KISHORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants are the accused nos.2, 3 and 5 - Kishore, Bala, and Banaras respectively. Five accused faced trial for the offences punishable under Sec. 148 of the Indian Penal Code, 1860 (for short, 'the IPC'), Sec. 460 read with Sec. 149 of the IPC and Sec. 302 read with Sec. 149 of the IPC. All the five accused were convicted. For the offences punishable under Sec. 148 of the IPC, they were sentenced to undergo imprisonment for two years. For the second offence punishable under Sec. 460, read with Sec. 149 of the IPC, they were sentenced to undergo rigorous imprisonment for ten years. For the offence punishable under Sec. 302 read with Sec. 149 of the IPC, they were sentenced to undergo life imprisonment.

(2.) The accused preferred an appeal before the High Court of Punjab and Haryana at Chandigarh. By the impugned judgment dtd. 27/4/2010, the High Court acquitted the accused no.1-Raka and the accused no.4-Lakhan but confirmed the conviction of the present appellants.

(3.) According to the prosecution case, on the intervening night of 3rd and 4/7/2003, PW-8 (Khushbir Singh) was sleeping with his parents Pratap Singh and Gurpal Kaur, in their bedroom. Khushbir Singh is the complainant. His brother Satbir Singh and his wife Narinder Kaur (PW-9) were sleeping in another room. The two daughters of Satbir Singh and Narinder Kaur were sleeping in another room. PW-8 heard the cries of his nieces, and therefore, he was awakened from sleep. According to him, four to five persons who had entered his house assaulted PW-8, PW-9 and her husband-Satbir Singh. They broke the locks of the almirah in the house and took away ornaments and cash. The accused assaulted Pratap Singh and Gurpal Kaur. Both of them were injured and succumbed to injuries in the hospital.