Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S.Rai, Senior Advocate with Mr. Gautam Dutt, Advocate Mr. Bipan Ghai, Senior Advocate with Mr. Nikhil Ghai, Advocate
For the Respondent: Mr. Eklavya Darshi, Sr. DAG, Punjab

JUDGMENT

Sureshwar Thakur, J.

Since both the appeals (supra) arise from a common verdict, made by the learned trial Judge concerned, hence both are amenable for a common verdict being made thereons.

2. Both the appeals (supra) are directed against the impugned verdict, as made on 28.10.2022, upon case bearing CIS No. SC/36119/2013, by the learned Additional Sessions Judge, Ludhiana wherethrough in respect of charges respectively drawn against the accused qua offences punishable under Sections 148, 302 read with Section 149 IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against the appellants-convicts. However, appellant Baljinder Singh @ Gogi was acquitted of the charges framed against him under Sections 307, 427, 506, 420, 467, 468, 471 read with Section 149 IPC. Furthermore, appellant Guriqbal Singh @ Vicky Sekhon was also acquitted of the charges framed against him under Sections 427, 506 read with Section 149 IPC. The remaining accused were also ordered to be acquitted from all the charges framed against them.

3. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the convicts-appellants to undergo rigorous imprisonment for a period of one year for an offence punishable under Section 148 IPC. The learned convicting Court also sentenced the convicts-appellants to undergo undergo rigorous imprisonment for life for an offence punishable under Section 302/149 IPC, besides also imposed, upon the convicts sentence of fine, as comprised in a sum of Rs. 50,000/- each, besides in default of payment of fine amount, it sentenced the convicts-appellants to undergo rigorous imprisonment for a period of six months.

4. All the above imposed sentences of imprisonment, were ordered to run concurrently but the period of detention undergone by the appellants-convicts, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed sentence(s) of imprisonment.

5. The accused-convicts become aggrieved from the above drawn verdict of conviction, besides also, become aggrieved from the consequent therewith sentences of imprisonment, and, of fine as became imposed, upon them, by the learned convicting Court concerned, and, hence have chosen to institute there against the instant criminal appeals, before this Court.

Factual Background

6. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex.PW-4/A is assigned. The narrations carried in Ex. PW-4/A, are that on 10.6.2012 Inspector Gurbans Singh and other police officials were present on a Govt. vehicle bearing No. PB-10DM-3067 at Jalandhar Bye-pass, Ludhiana. There complainant Jaspal Singh son of Mukhtiar Singh resident of Village Bahadurke came, and, got recorded his statement to the effect, that Gurbinder Singh @ Bunty is related to him being son of his uncle and around 1.30 P.M, on that day he alongwith Gurbinder Singh @ Bunty and their relative Balkar Singh son of Kehar Singh, resident of Village Bahadurke Road, Ludhiana were going on Bolero car No PB-10-DL-9798. When they reached near Karabara Bazigar Basti, two cars came from the front side one was Endevour No PB-49-0001 white in colour and other was Pajero. In Endevour Car Karanveer Singh son of Gurdev Singh (now Proclaimed Offender), Gurdev Singh @Debu (expired), Baljinder Singh @ Gogi, Davinder Singh @ Gogi (expired) and Vicky Sekhon were sitting. They alighted from the car. Accused Karanveer Singh was having Pistol/Revolver and accused Vicky was having Baseball bat in his hand. Accused Davinder Singh and Baljinder Singh were also carrying pistols/revolvers in their hands. Due to narrow road their vehicle was lying parked there. Accused persons came out of the car and accused Vicky Sekhon gave blow of Baseball on the wind screen of their car and Gurdev Singh raised Lalkara that Bunty should not be spared. Accused Vicky Sekhon again gave baseb