NAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PURSUANT to the information allegedly supplied by Sohan Singh deceased to the police in the year 1983, the police was able to recover poppy husk from Sukhdev Singh, real brother of Naib Singh accused. Sukhdev Singh was thereafter prosecuted, convicted and sentenced for it.

(2.) ON 16th March, 1986 around 8.00 P.M. Sohan Singh was getting his sugarcane crushed and making 'gur' out of it at the sugarcane crusher of Naib Singh accused. Nachhitar Singh, Naib Singh, author of the first Information report, both real brothers of Sohan Singh, were also there together with their helpers in Sham Singh and Sant Singh.

(3.) ON being charged with the commission of offences under section 302 of the Indian Penal Code and 27 of the Arms Act accused Naib Singh, under section 302/34 of the Indian Penal Code and section 30 of the Arms Act accused Hamir Singh and under section 302/34 of the Indian Penal Code accused Bhagwan Singh, all three accused pleaded not guilty and claimed to be tried. Vide its impugned judgment dated 21st November, 1987 learned trial Court acquitted Bhagwan Singh, convicted Hamir Singh accused under section 30 of the Arms Act only and sentenced him to undergo rigorous imprisonment for a period of 3 months and convicted Naib Singh accused-appellant for the commission of offences under sections, 302 of the Indian Penal Code and 27 of the Arms Act. Naib Singh was awarded life imprisonment for his conviction under section 302 of the Indian Penal Code and also fined Rs. 2000/-. In default of payment of fine accused-appellant was ordered to undergo rigorous imprisonment for a further period of two years. For his conviction under section 27 of the Arms Act accused-appellant Naib Singh was ordered to undergo rigorous imprisonment for a period of three years. Both the substantive sentences imprisonment awarded to accused-appellant Naib Singh on both these counts were ordered to run concurrently. Feeling aggrieved from the impugned judgment dated 21st November, 1987 of the learned trial Court, Naib Singh has filed Cr. A. No. 609-DB of 1987 and 16-DB of 1988 in this Court separately against his conviction and sentence under section 102 of the Indian Penal Code, and section 27 of the Arms Act respectively.