AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of mine will dispose of all the three Criminal Appeals bearing Crl. Appeal No. 146-SB of 1989 filed by Amrik Singh and Surjit Singh, Crl. Appeal No. 156-SB of 1989 filed by Darbara Singh and Jagir Singh and Crl. Appeal 165-SB of 1989 filed by Baldev Singh and Jaswant Singh as all the six appellants have been convicted in the same FIR under Section 115 Part I read with Section 120-B of the Indian Penal Code by the learned Additional Sessions Judge, Ferozepur vide judgment dated 11.3.1989 and have been sentenced to undergo R.I. for two years and to pay fine of Rs. 2000/- each and in default of payment of fine, to undergo R.I. for six months each. However, the other two appeals filed by Baldev Singh and Jaswant Singh-appellants challenging their conviction under Section 25 of the Arms Act are being disposed of by a separate judgement.

(2.) THE FIR was registered on 6.12.1986 on the statement of Balbir Singh- complainant (P.W.1) and the case of the prosecution is that on 30.9.1986, Balbir Singh-complainant was going to District Courts, Ferozepur in connection with his personal case. When he reached near Bus Stand Mamdot, Gurnam Singh, Lambardar met him and they both went to the Courts. They were talking with each other in the back side of the tea stall in the Court compound, Ferozepur. It is then alleged that appellant-Jagir Singh along with Surjit Singh and Amrik Singh-appellants came to the back side of the tea stall and started taking tea while sitting on the grass. While talking to each other, Jagir Singh said to Surjit Singh and Amrik Singh-appellants that Kala Singh and his two sons had been acquitted in a murder case in which his son Sucha Singh was murdered and he wants to get Kala Singh and his two sons killed and for that he was ready to spend a huge amount. Jagir Singh further told Amrik Singh that he would not be involved in the case being in Jail. It is then the case of prosecution that Surjit Singh and Amrik singh replied giving references to the relations of Amrik Singh namely Baldev Singh and Jaswant Singh-appellants who could execute the job. On the basis of the statement of Balbir Singh, the present case was then registered by he police on 6.12.1986 under Sections 115/116/120-B of the Indian Penal Code.

(3.) ALL the appellants were convicted of the charge framed against them by the trial Court. Aggrieved by the impugned judgment of conviction and sentence, all these six appellants have preferred these three appeals.