JASBIR KAUR AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants Jasbir Kaur, Malkeet Singh, Sukhpal Singh and Ranjeet Singh @ Baaz Singh have challenged the impugned judgment dated 25th January, 2014, convicting them for murder of Lakhbir Singh @ Lakha, in the charge -sheet arising out of FIR No. 31/10, P.S. Adarsh Nagar. By order on sentence dated 22nd February, 2014, the appellants have been sentenced for the offence under Sec. 302 IPC to imprisonment for life, fine of Rs. 25,000/ - each and in default of payment of fine to undergo simple imprisonment of 3 months. They have also been convicted under Sec. 201 IPC and sentenced to rigorous imprisonment of 5 years, fine of Rs. 5,000/ - and in default of payment of fine to undergo simple imprisonment for 15 days each. The impugned judgment also convicts them under Sec. 120B read with Sec. 302/201 IPC and they stand sentenced for imprisonment for life, fine of Rs. 2,000/ - and in default to undergo simple imprisonment for one week each. Rs. 1,00,000/ - out of the total amount of fine, if realized, it stands directed would be paid to legal heirs of the deceased Lakhbir Singh @ Lakha as compensation under Sec. 357 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short). The sentences are to run concurrently and benefit of Sec. 428 Cr.P.C. has been granted.

(2.) Before referring to the arguments raised by the appellants, it would be appropriate to reproduce the prosecution version in brief.

(3.) The deceased Lakhbir Singh @ Lakha was a Mehant and used to reside in the Gurudwara Rab da Kutta, Azadpur. The appellants also used to reside in the same Gurudwara. However, the deceased Lakhbir Singh @ Lakha belonged to the faction headed by Baba Baldev Singh, whereas the appellant Jasbir Kaur belonged to the faction headed by Baba Surjeet Singh and there were inter se disputes between the two factions on the control of the said Gurudwara and other Gurudwaras. Lakhbir Singh was last seen at about 10 PM on 3rd February, 2010. He was not to be seen on or after 5 AM on 4th February, 2010. On 5th February, 2010 at about 4.30 PM, Lakhbir Singh's son, Rajender Singh (PW12) made a missing report at police station Adarsh Nagar, and FIR No. 31/2010 was registered under Sec. 365/34 IPC. Details of Lakhbir Singh were uploaded on the ZIPNet website. Coincidingly, a dead body of unknown person was found in the area of police station, Timarpur on 5th February, 2010. On 10th February, 2010, this body was identified as that of Lakhbir Singh. On investigation, it was learnt that the appellants herein are the perpetrators who have committed the crime.