(1.) THIS appeal is directed,against the judgment of conviction, and the order of sentence, dated 05. 02. 1999, rendered by the Court of Additional Sessions judge, Hisar, vide which, it convicted the accused (now appellants) and sentenced them as under: - <FRM>JUDGEMENT_1283_CRLJ_2009Html1.htm</FRM> The substantive sentences of imprisonment were, however, ordered to run concurrently.
(2.) THE facts of the prosecution case, as summarized, proceeded in the manner, that on 22. 11. 1991, Sukhdev Singh son of joginder Singh resident of village Dhindsa, district Sangrur (Punjab), had come to tohana along with his uncle Shyam Singh, in connection with some personal work. They could not get bus, for their return journey. Thus, they were going along Tohana-Chandigarh road, in the hope, that they would come across some passing truck, and take a lift therein, for return to their village. At about 6. 00 p. m. , a red coloured truck, parked on the road side, was noticed by them. The registration number of the truck was not visible, as the mud was sticking, on its number plate. There was light, in the cabin of the driver of the truck. Two Sikh gentlemen of young age were found sitting in the cabin. A jeep of green colour, parked on the road side, was also noticed by them. Two Sikh and one clean shaven youth, were seen by them, sitting in the jeep, in the light thereof. In the meanwhile, Major Singh, brother of Sukhdev singh, came from the direction of Munak, riding a motor-cycle, bearing No. DBW-4004. One person was the pillion rider of the motor-cycle. When the driver of the truck saw the motor-cycle, coming from the opposite direction, he switched on the engine of the same (truck) and moved the same (truck), in the direction of the motor-cycle. The side of the truck was hit against the motor-cycle, as a result whereof, it fell down. The pillion rider came under the motor-cycle, on account of strike of the side of the truck, against the same. Major Singh, the rider thereof started fleeing towards the fields. Three young men, who were occupants of the jeep, fired shots, from pistols, at the pillion rider, who was lying under the motor-cycle. Thereafter, they chased Major Singh, in the fields, with their jeep. Major Singh, left the fields and tried to take shelter in a shop. One young man. then fired a shot from pistol, from a close range, at Major Singh, which hit the left side of his temple. Major Singh fell down. The second occupant of the jeep then fired a shot from his pistol, which hit Major Singh, on the right side of his abdomen. Thereafter, the assailants fled with the jeep, and the truck towards munak. Thereafter. Sukhdev Singh and shyam Singh, went near the place where. Major Singh, and the pillion rider of the motor-cycle were lying, and found that they had succumbed to the fire arm injuries, caused on their person, by the assailants.
(3.) THE motive for the occurrence, was stated by Sukhdev Singh, in the manner, that his brother Major Singh, had illicit relations with Guddi, daughter of Bhagwan Singh arora, resident of Tohana, whose husband palla had already died. After the death of palla, Major Singh, was cultivating 25 acres of agriculture land, inherited by Guddi, from her former husband Palla. Guddi and Major singh, were living together, at Tohana. He suspected that his brother Major Singh and the person accompanying him, on the pillion of the motor-cycle, were liquidated, at the instance of Bhagwan Singh Arora and mahender Singh, residents of village Chander khurd, by their men. It was further stated that he (Sukhdev Singh) and his uncle Shyam singh, could identify the assailants, if they come across them.