B.S. Chauhan JUDGMENT
B.S. Chauhan, J.
1. This appeal has been preferred by the appellants against the judgment and order dated 31st August, 2005 of the Punjab and Haryana High Court dismissing their appeals and affirming the conviction and sentence awarded by the Trial Court vide its judgment and order dated 8.1.2004 in Sessions Trial under Sections 302, 148, 149, 307, 364, 342, 506, 201, 120B of the Indian Penal Code, 1860 (in short the `IPC') and under Section 30 of the Arms Act, 1959 (in short the `Arms Act') awarding life imprisonment and other sentences.
2. The facts and circumstances giving rise to this appeal are, that an First Information Report (in short the `FIR') was lodged on 24th June, 2000 on the basis of a statement of Darshan Singh (PW-4) that he was living with his sister Gurcharan Kaur for the last 3 years at village Nandpur as his nephew Gurjeet Singh, son of his sister Gurcharan Kaur, had been murdered by Rattan Singh and Balbir Singh, close relatives of Gurcharan Kaur in 1997. On 23rd June, 2000 at about 10.00/11.00 p.m., when Darshan Singh (PW-4) was having his meal at his tube well after preparing his fields for plantation of paddy crop, about 30 persons armed with fire arms came in five vehicles (cars and jeeps) from the side of village Dadiana. They started shouting and firing shots in the air. They came to the tube well and caught hold of Darshan Singh (PW-4) and injuries were inflicted on him with the butts of rifle on his head, chest and back. Migrant labourers (migrated from Bihar) sitting on the tube well also suffered injuries. There had been a dispute on the land as the same was purchased by Inderjit Singh (Accused) from Rattan Singh, Balbir Singh and Rajwinder Kaur. Inderjit Singh wanted to take possession of the land from the complainant party forcibly.
3. The migrant labourers tried to run away, however, one Jaldhar received the gun injury who was taken by the assailants in the jeep alongwith two other labourers Sikandar Rai (PW-6) and Babu Lal (PW-7) under the pretext that the injured will get proper treatment at Patiala. Darshan Singh (PW-4) alongwith two labourers Nand Kishore and Budhu was detained in a room of the tube well. In the morning at 6.00 a.m., the assailants took Darshan Singh (PW-4) alongwith Nand Kishore and Budhu in a car to village Dadiana. There had been 3.12 bore guns in the car and after taking them to several places they were brought back to the tube well at 10.30 a.m.
4. On the basis of the said report, a case was registered under Sections 342/336/323/506/148/149/