GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURMAIL Singh, Paramjit Singh and Bhajan Kaur, the appellants have brought this appeal against the judgment dated 13.2.2003 passed by learned Additional Sessions Judge, Hoshiarpur vide which they have been held guilty and convicted for an offence punishable under section 306 IPC and also the order on sentence of the same date vide which the appellants have been sentenced to undergo rigorous imprisonment for a period of seven years each and to pay fine of Rs.5,000.00 each with further rigorous imprisonment for a period of one year in default of payment of fine. Sarwan Singh, the complainant has filed the connected Criminal Revision No. 664 of 2003 against the convicts seeking reappraisal of evidence of the prosecution and converting the conviction to one under section 304-B IPC or for enhancing the punishment awarded to the convicts.

(2.) THE case against the appellants, as set up by Police Station, Hariana, District Hoshiarpur, vide FIR No. 58 dated 21.5.2000, is as under:-

(3.) HEARING learned public prosecutor for the State and learned counsel for the defence, learned Additional Sessions Judge, Hosharipur found the accused guilty for an offence punishable under section 306 IPC instead of section 304-B IPC and consequently convicted them for the offence punishable under section 306 IPC. Hearing on quantum of sentence was given on the same day and the sentence, as detailed above, was awarded to the convicts. Aggrieved by the aforesaid judgment of conviction and order on sentence, the convicts have brought this appeal.