BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of mine shall dispose of two appeals, namely, CRA no.1740-SB of 2002 and CRA No.1803-SB of 2002, as the same are related to same incident and are cross versions. However, the facts are being derived from CRA No. 1740- SB of 2002.

(2.) THE present appeal has been directed against the judgment of conviction dated 4.9.2002 and order of sentence dated 5.9.2002 (hereinafter as 'impugned judgment') passed by learned Additional Sessions Judge, Gurdaspur'(here in after as 'trial Court'), whereby the accused-appellants, namely, Balwinder Singh @ Binda @ Nihang, Mukhtiar Singh. @ Mukha and Soni, have been convicted and sentenced to the following effect:- Balwinder Singh @ To undergo R.I. for seven years and Binda @ Nihang to pay a fine of Rs.2000/-and in default of payment of fine, to further undergo R.I. for two months u/S. 307 IPC Mukhtiar Singh @ To undergo R.I. for five years and to Mukha pay a fine of Rs.l000/-and in default of payment of fine, to further undergo R.I. for one month u/S. 307/ 34 IPC Soni To undergo R.I. for five years and to pay a fine of Rs.1000/-and in default of payment of fine, to further undergo R.I. for one month u/S. 307/34 IPC

(3.) ON completion of the investigation, the accused were charge-sheeted for the commission of offence punishable under Section 307 read with Section 34 IPC to which they pleaded not guilty and claimed trial.