BALJINDER SINGH @ LADOO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal, by special leave, by 4 (four) appellants. They call in question the judgment and order dtd. 4/5/2011(impugned judgment, hereafter) passed by the High Court of Judicature at Punjab and Haryana(High Court, hereafter) dismissing a criminal appeal(Criminal Appeal No. 454-DB of 2001) under sec. 374(2) of the Code of Criminal Procedure, 1973(Cr. PC, hereafter). Such appeal was preferred by the appellants, arraigned as "A-1", "A-2", "A-3" and "A-4" in the trial, and a co-accused ("A-5"). The judgment of conviction and the order of sentence dtd. 4/8/2001, passed by the Additional Sessions Judge, Punjab(Trial Court, hereafter) in a sessions case(Sessions Case No. 121 of 1998) registered against A-1, A-2, A3, A-4 and A-5 was majorly upheld. While A-5 was acquitted, conviction of A-1, A-2, A-3 and A-4 and the sentence imposed upon them were maintained by the High Court. The Trial Court convicted A-4 under Sec. 148, 302, 307 of the Indian Penal Code(IPC, hereafter) and sec. 27 of the Arms Act, while A-1, A-2 and A-3 as well as A-5 were convicted under Sec. 148, 302, 307 IPC read with sec. 34 IPC. All the accused were sentenced to life in prison.

(2.) The appeal was heard in the presence of learned advocates for the parties on 9/5/2024. It was submitted in course of such hearing that A-4 might have died during pendency of the appeal and that A-1 and A-3 were juveniles as on the date of the offence, i.e., 12/12/1997. Learned advocate for the respondent - State of Punjab was directed to obtain appropriate instructions. He confirmed on 23/7/2024 that A-4 was indeed no more, having breathed his last on 16/2/2019; hence, it was recorded by an order passed on that date that the appeal at the instance of A-4 stands abated. Insofar as the claim of juvenility raised by A-1 and A-3 is concerned, the same was overruled by an order passed by us on 23/7/2024 itself.

(3.) The facts, leading to the present appeal, may be summarised as follows: