DHANRAJ SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) S/Shri Dhanraj Singh alias Shera and Jagsir Singh alias Pappu sons of Shri Kulwant Singh and Rajinder Singh alias Gora son of Jagrup Singh, all residents of village Tungawali. District Bathinda, have filed the present criminal appeal and it has been directed against the judgment and order dated 9.11.2000, passed by the Court of Additional District & Sessions Judge, Bhatinda, who convicted the present three appellants under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1000/- each. In default of payment of fine, they were directed to undergo R.I. for a period of three months each.

(2.) The present three appellants referred to above, along with Jagrup Singh son of Nand Singh, father of Rajinder Singh appellant and Nachhattar Singh alias Kala son of Jagrup Singh aforesaid were charge-sheeted on two counts; firstly that on 15.10.1995, at about 6.00 P.M. at Bhalerian Petrol Pump. Bhucho, Jagrup Singh and Nachhattar Singh (since acquitted) entered into a conspiracy for committing the murder of Sukhmander Singh and thereby they allegedly committed an offence punishable under Section 120-B of the Indian Penal Code and secondly on 21.10.1995 at 11.30 A.M. in the area of Tungwali, the present appellants in furtherance of their common intention intentionally caused the death of Sukhmander Singh with fire arms and thereby committed an offence punishable under Section 302/34 of the Indian Penal Code.

(3.) It is a case in which we have formulated an impression that the police tried to spoil the case of the complainant Shri Sukhdev Singh by siding with the accused party as a result of which the complainant Shri Sukhdev Singh had to file a criminal complaint against the present three appellants and their two companions.