RESHAM SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants-Resham Singh and Gurjant Singh alias Janta have filed this appeal against the judgment and order dated 27.4.2010/28.4.2010 passed by the learned Additional Sessions Judge, Bathinda whereby the appellants have been held guilty for the commission of offence punishable under Section 302 of the Indian Penal Code (IPC' - for short) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 302 IPC. They have also been held guilty for the offence under Section 364 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 364 IPC. Appellant No.1 Resham Singh has also been held guilty for the offence under Section 307 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 307 IPC. Appellant No.2 Gurjant Singh has also been held guilty for the offence under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 307 read with Section 34 IPC.

(2.) Both the appellants have also been held guilty for the offence under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one and a half year and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for one month each for the offence under Section 25 of the Arms Act. However, all the sentences have been ordered to run concurrently.

(3.) The brief facts of the prosecution case are that Mander Singh son of Gurjeet Singh was a driver of LP Truck No.HR-46-4825 owned by Kulwant Singh alias Kunda. Gurpreet Singh complainant was a cleaner on the said vehicle. On 27.9.2006 at about 9.00 p.m., both of them went from Bhadaur to Birla Plus Cement factory, Lehra Mohabbat for loading of the goods. Due to non-availability of goods after taking meals they went to sleep in the truck. On the next day upto 2.00 O'clock they could not receive the goods, then Janta Singh son of Roop Singh and Resham Singh son of Diddar Singh came there. Janta Singh asked Mander Singh to go to home since he could not receive the goods. The complainant and Mander Singh on their vehicle and Janta Singh and Resham Singh on their LP vehicle reached the house of Janta Singh. There all took liquor and had meal. At about 12.00 midnight Janta Singh told them to visit Myserkhana fair and he took .12 bore country made pistol from the box. They all boarded in truck No.HR-46-4825. Janta Singh was driving the truck and at 1.00 O'clock in the intervening night of 28/29.9.2006, they reached at Jhandu Ke drain.