VINOD KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.3.2004 passed by Additional Sessions Judge, Patiala, whereby he convicted appellants Vinod Kumar, Raj Kumar and Jatinder Singh under Ss. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life each and they were ordered to pay a fine of Rs. 1000/ - each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of six months each. They have been convicted under Sec. 364 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years each and they were ordered to pay a fine of Rs. 1000/ - each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of six months each. They were further convicted under Sec. 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each and they were ordered to pay a fine of Rs. 500/ - each; in default thereof, they were further directed to undergo for a period of three months each. The sentence of each appellant on each count was ordered to run concurrently.

(2.) A synoptical resume of the prosecution case is as under:

(3.) On the basis of the aforesaid complaint, formal FIR No. 174 dated 9.3.2000 under Ss. 365/34 of the Indian Penal Code was registered in Police Station Sadar Patiala. Thereafter, investigation was conducted by the Punjab Police. However, complainant Dharam Pal moved a petition before this Court that the investigation in this case be entrusted to the Central Bureau of Investigation. During investigation, it was found that Desh Raj had left his house on 7.3.2000 at about 5.00 P.M. for Samana and village Todarpur by his car, but he did not come back.