(1.) This appeal has been filed by the accusedappellants against the judgment of conviction and order of sentence dated December 10th, 2001 and December 12th, 2001 respectively passed by learned Sessions Judge Bhatinda, whereby they were convicted for the offence punishable under Sections 302 and 201 of Indian Penal Code (for short "IPC") and sentenced as under:-
(2.) Per prosecution case is that, Jasvir Kaur, accusedappellant, was wife of Kaka Singh (deceased). She had illicit relations with Dilawar Singh, accused- appellant. Kaka Singh asked Jasvir Kaur to mend her ways, but she did not. Due to this, they had strained relations and there used to be quarrels between the husband and wife. Kaka Singh had informed about this fact to his uncle Sadhu Singh-Complainant (PW-8).
(3.) On September 24th, 1999, Sadhu Singh (PW-8) and Baldev Singh went to meet Kaka Singh at his house in Village Raman. Jasvir Kaur, accused-appellant informed them that Kaka Singh had left the house 13-14 days ago, after quarreling with her. A suspicion arose that accused-appellants might have abducted Kaka Singh with an intention to kill him or he was murdered by them. Sadhu Singh (PW-8) reported the matter to the Police in Police Station Raman. First Information Report (Exhibit PJ) was recorded against the accused- appellants under Section 364 read with Section 34 of IPC by Major Singh, Station House Officer (PW-9). Search was made in the village but no clue was found about the accusedappellants.