AVINDER BIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted under Sections 193, 194, 211 and 218 of the Indian Penal Code and was sentenced to undergo imprisonment as mentioned in the order of the sentence passed by the Sessions Judge, Rupnagar vide his order dated 2.5.2002. The maximum sentence awarded to the appellant was under Section 194 of the Indian Penal Code, wherein he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-. There were three other accused, namely, Jasbir Singh, DSP, District Police Officer, Ropar, Balwant Singh. Inspector, District Police Officer, Ropar and Darshan Singh, ASI, Ropar, who were also tried along with the appellant, but all these three persons were acquitted of all the charges.

(2.) THIS is an application for suspension of sentence in the afore-mentioned case filed by Avinder Bir Singh-appellant. Mr. Tung, learned counsel for the appellant has argued that the evidence against all the accused was the same but only the appellant has been convicted, whereas the other three accused have been acquitted. He has further argued that Harpreet Singh alias Lucky, who is alleged to have been falsely implicated for the murder of Kulwant Singh and his family, has not been examined as a prosecution witness. Learned counsel contends that nearly 200 witnesses were examined but Harpreet Singh was not examined. Learned counsel has further argued that even the mother, father and other close relations of Harpreet Singh did not support the prosecution version and all of them were declared hostile during the trial. According to the learned counsel, the appellant is entitled to be granted bail during the pendency of the afore-mentioned appeal.

(3.) MR . Navkiran Singh, learned counsel for the complainant has argued that the appellant along with his other co-accused was involved in the false implication of Harpreet Singh who is alleged to have murdered Kulwant Singh and his family members and, therefore, the sentence against the appellant should not be suspended.