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F. It was on 2.3.1998, i.e., after filing of the charge-sheet that Kuldip Singh (PW.16) revealed the facts to the CBI (New Delhi Office) in respect of abduction and murder of Jaswant Singh Khalra.

Kuldip Singh (PW.16), made voluntary statement to the CBI that he was a privy to all that happened with Shri Jaswant Singh Khalra from the time he was brought to the Police Station, Jhabal till his death. He was Special Police Officer (hereinafter called `SPO') attached to Satnam Singh, SHO, Police Station Jhabal, and was promised to be inducted into the Punjab Police permanently. Shri Jaswant Singh Khalra had been detained in a room in Police Station Jhabal and the witness had been assigned the duty by Satnam Singh, SHO, to serve him meals etc. He had been directed to keep the matter most secret and not to disclose anything to anybody. He had been serving the meals to Shri Khalra who had become very weak and fragile and was having scratch marks on his body. After 4-5 days, Ajit Singh Sandhu, SSP, Jaspal Singh, DSP, alongwith his bodyguard Arvinder Singh came in a Maruti car without having any registration number at 7.00 PM. After sometime, Satnam Singh, SHO, Jasbir Singh, SHO and Prithipal Singh also came in another Maruti car. They all went to the room where Shri Khalra had been detained and Ajit Singh Sandhu, SSP, asked him to stop his activities. Shri Khalra was beaten by them and, thereafter, they left the said place. After about 3 days of the said incident, in the afternoon, Satnam Singh, SHO, had taken Shri Khalra alongwith the said witness to Taran Taran at the residence of Ajit Singh Sandhu, SSP. Some high officials of police including the then Director General of Police, Punjab, came there and they talked to Shri Jaswant Singh Khalra in a closed room. After sometime, Shri Khalra was brought back to Jhabal Police Station. On one day, at about 7.00 PM, Jaspal Singh, DSP, came there with his bodyguard Arvinder Singh and after sometime, Surinderpal Singh, Jasbir Singh and Prithipal Singh also came. They all went to the room where Shri Jaswant Singh Khalra had been detained and started beating him.

Notices were issued to the four appellants for enhancing the sentences awarded to them while dismissing their appeals. On 16.10.2007, the High Court enhanced the sentence of four appellants, namely, Satnam Singh, Surinderpal Singh, Jasbir Singh and Prithipal Singh from seven years RI to life imprisonment.

Hence, these appeals.

3. Shri Sushil Kumar, learned senior counsel appearing for the appellants in Crl. Appeal Nos. 523-527/2008, has submitted that in the instant case, an FIR had been lodged under Section 365 IPC without naming any person. The charge-sheet was filed under Sections 365/220 read with Section 120B IPC and the sanction dated 19.8.1996 had been obtained by the prosecution from the Competent Authority to prosecute the accused persons under Sections 365/220 read with Section 120B IPC. The appellants stood convicted under Section 364 read with Section 34 IPC and were awarded 7 years RI each. In case, the appeals of these appellants had been dismissed by the High Court, there was no justification for enhancing the punishment in exercise of the power under Section 386(e) Cr.P.C. The High Court committed error in observing that it was a fit case for enhancement of punishment though charges had never been framed for the offences providing more rigorous punishment. In case, there had been no material at the time of framing of the charges for a more serious offence, the High Court erred in enhancing the punishment suo motu. The prosecution witnesses failed to identify the abductors. Moreover, there had been inordinate delay in investigation and thus, there were a lot of improvements and manipulations in the record.

36. After investigating the matter in pursuance of orders passed by this Court, the CBI filed charge-sheet on 13.10.1996 in the court of Magistrate at Patiala against nine police officers, wherein the main accused was Ajit Singh Sandhu, the then SSP of Taran Taran District. However, the trial court vide order dated 25.7.1998 framed the charges against eight persons, namely, Ashok Kumar, Satnam Singh, Rachpal Singh, Jasbir Singh, Amarjit Singh, Surinderpal Singh, Prithipal Singh and Jaspal Singh, DSP. Charges could not be framed against Ajit Singh Sandhu, SSP, for the reason that he committed suicide before framing of the charges. The charges had been that all of them agreed to abduct and eliminate Shri Jaswant Singh Khalra. Thus, all of them stood charged under Section 120-B IPC. All of them were charged under Sections 364 read with 34 IPC.

39. The accused had been identified correctly in the court by various witnesses. Smt. Paramjit Kaur (PW.2) identified Jaspal Singh, Surinderpal Singh and Jasbir Singh; Kirpal Singh Randhawa (PW.7) identified Satnam Singh; Kulwant Singh (PW14) identified Jaspal Singh and Satnam Singh; Rajiv Singh (PW.15) identified Jaspal Singh, Satnam Singh and Prithipal Singh; and Kuldip Singh (PW.16) identified Jaspal Singh, Satnam Singh, Surinderpal Singh, Jasbir Singh and Prithipal Singh.