BALBIRSINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balbir Singh, Major Singh, Nachhattar Singh, Bachan Singh and Kabul Singh were convicted by the learned Addl. Sessions Judge for an offence under Section 302/149, IPC and sentenced to suffer life imprisonment and to pay a fine of Rs. 2,000/- each and in default thereof to undergo further rigorous imprisonment for six months. All the accused persons were also convicted for an offence under Section 147, IPC and sentenced to suffer one years rigorous imprisonment. Major Singh was also convicted for an offence under Section 325, IPC and directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default thereof to further undergo rigorous imprisonment for 4 months. Balbir Singh, Bachan Singh, Kabul Singh and Nachhattar Singh were also convicted for an offence under Section 325/149, IPC and sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs. 500/- each and in default to suffer 4 months rigorous imprisonment vide judgment dated 15-2-1991.

(2.) On appeal filed by the convicts against their conviction and sentence, Balbir Singh and Nachhattar Singh, the appellants herein were held guilty of the offence under Section 302/34, IPC and sentenced to suffer life imprisonment and to pay a fine of Rs. 2,000/- each and in default thereof to suffer rigorous imprisonment for six months. The conviction and sentence of Major Singh for the offence under Section 325, IPC was also upheld. The remaining co-accused of the appellants were acquitted of all the charges. The conviction and sentence of the appellants for an offence under Section 325/149, IPC was also set aside.

(3.) On 10-8-1993, the special leave petition in so far as Major Singh is concerned was not pressed and the same was dismissed. Balbir Singh and Nachhattar Singh were, however, granted leave.