SHAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of above two criminal appeals i.e. Criminal Appeal No.S -961 -SB of 2001 filed by Sham Lal, Des Raj, Ramesh Chand and Nishan Singh and Criminal Appeal No.S -1287 -SB of 2001 filed by Amarjit Singh as these arise out of the same judgment of conviction and order of sentence dated 23.8.2001 passed by learned Additional Sessions Judge, Fatehgarh Sahib.

(2.) THE above criminal appeals have been filed against the judgment of conviction and order of sentence dated 23.8.2001 passed by learned Additional Sessions Judge, Fatehgarh Sahib, whereby all the accused -appellants have been held guilty and convicted for the offences under Sections 147, 365 read with Section 149 of the Indian Penal Code (hereinafter referred to as Rs.IPC'). However, they have been acquitted of the charges framed against them for the offences under Sections 148 and 364 IPC. They have been sentenced to undergo rigorous imprisonment for four years each and to pay a fine of Rs.1,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for one year each for the offence under Section 365 read with Section 149 IPC. They have also been sentenced to undergo rigorous imprisonment for one year each for the offence under Section 147 IPC. Both the sentences have been ordered to run concurrently.

(3.) ON presentation of challan, the trial Court finding prima facie case against accused, framed charges for the offences under Sections 148, 364, 365 read with Section 149 IPC against all the accused, to which the accused pleaded not guilty and claimed trial.