GOPI CHAND ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) Tejpal, Gopi Chand and Krishan Lal have preferred these six appeals (two each) against their conviction vide two judgments dated 3rd March, 2009 by which the appellants have been convicted under Sections 302, 396, 201 and 120B of the Indian Penal Code 1860 (IPC, for short) for murder of Arun Kumar subject matter of FIR No. 300/1984, P.S. Civil Lines and for murder of Jasbir, subject matter of FIR No. 190/1984, P.S. Alipur. By separate orders of sentence dated 7th March, 2009, under FIR No.300/84 three appellants have been sentenced as under:-

(2.) The impugned judgments record that the trial and the charge sheets were consolidated pursuant to an application moved by the State but separate charges were ordered to be framed in the two cases. In a nutshell, consolidated and one set of evidence was recorded but the trials were not amalgamated as a single trial. Thus, there are two judgments and orders of sentence. As the facts are intertwined and overlapping, we have disposed of these appeals by this common judgment.

(3.) The prosecution version is that Arun Kumar and Jasbir were driver and cleaner, respectively, of Truck No. URM 660 which was owned by Dayal Chand (PW23). The appellants along with one Ram Chail, who died during the course of trial, and Ashok Kumar, who later became an approver, had committed or had conspired and committed murder of Arun Kumar and Jasbir on 12th July, 1984 with the motive and purpose of stealing the Truck No. URM 660.