JUDGMENT

Rajiv Sharma, J. - Since common questions of law and facts are involved in these appeals, i.e. CRA-D-292-DB and CRA-D-234-DB of 2004, therefore, these are taken up together and being disposed of by a common judgment.

2. These appeals are instituted against judgment dated 18.12.2003 and order dated 24.12.2003, rendered by learned Sessions Judge, Hisar, in Sessions Case/Trial No. 45 of 1999. Ishwar Singh and Satta alias Satte along with co-accused Nihal Singh, Krishna and Sushma Rani were charged with and tried for the offences punishable under Sections 302 /307/201/120-B IPC and Section 25 of the ARMS ACT .

3. Ishwar Singh and Satta alias Satte were convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 3 02 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence punishable under Section 3 07 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence punishable under Section 201 IPC. Co-accused Nihal Singh was convicted and sentenced to undergo rigorous imprisonment for a period of two years on each count. Co-accused Krishna and Sushma Rani were acquitted of the charge framed against them. All the substantive sentences were ordered to run concurrently.

4. CRA-D-292-DB of 2004 is instituted by Satta alias Satte against his conviction and sentence. CRA-D-234-DB of 2004 has been filed by the State of Haryana seeking enhancement of sentence of Ishwar Singh and Satta alias Satte. Ishwar Singh died during the pendency of the appeal. Hence, appeal qua him stood abated.

5. The case of the prosecution, in a nutshell, is that on 18.03.1999, Inspector Udey Singh received a telephonic message at 3.30 AM from one Om Parkash that 5-6 young men were firing shots in the house of Ishwar, due to which Prahalad, Roshni and Naveen had died. The firing was still continuing. He along with other police officials proceeded towards the spot. He reached the spot. He found that the room of Chander was on fire. Prahalad and Roshni were lying below the bed, whereas Naveen was lying on the bed. He went to the back side of the house of accused Ishwar. He found Krishan alias Giani and Satpal sons of accused Ishwar lying dead on two different cots. The dead body of Krishna wife of accused Ishwar was lying on a different bed in another room. All the dead bodies, except that of Krishna, were lying in burnt condition. He got the fire extinguished. He recorded the statement of Om Parkash (Ex.DB). According to the contents of Ex.DB, on hearing the shots from the house of Ishwar, he, his son Amardeep and wife