Judgment

Amitava Roy, J.

Leave granted.

2. The instant appeal launches a challenge to the conviction of the appellant herein under section 396 of the Indian Penal Code (for short hereinafter referred to as the “Code”) for committing dacoity as well as murder of one Mohinder Singh and the consequential sentence of imprisonment for life and fine of Rs.3,000/-, in default of further rigorous imprisonment for two months held out by the judgment and order dated 17.1.2007 passed in Sessions Case No.RT-4/15.3.05/17.5.05 by the learned Additional Sessions Judge, Rupnagar and affirmed by the judgment and order dated 1.11.2010 rendered by the High Court of Punjab and Haryana at Chandigarh in CRLA No.133/2007.

3. We have heard the learned counsel for the parties.

4. Stated briefly, the prosecution case is traceable to the First Information Report (for short the “FIR”) lodged with Morinda Police Station on 28.05.2004. The FIR disclosed that the informant, Gursatinder Singh had lodged it on the date of the incident i.e. 28.0.5.2004 contending that he along with Mohinder Singh, Cashier, Surinder Pal, Accountant City Sub-Division, PSEB and Balbir Singh, Cashier at about 11.00 a.m. had travelled in a M