IMPORTANT POINTS
Minor discrepancies do not demolish the prosecution story.
Motive may not necessarily be direct.

Judgment :-

S.A. Bobde, J.

1. By this common judgment, we propose to dispose of these appeals as they arise out of the same incident and involve common questions of law and facts.

2. These appeals are directed against the judgment and order dated 17.07.2008 passed by the High Court of Punjab and Haryana at -Chandigarh in Criminal Appeal No. 334-DB of 2007 whereby the High Court affirmed conviction of the appellants as held by the Addl. Sessions Judge, Rupnagar, Punjab by convicting and sentencing accused – Bakhshish Singh - appellant in Appeal No. 1110 of 2009, Satbir Singh appellant in Appeal No. 1111 of 2009 and Rachhpal Singh - appellant in Appeal No. 1112 of 2009 for imprisonment life under Section 302 of the Indian Penal Code, 1860 [for short ‘IPC’] and fine in F.I.R. No. 271 dated June 21, 2003.

3. The charge was that Bakhshish Singh conspired with Satbir Singh and Rachhpal Singh to murder Gurcharan Singh. Bakhshish Singh was found guilty by the Addl. Sessions Judge, Rupnagar and sentenced to imprisonment for life for offences punishable under Section 302 read with Section 120-B of the IPC. A fine of Rs. 5,000/- was also imposed upon him. In default of payment of fine, he was directed to undergo further rigorous imprisonment for a period of three months. Other appellants Satbir Singh and Rachhpal Singh were found guilty for offences punishable under Section 302 and Section 302 read with Section 120-B of the IPC. Under Section 302 of the IPC, they were sentenced to imprisonment for life. A fine of Rs. 1,000/- each was also imposed upon them and in default of payment of fine; they were further directed to undergo rigorous imprisonment for a period of one month. Under Section 302 read with Section 120-B of the IPC they were sentenced to imprisonment for life and a fine of Rs. 1,000/- each. In default of payment of fine, they were further directed to undergo rigorous imprisonment for a period of one month. However, it was made clear that all sentences shall run concurrently.

4. According to the prosecution, on June 21, 2003 at about 5.30 am, Gurcharan Singh went to the park adjoining his house for a morning walk. Soon thereafter his wife – Kulwinder Kaur, PW 1, joined him. She was 20/25 steps behind her husband. W hen Gurcharan Singh reached near the main gate of the park, two tall young men attacked Gurcharan Singh with daggers. They inflicted injuries on his chest and neck. He cried for help. His wife - Kulwinder Kaur also cried for help. The two men stabbed Gurcharan Singh barbarically and fled the scene. The said assailants are appellants -Satbir Singh and Rachhpal Singh.

5. Hardev Singh, PW-2, a neighbourer of Gurcharan Singh heard the cry of Kulwinder Kaur, PW 1, and reached the spot and arranged a vehicle and removed Gurcharan Singh to the Fortis Hospital at Mohali. The doctors who examined him at the hospital declared him dead.

6. At the Fortis Hospital, Gurcharan Singh was attended by PW-7 - Dr. Kamaljit Chachal and PW-8 - Dr. Sanjay Ahulwalia. They noticed multiple stab injuries on the dead body of Gurcharan Singh. They -confirmed his death as having been occurred at 6.00 am on June 21, 2003. The cause of death was given as multiple stab injuries.

7. On receipt of intimation, sub-inspector Ramandeep Singh (P.W. 21) reached the Fortis Hospital and recorded statement of Kulwinder Kaur (PW 1). He made his endorsement over it and sent it to the Police Station, Mohali. The complainant, Kulwinder Kaur, PW 1, apart from reporting the incident to sub-inspector Ramandeep Singh (P.W. 21) asserted that she could identify the assailants on seeing them. Sub-inspector Ramandeep Singh (P.W. 21) recorded statements of the witnesses and sent the dead body of Gurcharan Singh to the Civil Hospital, Mohali, for post mortem examination.

8. Thereafter, sub-inspector Ramandeep Singh (P.W. 21) accompanied by Kulwinder Kaur, PW 1, went to the place of occurrence and inspected the spot. He collected blood-stained earth from there and took in