TEJINDER SINGH @ KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These Criminal Appeals are directed against the Judgment and Order dated 05.06.2006 passed by the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No 716-DB of 2004. The Punjab and Haryana High Court affirmed the conviction and sentence of the accused for offences punishable under Sections 302, 376(2)(g), 148, 201,404 read with Section 34 of the Indian Penal Code with different sentences of imprisonment which will be referred to in the later portion of the judgment to run concurrently and fine imposed upon them. The same is under challenge in these appeals by the appellants urging various grounds. However, the High Court acquitted the appellants of the charges framed under Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The appellants have prayed for allowing the appeals by setting aside the impugned judgment of the High Court and to acquit them from all the charges urging various facts and grounds in support of the questions of law framed in these appeals. For proper appreciation of rival factual and legal submissions made by the learned counsel for the parties the relevant facts in relation to the prosecution case are briefly stated as under:

(3.) On 25.05.2000, FIR No. 73 was lodged at Police Station Banga, Nawanshahar on the basis of statement of Nago Ram, S/o Munshi Ram who is relative of Seeso, the deceased, for offences under Sections 302, 376(2)(g), 148, 201, 404 read with Section 34 IPC alleging that on 24.05.2000 at about 9.00 a.m. the deceased went to the field to bring fodder and when she did not return home till afternoon, the informant along with family members of the deceased and villagers started searching her but they could not gather any information. It was alleged that on 25.05.2000 at 8.00 a.m., the informant along with other people went to the sugarcane field searching for the deceased where they found a fresh pit dug filled back with earth inside which the dead body was lying buried in the soil covered with a palli. It was further alleged that the gold ear rings, silver bangles and anklets from the dead body of the deceased were found missing. It was alleged by the informant that Sunny Lal Paswan, the owner of the land along with three-four persons after committing the murder buried the body of the deceased.