In criminal cases involving charges of common intention under Section 34 IPC, if the role assigned to a co-accused is illogical or suspicious, it warrants the benefit of doubt and acquittal, especially when there is evidence of potential enmity or false implication between the parties.

1. The appellants filed the present appeal against the impugned judgment of conviction and order of sentence dated 09.09.2004 passed by the Additional Sessions Judge, Sangrur. By the said judgment, Amarjit Singh (appellant No.1) was ordered to be convicted for the offence punishable under Section 302/34 IPC, whereas Hardip Singh (appellant No.2) was convicted for the offence punishable under Section 302 IPC. Both the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- each along with the stipulated default conditions.

2. The FIR (Ex.PG) in the present case was registered on the basis of the statement made by Jagdev Singh and the same has been reproduced below:

“Statement of Sardar Jagdev Singh s/o Rattap Singh caste Jat r/o Duggan aged about 48 years.

I am resident of above said address and an ex-serviceman and presently I am working as Sales Officer at Military Canteen, Jammu as private service. I had come on leave from 30.6.01 to 8.7.2001. We were four brothers and three sisters were borne out of the womb of my mother. I and Darbara Singh are married to the daughters of Bhagat Singh of village Meemsa P.S. Dhuri, District Sangrur. We both brothers are living in one house. My other brothers, Karm Singh and Biara Singh, who are elder to me, are residing in separate house. The land owned by my brothers has also been given to my elder brother Darbara Singh on “Theka”. My brother Darbara Singh does the entire agriculture work. My three sisters, Gurdev Kaur, Surjit Kaur and Mohinder Kaur, who are elder to me, are married. At about 8:45 P.M. at night my brother had gone to our Tibbean wala Khet for irrigating land from canal water. Our turn for water was to start at 9:20 P.M. when Amarjit Singh S/o Mukhtiar Singh and his son Hardip Singh @ Kala Jat r/o Duggan, were irrigating their fields. My brothers Darbara Singh, when our turn for irrigating came, asked Amarjit Singh that now it is our turn, you close your Naka, but Amarjit Singh and Kala told my brother Darbara Singh that they would not close the Naka and would will leave the turn after irrigating all their paddy crop and said to my brother that if you will come forward then you will be buried there by cutting into pieces. My brother came to the house at village Duggan out of fear and he narrated about the incident that had occurred with him in the field by Amarjit Siugh and his son Hardip Singh @ Kala. Then I, my brother Darbara Singh and my nephew Jagjit Singh s/o Darbara Singh went to our Tibbian wala khet for irrigating land. We reached the field at about 11 P.M. Then on seeing us, Amarjit Singh and his son Hardip Singh @ Kala went away from there. We started irrigating our paddy crop. It was a moonlit night and one could be identified even from the remote place. The stars were twinkling in the sky completely. There was a clear light of the moon in the sky also. My brother Darbara Singh was tired and he slept on a cot by placing a blanket underneath his head, which was lying in our fields near our electric Tubewell, where we were irrigating. I and my nephew continued irrigating the fields. At about 1 A.M. in the night, we after irrigating from the canal water and were at a distance of about 20 yards from the motor then Hardip Singh @ Kala gave Kahi blows continuously on the head of my brother Darbara Singh. We saw that Amarjit Singh was holding and pressing the legs of Darbara Singh. Only one voice of my brother came that why are you killing me. On seeing this, I and my nephew Jagjit Singh raised a lalkara by saying, “wait, don't go now my son”. Th