine stopped, therefore, he parked his scooter there and followed them on foot. At that time, when he crossed a stone crusher and reached near the plot of Manga, attack was opened by the appellants and others upon Gurcharan Singh, Rajesh and Ranjit Singh. He had identified all the accused and has also stated that the dead bodies and the motorcycle were loaded in the tractor- trolley and were taken towards river Ghaggar. From this statement, it is CRA-D-822-DB of 2009 [ 18 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** apparent that both Ranjit Singh (PW1) and Gurvinder Singh (PW2) were present at the scene of crime, however, due to some pressure, Ranjit Singh (PW1) turned hostile but could not deny in his cross-examination about the presence of Gurvinder Singh (PW2) at the spot. Gurvinder Singh (PW2) was present at the spot and has narrated the manner in which the offence was committed, which found corroboration from the medical evidence according to which Gurcharan Singh and Rajesh were found to have suffered extensive injuries on their upper part of the body before they were allegedly cut into pieces having been run over by speeding train. It was also found during investigation that there were sign of dragging of the dead bodies which also find corroboration with the fact that they were transported to the railway track from the scene of crime to give it a colour of suicide. The statements of Gurdip Singh (PW17), brother of Gurcharan Singh, cannot be outrightly rejected because Ranjit Singh (PW1) has admitted in his cross-examination that he had narrated the entire occurrence to him.
Further the stand taken by the appellants is that Gurmail Singh, resident of village Kakrali, was arrested by Inspector Jarnail Singh (PW12) on 03.01.2006 and he died in custody on 04.01.2006 regarding which there were demonstration and protest in the area in which the appellants had also participated and a case under Section 304 IPC was registered against PW12 who was suspended and the appellants were falsely implicated as they belong to village Kakrali and participated in the demonstration. However, the statements of Ranjit Singh (Ex.PA) and Gurvinder Singh (Ex.DA) were CRA-D-822-DB of 2009 [ 19 ] CRA-D-848-DB of 2009 CRA-D-870-DB of 2009 ***** recorded on 02.01.2006 on the basis of which some accused were nominated, whereas Gurmail Singh was arrested by the police on 03.01.2006. In view thereof, we are satisfied that the defence of the appellants is afterthought.
It is also the case of the appellants that the prosecution has failed to attribute any motive to them to commit the alleged offence, but it is revealed from the record that Kamlesh (PW3) and Gurdip Singh (PW17) have categorically stated that Gurcharan Singh (deceased) was having an affair with Manjit Kaur, resident of Kakrali, which was the talk of the town at that time because Gurcharan Singh (deceased) belong to Ramdasia caste. The appellants are residents of village Kakrali and are stated to be related to Manjit Kaur.
After considering the circumstances and the statment of Gurvinder Singh (PW2), we are of the considered opinion that the prosecution has proved its case against the appellants and no error has been committed by the learned Trial Court in passing the order of convition and sentence against the appellants.
In view of the aforesaid discussion, we do not find any merit in the present appeals and, thus, the same are hereby dismissed.
[ Jasbir Singh ] [ Rakesh Kumar Jain ]
Acting Chief Justice Judge
19.07.2012
vinod*
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