Per Virender Singh, J.

1. Appellants (hereinafter to be referred to as accused) Sarain Singh, Vijay Singh, Jagtar Singh alias Jagga, Ravinder Singh alias Peter, Narotam Singh alias Bilu, Kehar Singh, Lal Singh, Omkar Singh (now dead), Vakil Singh (now dead) ,Pardeep Singh alias Dodho, Manohar Singh alias Tooti along with Sangroo Singh alias Makhnoo (proceeded under section 512 CrPC,) were booked in case FIR No.31/1993 registered in Police Station, Kana Chak, Jammu for the offences punishable under sections 302, 307, 148, 149, 201 RPC and 3/25 & 4/27 of Arms Act. Vide impugned judgment rendered by learned Sessions Judge, Jammu dated 30.11.1996/07.12.1996, they stand convicted and sentenced as under:

Accused Sarain Singh for the offences under sections 302/307/148/149 RPC & 3/25 of Arms Act.

Accused Jagtar Singh for the offences under sections 302/307/148/149/201 RPC.

Accused Ravinder Singh for the offences under sections 302/307/148/149 and 7/25 of Arms Act.

Accused Vijay Singh, Narotam Singh, Kehar Singh, Lal Singh, Omkar Singh, Vakil Singh, Pardeep Singh and Manohar Singh for the offences under sections 302/307/148/149 RPC.

Life imprisonment for the offences punishable under sections 302 read with 149 RPC and a fine of Rs. l0,000/- each, in default thereof, to further undergo 3 months simple imprisonment.

Further sentenced to undergo rigorous imprisonment for 5 years for the offence punishable under section 307 RPC and a fine of Rs.5000/- each, in default thereof, to further undergo 3 months simple imprisonment.

Accused Sarain Singh has further been sentenced to 1 year rigorous imprisonment for the offence punishable under section 3/25 Arms Act and a fine of Rs.500/-, in default thereof, to further suffer 2 months simple imprisonment.

Accused Ravinder Singh has been sentenced to 1 year rigorous imprisonment for the offence under section 4/25 Arms Act and a fine of Rs.500/- in default thereof, to suffer 2 months simple imprisonment. Accused Jagtar Singh alias Jagga is sentenced to 3 years rigorous imprisonment for the offence under section 201 RPC and a fine of Rs.500/-, in default thereof, to further suffer 2 months simple imprisonment.

All the sentences are ordered to run concurrently.

However, no separate sentence has been awarded for the conviction provided under section 148 RPC.

Hence, Cr. Appeal No. 18/1996 and Confirmation No.52/1996 in terms of section 374 CrPC (State Code).

2. It needs to be mentioned here that during the pendency of the instant appeal, accused Omkar Singh and Vakil Singh died their natural death, reference whereof is made in our order dated 3rd of May, 2006. The instant appeal, thus, survives qua accused Sarain Singh, Vijay Singh, Jagtar Singh, Ravinder Singh, Narotam Singh, Kehar Singh, Lal Singh, Pardeep Singh and Manohar Singh. All the 9 accused are on bail as their substantive sentences stand suspended during the pendency of the appeal.

3. Deceased in this case is one Kuldeep Singh son of Basant Singh. Date, time and place of occurrence is 10.02.1993, at 7.30 pm near Marjali Bus Stand FIR is lodged at 10 pm on the same day by PW Mohan Singh in Police Station Kanachak. Distance between the place of occurrence and the concerned Police Station is approximately 12 kms. Special report was received by the Illaqa Magistrate (CJM Jammu) on 12.02.1993.

4. The case set up by the prosecution as one finds from the investigation carried out in the present case and detailed in the report under section 173 CrPC is that on 10.02.1993, PW Sikander Singh son of Mohan Singh, an Army personnel, was coming on his annual leave from Hyderabad and boarded the Bus from Jammu for proceeding to his village Marjali. When the said Bus reached Kangrel at about 7.15 pm, accused Sarain Singh stopped the Bus and accused Jagtar Singh entered the Bus and enquired from the passengers if anybody resident of Marjali was travelling in the Bus, upon which, Sikander Singh said that he was going to Marjali. Accused Jagtar Singh thereafter got down from