GURBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Five accused that were charged with offences punishable under sections 148, 447, 302, 307 323 and 149 of i. P. C. were Atma Singh, his son Gurbax singh, son of brother-in-law of Atma singh, named Gurjant Singh, another son of Atma Singh, named Bachint singh and one Angrez Singh @ Geja singh. The trial court found Atma Singh alone as guilty of offence punishable under section 302. He was sentenced to undergo life imprisonment and to pay fine of Rs. 1000/ -. Bachint Singh was found guilty of offence punishable under section 307, IPC for causing injuries to nachhattar Singh and was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 500/ -. The remaining Gurbax Singh, Gurjant Singh and angrez Singh @ Geja Singh were acquitted by the trial court.

(2.) Two appeals were filed before the High court against the judgment and order of the trial court. Crl. A. No. 295-DB of 1995 was filed by Atma Singh and his son bachint Singh to challenge their conviction and sentence. Crl. A. No. 56-DBA of 1996 was filed by the State against four persons, namely, Gurbax Singh, Angrez singh @ Geja Singh, Gurjant Singh and bachint Singh. The first three had been acquitted by the trial court and Bachint singh was convicted only under section 307, IPC but acquitted of offence under section 302, IPC and other provisions for which he had been charged. The High court by common judgment, which is under challenge in this appeal, dismissed the appeal that had been filed by Atma singh and Bachint Singh (Crl. A. No. 295- db of 1995) and allowed the State appeal against acquittal (Crl. A. No. 56-DBA of 1996) and aforesaid four respondents in the appeal have been found guilty of offence punishable under section 302 read with section 149, IPC and sentenced to undergo imprisonment for life and fine of Rs. 1000/- each and to suffer further imprisonment of three months in default of payment of fine. They have also been convicted and sentenced to undergo imprisonment for a period of five years for the offences punishable under sections 447, 307, 323 read with section 149, IPC besides fine of Rs. 5000/- each and in default of payment of fine, to undergo further imprisonment for three months each. All the sentences have been directed to run concurrently. 367

(3.) The conviction of Atma Singh by the trial court as affirmed by the High Court has become final. Learned counsel for the appellants, Mr. J. K. Das, submits that atma Singh has not challenged the impugned judgment of the High Court.