The judgment emphasizes the importance of meaningful investigation and prosecution in the criminal justice system and highlights the necessity of corroborative evidence and proper identification procedures.

1. Jagattar Singh, a resident of Village Kothe Netar Barnai, was murdered at his house while he was sleeping with his wife and two minor daughters on May 19, 1992 at about 10.30 p.m. Faiz Singh, PW-4, his father, too was injured by the assailants on the same day.

2. Eighteen persons, found involved in the incident by the police, were sent for trial of the Murder of Jagattar Singh and causing injuries to his father.

3. Acquitting others, learned Second Additional Sessions Judge, Jammu, the trial Court, has convicted Sat Pal, Joginder Lal and Naresh Kumar, sentencing them to: -

(1) Imprisonment for life and a fine of Rs.5000/- under Section 302/34 RPC,

(2) Imprisonment for five years and a fine of Rs.1000/- under Section 460 RPC, and

(3) Imprisonment for two years and a fine of Rs.1000/- under Section 3/25 Arms Act.

4. Those convicted and sentenced vide Judgment of June 29, 2007 and Order of June 30, 2007, of the trial Court, have filed Criminal Appeal nos. 11/2007, 12/2007 and 13/2007 seeking their acquittal and setting aside of the judgment and order impugned in the appeals.

5. The trial Court too has made Reference seeking confirmation of the sentence awarded to the appellants.

6. Facts leading to the filing of Criminal Appeals and Confirmation Reference No. 05/2007 are these: -

F.I.R no. 86/92 was registered at Police Station Domana under Sections 302,149,452 RPC and 3/27 Arms Act on the brief report of PW-3 Suraj Singh, to the effect that about 9/10 persons, armed with guns etc. broke the doors of Jagattar Singhs house and entering therein with common intention to commit Murder, fired at Jagattar Singh, who died because of the fire arm injuries received at the hands of the assailants. Jagattar Singhs father Faiz Singh too got injured in the occurrence. Jagattar Singh deceased was suspected to have been killed by persons belonging to the Megh Community, who were inimical to him.

7. Referring to the Final Police Report, filed pursuant to the investigation carried out after the registration of FIR no.86/92, the trial Court reveals the prosecution story as under:-

8. One Ashok Singh had sought Mohan Lal and Kakis help to sell some land agreeing them to pay commission of Rs.10,000/- therefor. Mohan Lal and Kaki, though sold the land, but did not pay the sale proceeds thereof to Ashok Singh. They had retained the money for paying it to Joginder, Ranjit and Naresh Kumar, accused. Negotiations initiated by Ashok Singh, with the help of Jagattar Singh, deceased, Om Parkash and Vinod Sharma, however, did not mature and rather resulted in an altercation, when the deceased slapped Mohan Lal accused, a relative of Joginder Lal accused. Mohan Lal and Kaki are stated to have threatened the deceased of his murder through Joginder Lal, a life convict. Mohan Lal and Kaki, accused, accordingly, managed the release of Joginder Lal on Parole. They acquired arms to facilitate the murder of Jagattar Singh. An attempt made by Naresh Kumar, Joginder Lal, Ranjit Singh, Ashok Kumar, Kaki and Fouzi, in this respect, however, failed because of the non-availability of deceased Jagattar Singh, who, in the meanwhile, illegally sold 18 marlas of land belonging to Dharmarth Trust and in possession of Amar Nath, with the assistance of Parshotam Singh and Janak Raj. Ram Lal belonging to the Megh Community, tried unsuccessfully for preventive detention of the deceased. He later conspired with Joginder Lal, Babu Ram, Ashok Kumar and Baldev Raj on 16.05.1992 to kill the deceased. Arms arranged by Omkar accused were dumped in a house for the purpose. A Taxi bearing registration no.5520/JKT was hired for transportation of the arms and all the accused assembled in the house of Krishan Dutt, who paid an advance of Rs.5000/- for murder of the deceased.

9. On the day of occurrence, Joginder Lal accused managed firing by Sat Pal accused at Chinore Chowk, to divert the attention of police from the place of occurrence, And on 09.05.1992, at about 10.30 p.m, the accused