The central legal point established in the judgment is the reliance on credible evidence, including ocular witness testimony, medical evidence, and corroborative disclosure statements and recoveries, to prove the charges against the accused.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The learned Additional Sessions Judge, Mansa through a verdict drawn on 28.07.2017, upon case SC No. 5 of 08.08.2014 proceeded to, in respect of charges drawn against, both the accused, for offences punishable under Sections 302/201/34 IPC, hence made a verdict of conviction, upon, the convicts. Moreover, through a separate sentencing order drawn on 28.07.2017, the learned trial Judge concerned, proceeded to make the hereinafter extracted sentence(s) upon the convicts.

2. The convicts become aggrieved from the verdict of conviction (supra), and, also become aggrieved from the consequential thereto sentence(s) (supra), as became imposed upon them by the learned Convicting Court, and, have chosen to assail them, through theirs' constituting the instant appeal before this Court.

FACTUAL BACKGROUND

3. The genesis of the prosecution case becomes encapsulated in the appeal FIR to which Exhibit PW-15/B is assigned. Therein, it is narrated that on 11.06.2014, SI/SHO Gurvir Singh alongwith SI Sukhjinder Singh, SI Rajinder Singh, HC Jagtar Singh, HC Hakam Singh, HC Mukhinder Singh and HC Gurtej Singh were present in connection with patrolling duty and checking of suspected persons on Govt. vehicle No.PB-31-H- 3617 which was being driven by HC Harmander Singh and were going towards Mirpur Kalan, Adamke, Chotian etc. When the police party reached at bus stand village Mirpur Kalan, he received a secret information that Hakam Singh, Harnek Singh alias Kuku (deceased), Bawa Singh, Kala Singh and Golo Kaur daughter/sons of Hardam Singh, who are residents of village Adamke, whereins, Golo Kaur is married at village Bhunder, Kala Singh, who is a saint is residing outside the village, Harnek Singh has sown vegetables in his fields and is residing in the room constructed there. Two other brothers are residing with their mother in the village. All the brothers are unmarried and are possessing five and half kanals land each. About 20 days ago, Harnek Singh alias Kuku mortgaged his five and half kanals land with his uncle Nazar Singh. Hakam Singh and Bawa Singh were under the fear that Harnek Singh would sell the said five and half kanals land. Due to this reason, yesterday on 10.06.2014 at about 2:30/3:00 O'clock, they both have murdered Harnek Singh by inflicting injuries to him in the room constructed in the fields and set his body ablaze by sprinkling petrol. On the basis of aforesaid information, case under Sections 302/201/34 IPC was registered.

INVESTIGATION PROCEEDINGS

4. Requests were sent for sending the Executive Magistrate and team of FSL at the spot. SI/SHO Gurvir Singh alongwith other police officials reached at the spot. Facts were disclosed to the FSL team. Form No.25.35(a) was prepared. The dead body was sent for postmortem examination through HC Gurtej Singh and HC Hakam Singh. Rough site plan of the place of occurrence was prepared on the demarcation of eye witness Bhola Singh. One scaled site plan was got prepared from the Halqa Patwari who was present at the spot alongwith Tehsildar Sh. Gurmail Singh. The fingerprints appearing on the empty bottle lying at the spot were got developed. The bottle was made into a parcel. The parcels were sealed with seal 'GS'. Sample seal was separately prepared. Same was taken into possession vide separate memo. The fingerprints appearing on the iron gate were got deve