Mr. M. Jeyapaul, J.:- The 6th Accused Gurjit Singh has filed Crl.A. No.492-DB of 2006 and Accused No.1 to 5 have filed Crl.A. No.517-DB of 2006. Both the appeals have arisen out of the same judgement. Therefore, common arguments were heard in order to dispose of both the appeals by a common judgement.

2. Appellant Gurjit Singh who filed Crl.A. No.492-DB of 2006 had jumped parole. Mr. Vinod Ghai, Sr.Advocate who originally entered appearance for him reported no instructions for him. But he was appointed by this Court as Amicus Curiae to argue the appeal on behalf of appellant Gurjit Singh and also assist this Court.

3. The appellants were convicted for the offence under Section 143 IPC and were sentenced to undergo rigorous imprisonment for a period of 3 months. They were also convicted under Section 364 IPC and were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1000/- each and in default to undergo rigorous imprisonment for a further period of 6 months each. They were convicted under Section 342 IPC and were sentenced to undergo rigorous imprisonment for a period of 6 months each. They were also convicted under Section 302 read with Section 149 IPC and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- each and in default to undergo rigorous imprisonment for a further period of 6 months each. Aggrieved by the above verdict passed by the trial Court, these two appeals have been preferred as stated supra.

4. The brief case of the prosecution is as follows. PW3 Pal Singh, the father of deceased Ravinder Singh lodged a complaint Ex.P18 on 19.1.2004, wherein it has been alleged that his son Ravinder Singh owned a Ceilo car bearing registration No.DL2CG-9837. The car was left at Chandigarh Workshop at Sherpur on 2.1.2004 as the engine of the said car seized. On the same day, two police officials visited his house. They informed him that DSP of Sherpur wanted the presence of Ravinder Singh. PW3 informed those police officials that his son had gone out and he would produce him later. The police officials enquired about the vehicle owned by Ravinder Singh. PW3 came to know that car of his son had been taken to the police station Sherpur through a towing vehicle. The panchayatdars alongwith Sarpanch proceeded to the police station Sherpur and enquired about the matter. But justice was not done to PW3. The police officials insisted that Ravinder Singh should be produced to the police station. In order to secure the presence of Ravinder Singh, the police officials took PW3 to the police station and gave him beating. They also threatened PW3 that the consequences would be very bad if Ravinder Singh was not produced. Apprehending action by the police officials, Ravinder Singh moved an application for anticipatory bail before the Sessions Court. The police officials, having received the notice from the Sessions Court on the bail application, reported to the Court that no case was registered against him nor was the presence of Ravinder Singh required in connection therewith. Ultimately, the Sessions Judge dismissed the application for anticipatory bail moved by Ravinder Singh.

5. PW3 also submitted an application before the higher police officials. On 18.1.2004 at about 2.00 p.m., the police officials headed by SHO Kulwinder Singh forcibly took away his son Ravinder Singh in the presence of his relative PW4 Pritam Singh and PW5 Sarpanch Manjit Singh. All of them met DSP Sherpur. He directed them to meet SHO of Sherpur. In the meanwhile Sarabjit Singh of village Didargarh and Sandeep Singh of village Kalla Bulla were also taken custody by the police. The entire panchayat proceeded to meet the SHO. But a police vehicle took away Ravinder Singh. Later on they came to know that Ravinder Singh had been tortured to death by Kulwinder Singh and other police officials and the dead body of Ravinder Singh was taken to the hospital. The entire torture had been ar