JASBIR SINGH @ BEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two appeals, i.e. Criminal Appeal No. 607-DB of 2008, filed by three accused against their conviction and sentence for committing the murder of Hardial Singh, and Criminal Appeal No. 24-DB of 2009, filed by the State of Punjab, against the acquittal of accused Jaswant Singh alias Jassi.

(2.) In the present case, four accused, namely Jasbir Singh alias Beera, Sahib Singh alias Pardhan Singh, Balraj Singh and Jaswant Singh alias Jassi (hereinafter referred to as A-1, A-2, A-3 and A-4, respectively) were tried by the court of Additional Sessions Judge, Gurdaspur, for committing the murder of Hardial Singh. A-2, A-3 and A-4 are son, nephew and younger brother of A-1. One more accused, namely Ajmer Singh (son of A-4) whose name came in the supplementary statement of the complainant, was also summoned under Section 319 Cr.P.C., but since he was a juvenile on the day of the occurrence, therefore, his case was referred to the Juvenile Justice Board, which is stated to be still pending.

(3.) The trial court, vide its judgment and order dated 11.7.2008, convicted and sentenced A-1 to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- under Section 302 IPC. A-2 and A-3 were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- each, under Section 302 read with Section 34 IPC. However, A-4 was acquitted of the charge. In the order of sentence, a direction was also issued by the trial court that no period of parole or remission granted to the convicts should be deducted from the sentence awarded and the convicts should not be released without undergoing a minimum period of twenty years rigorous imprisonment.