The credibility of ocular witnesses, the recovery of incriminatory items, and medical evidence are crucial in establishing guilt in criminal cases.

JUDGMENT

Sureshwar Thakur, J. - Through, the impugned verdict made on 05.08.2013, upon Sessions Case No.80 of 2011, the learned Sessions Judge, Amritsar, proceeded to, in respect of charges drawn for an offence punishable under Section 302, 34 of the IPC, hence make a verdict of conviction, upon, the convicts/appellants. Moreover, through a separate sentencing order of even date, the learned trial Judge proceeded to impose upon the convicts (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner:-

2. The period spent in custody by the convicts during investigations, and, trial of the case, was in terms of Section 428 of the Cr.P.C., ordered to be set off from the above imposed sentence(s) of imprisonment.

3. All the convicts (supra) become aggrieved from the above made verdict of conviction, besides become aggrieved from the consequent therewith sentence(s) (supra), as became imposed upon each of them, thus they are led to institute thereagainst the instant appeal (supra) before this Court.

FACTUAL BACKGROUND

4. The genesis of the prosecution case is embodied in the FIR to which Ex.PJ/2 is assigned, thereins, it is narrated that on 21.5.2011, Sub Inspector Balkar Singh, while being posted and working as S.H.O, Police Station Lopoke, Amritsar, was, heading a police party, present at the turning of village Bhuller, where, in connection with patrolling, Kulwant Singh son of Atma Singh of Parjapat community, resident of village Bhuller (complainant) came across him, and, got his statement Ex.PJ, recorded with him to the effect that he had five children i.e. three sons and two daughters, including Sarabjit Singh alias Sabba being eldest, was aged about 22/23 years at the time of his death. Sarabjit Singh alias Sabba stayed and worked in Dubai for about three and a half years and thereafter, returned home, about five months prior to the incident. Sarabjit Singh alias Sabba had been engaged in avocation of transportation of vegetable along with his maternal uncle, Harpal Singh at village Nanoke Sudhar. On 20.5.2011, he had returned home. There was a marriage ceremony of Hardeep Singh son of Pappu Shah, in their village. Sarabjit Singh had gone to house of Hardeep Singh to participate in the marriage celebrations at night on 20.5.2011, but, he did not return home. At about 2 a.m., during mid night, he (complainant) along with his son, Jugraj Singh went to the house of Hardeep Singh in the search of Sarabjit Singh alias Sabba, but he was not found to be there. His son, Jugraj Singh tried to contact Sarabjit Singh on his mobile phone, but it was not responding. They kept searching for him. At about 4 a.m., in the early morning, when they reached near pond on the southern side of the village, they heard cries and rushed towards the said pond. He and his son, Jugraj Singh, were having torches. In the torch light, they observed that Kulwinder Singh was armed with 'Datar', Gurpreet Singh alias Gopi armed with a sua and Harpreet Singh alias Happy armed with a gandasi. He (complainant) challenged them and then Kulwinder Singh alias Balwinder Singh stated that Sarabjit Singh alias Sabba was keeping illicit relations with his daughter and they had taught him a lesson for that. The respective weapons of all the assailants, were blood stained and whi