(1.) Appellants-accused Baljit Singh, Avtar Singh, Rama Shankar alias Manka and Rajinder Kumar alias Ajinder Kumar vide judgment and order of sentence dated 24.05.2003 were held guilty and were convicted for the commission of offence under Sections 449, 457 and 302 read with Section 34 of the Indian Penal Code (for short "I.P.C.") and were sentenced as under:-
(2.) Based on the statement of Mohinder Singh, formal First Information Report was recorded. Appellants-accused Baljit Singh, Avtar Singh, Rama Shankar alias Manka and Rajinder Kumar alias Ajinder Kumar were arrested and interrogated. Statements of witnesses under Section 161 Cr.P.C. were recorded.
(3.) On completion of investigation, inquiry report as envisaged under Section 173 of the Code of Criminal Procedure (for short "Cr.P.C") was presented by the prosecution against all the four accused-appellants. The case was committed and on the basis of the material available the accused-appellants were charge sheeted for the commission of offence under Sections 449, 457 and 302 read with Section 34 of I.P.C. for having committed house trespass, theft of ornaments and murder of Hardial Singh. They pleaded not guilty to the charges and claimed trial.