PREM SAGAR Vs. DHARAMBIR

JUDGEMENT

(1.) These two appeals are interlinked being directed against the same judgment of the Punjab and Haryana High Court. While Criminal Appeal No. 242/2003 is by the convicted persons, Criminal Appeal No. 243/2003 is by the informant. The three appellants in Criminal Appeal No. 242/2003 have been found guilty of offence punishable under S. 302 read with Ss. 34 and 120-B of the Indian Penal Code, 1860 (for short the IPC). 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. In appeal before the High Court, the death sentence was commuted to life sentence in case of accused-Dharambir and Joginder. The convictions, however, were maintained. It is to be noted that accused-Joginder, as per the information given to this Court by learned counsel for the appellants, has died during pendency of the appeal and, therefore, the appeal so far he is concerned, has abated.

(2.) The background facts are as under : Appellants (Dharambir, Joginder Singh and Karambir) along with their two real brothers - Jagbir Singh and Jasbir Singh and their mother Vanasapati, 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 commit the murder of Dalbir, Vijender and Smt. Kitabo and they murdered them in pursuance of the said agreement and thereby committed offence under S. 120-B, I.P.C. 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 conspiracy, they murdered Dalbir, Vijender and Smt. Kitabo and thereby committed an offence punishable under S. 302 read with S. 120-B, I.P.C. Thirdly, on the same day, time and place, appellant-Dharambir in furtherance of common intention of co-accused-Joginder and Karambir committed murder by intentionally causing the death of Dalbir and thereby he committed an offence punishable under S. 302, I.P.C. while his co-accused-Joginder and Karambir committed an offence punishable under Ss. 302/34, I.P.C. Fourthly, on the same day and in the said area of village Mayyar and in furtherance of common intention Dharambir and Joginder committed murder by intentionally causing the death of Kitabo and thereby they committed an offence punishable under S. 302 read with S. 34, I.P.C. Fifthly, on the same day, time and place and in furtherance of their common intention, all the three appellants did commit murder by intentionally causing the death of Vijender and thereby committed an offence punishable under Ss. 302/34, I.P.C.

(3.) Interestingly, in this case the First Information Report was lodged by accused-appellant-Dharambir before ASI Vinod Kumar (P.W. 12) but during investigation he found that Dharambir along with two others were the assailants and after investigation charge-sheet was placed.