Judgment

K. JAYACHANDRA REDDY, J.:-These two appeals are filed against a common judgment of the Punjab and Haryana High Court in Criminal Appeal Nos. 956/97, 1392/ 79 and 13101 79. There were four appellants in Criminal Appeal No. 956/79 before the High Court namely Joginder Singh, Bhagwan Singh, Mukhtiar Singh and Uttam Chand. Originally they were tried by the Sessions Judge, Amrtisar for offences punishable under Ss. 364, 302/ 34, 201, 365, 325/34 & 323/34, I.P.C. The trial Court, however, convicted them only under S. 365, I.P.C. and sentenced each of them to undergo R. 1. for two years and to pay a fine of Rs. 500/- each in default of which to undergo further R. I. for six months. Challenging the said convictions and sentences they filed the said appeal i.e. Criminal Appeal No. 956/ 79. The State of Punjab filed Criminal Appeal No. 1392/74 against their acquittal under S. 364, 302/ 34, 201, 323/ 34 and 325/ 34. The State also filed Criminal Appeal No. 13101 79 for enhancement of the sentence under S. 365, I.P.C. The High Court disposed of all the appeals by a common judgment. The High Court allowed State Criminal Appeal No. 1392/79 and convicted Joginder Singh, A.S.I. of Police and Bhagwan Singh and Mukhtiar Singh, two Head-constables under S. 302/34 I.P.C. and sentenced each of them to imprisonment for life and to pay a fine of Rs. 2,000/ - each in default of which to undergo further R. I. for one year. The fine, if realised, was directed to be paid to the widow of the deceased in the case. The High Court, however, held that an offence under Section 302 is not made out as against Uttam Chand. The High Court further convicted all the four accused under S. 201, I.P.C. and sentenced each of them to undergo four years R. I. and also sentenced to two years R.I. under S. 325 / 34 I. P. C. and further sentenced them to one years R. I. under Section 323 / 34. The High Court also accepted the State Criminal Appeal No. 1310-79 and enhanced the sentence under Section 365, I.P.C. to five years R. I. The sentences were directed to run concurrently. Accused Bhagwan Singh and Mukhtiar Singh have filed Criminal Appeal No. 388/ 81 in this Court under Section 379, Cr. P.C. Joginder Singh, A.S.I. filed Criminal Appeal No. 535/ 81 under Section 379, Cr. P. C. but as he died during the pendency of the appeal we have already dismissed the appeal as abated. Uttam Chand filed a special leave petition which was granted by this Court and it is numbered as Criminal Appeal No. 666/81.

2. The High Court has interfered in an appeal against acquittal and convicted two of the appellants and sentenced them to imprisonment for life. Therefore we have heard the counsel for the appellants at length and he has taken us through the entire record in an elaborate manner. The prosecution case is as follows.

3. Joginder Singh, A.S.I. and the other three accused namely two Head Constables and a Constable were working in the C.I.A. Staff, Amritsar. On 6-8-78 at about 4 P.M. Joginder Singh A. S.I. along with three others went in a jeep to the Hotel of Virsa Singh, P.W. 6 and brought Joginder Singh deceased along with P. Ws. 4,5 and 6 to the C.I.A. Staff Room in Rambagh Police Station and interrogated them about the smuggled narcotic powder. Joginder Singh. A.S.I. and Bhagwan Singh Head Constable were armed with sotas and Mukhtlar Singh, Head Constable was armed with a leather patta. While the deceased was being interrogated by the first three accused, Uttam Chand Constable was sitting outside. A.S.I. and the two Head Constables caused injuries to the deceased with their weapons who became unconscious P.Ws. 4, 5 and 6 were kept outside under the guard of Uttam Chand and P.W. 7 another Constable when the deceased was being interrogated and beaten in the room. Thereafter P. Ws. 4, 5 and 6 were also taken inside the room anct it is alleged that all the accused inflicted injuries on them also while interrogating them about the smuggled powder. P. Ws. 4, 5 and 6 -were taken