MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Mohan Singh son of Shanker Singh resident of Village Dhangri, Police Station Roomal, Tehsil & Distt.

(2.) Gorakhpur (U.P) against the judgment of the learned Additional Sessions Judge, Ludhiana, dated 20.7.2009 convicting the accused-appellant under Section 302 of the Indian Penal Code (for short "IPC") read with Section 34 IPC and under Section 397 IPC as also against the order of sentence to undergo imprisonment for life in the present case of double murder and to pay a fine of Rs.3,000/- and in default of payment of fine to undergo RI for 3 months. Besides, the appellant has been sentenced to 7 years RI under Section 397 IPC and to pay a fine of Rs.500/- and in default of payment of which he would further undergo RI for 15 days. The other co-accused Sunil Kumar and Bhagat Ram were convicted under Section 411 IPC to undergo one year RI. The sentences have been ordered to run concurrently in all the three cases. It may not be out of place to mention that non-appellants Sunil Kumar and Bhagat Ram are stated to have served out their sentences and stand released.

(3.) The prosecution story is that an FIR No.134 under Section 302/380/411 IPC was registered at Police Station Model Town, Ludhiana on 22.5.2003 on the statement of Naresh Kumar son of Sat Pal resident of 58- B, Shashtri Nagar, Ludhiana, husband of the deceased Poonam. He stated that he is one of three brothers, who deal in the business of exchange of foreign currency. The shop is situated at Gill Chowk, Ludhiana. He resided with his wife and three children aged 4, 13 and 14 at the aforesaid address.