Hon'ble Dr. CHAUHAN, J.—All the above appeals have been preferred against the common judgment and order dated 8.10.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 864-DB of 2005, 2062-SB of 2005, 2073-SB of 2005, 2074-SB of 2005, 2075-SB of 2005 and order dated 16.10.2007 in Crl. R.P. No. 323 of 2006, whereby the High Court has dismissed the appeals of the appellants filed against the conviction and sentences awarded to them by the Additional Sessions Judge, Patiala, in Sessions Case No. 49-T of 9.5.1998/30.11.2001 vide judgment and order dated 18.11.2005, whereby he had convicted Jaspal Singh, DSP – appellant in Criminal Appeal No. 528 of 2009 and one Amarjit Singh, ASI, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter referred as `IPC’), and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default of payment of fine, to further undergo Rigorous Imprisonment (hereinafter called `RI’) for five months. Both were also convicted under Section 120-B IPC and sentenced to undergo RI for five years and to pay a fine of Rs.2,000/-, in default of payment of fine, to further undergo RI for two months. They were further convicted under Sections 364/34 IPC and sentenced to undergo RI for seven years and to pay a fine of Rs. 5000/- each, in default of payment of fine, to further undergo RI for five months. They were also convicted under Sections 201/34 IPC and sentenced to undergo RI for two years and to pay a fine of Rs.2,000/-, in default of payment of fine, to further undergo RI for two months.

Prithipal Singh, Satnam Singh, Surinderpal Singh and Jasbir Singh, appellants, were convicted under Section 120-B IPC and sentenced to undergo RI for five years and to pay a fine of Rs.2,000/- each, and in default of payment of fine, to further undergo RI for two months. These four accused/appellants were also convicted under Sections 364/34 IPC and sentenced to undergo for seven years RI and to pay a fine of Rs.5,000/- each, in default of payment of fine, to further undergo RI for five months.

The High Court while dismissing the Criminal Appeals filed by appellants, allowed the Criminal Revision Petition No. 323 of 2006 filed by Smt. Paramjit Kaur (PW.2), wife of the deceased, vide order dated 16.10.2007 and enhanced the sentence of the four appellants from seven years RI to imprisonment for life under Section 364 IPC.

2. Facts:

A. Shri Jaswant Singh Khalra, a human right activist, having allegiance to Shiromani Akali Dal, was alleged to have been abducted from his residential house No. 8, Kabir Park, Amritsar, on 6.9.1995 at 1.00 O’Clock. Shri Rajiv Singh (PW.15) was present in the house of Shri Khalra at the time of abduction, Kirpal Singh Randhawa (PW.7) had seen appellants, namely, Jaspal Singh, DSP, Surinderpal Singh, Jasbir Singh and Satnam Singh alongwith other accused persons rushing through Kabir Park with the deceased Jaswant Singh Khalra inside a Maruti van.

B. Smt. Paramjit Kaur (PW.2) wife of the deceased, came to her house from the University, where she was working, on being informed by Rajiv Singh (PW.15). She made a search for her husband but in vain. She made a complaint on the same day at 4.00 PM making a statement to SI Baldev Singh at Kabir Park that her husband had been kidnapped at 1.00 O’Clock by some persons in police uniform in Maruti van of white colour bearing No. DNB-5969. On the basis of the said statement, an FIR No. 72 (Ex.PA) was registered on 7.9.1995 at P.S. Islamabad, District Amritsar, at 9.30 AM under Section 365 IPC. However, no progress in investigation could be made and whereabouts of Jaswant Singh Khalra could not be known.

C. Smt. Paramjit Kaur (PW.2), wife of the deceased, filed Criminal Writ Petition No. 497 of 1995 before this Court, wherein this Court vide order dated 5.11.1995 transferred the investigation to the Central Bureau of Investigation (hereinafter referred as `CBI’). The CBI registered R.C.No. 14/S/95/SC

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