SURMUKH SINGH @ SONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid three appeals, therefore, these are taken up together and disposed of by a common judgment.

(2.) These appeals are directed against the judgment and order dated 28.09.2018 rendered by the Additional Sessions Judge, Patiala, in Sessions Case No.16 dated 08.08.2016 whereby the appellant Surmukh Singh was charged with and tried for offences punishable under Sections 302, 382, 201 read with Section 120-B of the Indian Penal Code (in short 'IPC') and appellants Sukhwinder Singh and Bunti were charged with and tried for offence punishable under Section 201 read with Section 120-B IPC. The appellants were convicted and sentenced as under:-

(3.) The case of the prosecution in a nutshell is that a complaint was lodged by PW-2 Bir Singh @ Bir Bhan to the effect that his son Sukhdev Singh was a labourer. On 23.12.2015 at 11.00 A.M. he had gone with his family to the house of his sister-in-law on a motorcycle bearing registration no.PB-11-Z-5806. He came back to his village in the evening. He dropped his family and thereafter left the house. He appeared to have consumed alcohol. Sukhdev Singh did not come back in the intervening night of 23rd and 24th December, 2015. His mobile phone was switched off. In the morning hours at about 08.30 A.M. of that day, the complainant came to know about the dead body of Sukhdev Singh lying near a sign board. He along with his son PW-3 Subhash Chand went to the spot. The dead body was identified by them. The matter remained under investigation. The accused were arrested on 04.03.2016. The weapon of offence, i.e. axe (kulhari) was recovered. The mobile phone and motor cycle were also recovered. The investigation was completed and challan was put up after completing all the codal formalities.