JUDGMENT

Rajiv Sharma, J. - Since common questions of law and facts are involved in CRA-D-728-DB of 2010, CRA-D-848-DB of 2010, CRA-D-878-DB of 2010 and CRA-D-694-DB of 2011, therefore, these are taken up together and being disposed of by a common judgment.

2. These appeals are instituted against judgment and order dated 31.05.2010, rendered by learned Additional Sessions Judge, Ferozepur, in Sessions Trial No. 92 of 2010. Appellants Satnam Singh, Mangal Ram alias Mangali and Shingara Singh alias Shingari were charged with and tried for the offences punishable under Sections 302, 302 read with Section 34 IPC, 382 IPC, 27 and 25 of the Arms Act. They were convicted and sentenced as under:-

All the substantive sentences of imprisonment were ordered to run concurrently.

3. CRA-D-728-DB of 2010, CRA-D-848-DB of 2010 and CRA-D-878-DB of 2010 have been filed by accused Satnam Singh, Mangal Ram alias Mangali and Shingara Singh alias Shingari, respectively, challenging their conviction and sentence.

4. CRA-D-694-DB of 2011 has been filed by complainant Jagan Nath seeking enhancement of sentence imposed upon the accused persons, and also for grant of compensation to legal heirs of his deceased son.

5. The case of the prosecution, in a nutshell, is that complainant Jagan Nath got recorded his statement before the police to the effect that he was running a Karyana shop. He had four sons and one daughter. Out of them, Ashok Kumar was a doctor and Pawan Kumar was running a medical shop in Bahmni Bazar, Jalalabad. On the night of 29.08.2003, Pawan Kumar did not come back to his house. He accompanied by his son Kewal Krishan went to see him at his shop. His son was closing the shop. In the meantime, three boys in the age group of 20 to 25 years came on a motor cycle. They parked the motor cycle in front of the shop. They were clean shaven. Two of them were wearing shirts and trousers and one of them was wearing Kurta Pajama. One of them kept sitting on the motor cycle. Two persons entered the shop on the pretext of purchasing medicines. One of them was having a kirch in his hand. The other person was having a pistol. They tried to snatch a bag, which was containing about Rs. 8,000/-. Pawan Kumar resisted the same. Then the person, who was carrying kirch in his hand, gave a kirch blow on the neck of Pawan Kumar. The other person fired a shot on the right flank of Pawan Kumar. He collapsed. Thereafter, many kirch blows were given on various parts of the body of Pawan Kumar. The complainant and his son Kewal Krishan raised hue and cry. These persons snatched the money bag and ran towards village Bhamniwala on their motor cycle. Several persons gathered there. Blood was oozing from the wounds of Pawan Kumar. He was removed to Civil Hospital, Jalalabad. Thereafter, he was referred to Adesh Hospital, Muktsar. The occurrence took place at 11.00/11.15 PM. The lights were on. FIR was registered. When Pawan Kumar died, Section 302 IPC was inserted. The post mortem was got conducted. The accused were arrested. Weapons of offence were taken into possession. The investigation was completed and challan was put up after completing all the codal formalities.

6. The prosecution examined as many as 14 witnesses in support of its case. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They were convicted and sentenced, as noticed above. Hence, CRA-D-728-DB of 2010, CRA-D-848-DB of 2010 and CRA-D-878-DB of 2010 have been filed