PARSHINDER SINGH, GURDASS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of above mentioned two criminal appeals i.e. Criminal Appeal No.D-414-DB of 2001 filed by Parshinder Singh and Criminal Appeal No.D-297-DB of 2001 filed by Gurdass Singh, as these arise out of the same judgment of conviction and order of sentence dated 15.5.2001 passed by Additional Sessions Judge, Bathinda.

(2.) These two criminal appeals have been filed against the judgment of conviction and order of sentence dated 15.5.2001 passed by Additional Sessions Judge, Bathinda, whereby both the accused-appellants, namely, Parshinder Singh and Gurdass Singh have been held guilty for the offences punishable under Sections 450, 302 read with Section 34 and 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). They have been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 450 IPC. They have also been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 302 read with Section 34 IPC. They have also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 307 read with Section 34 IPC. However, all the substantive sentences of imprisonment have been ordered to run concurrently.

(3.) The brief facts of the prosecution case are that after receiving a QST from In-charge, Police Post, Civil Lines, Bathinda regarding admission of Sarabjit Singh, Kirna and Jhanda Singh in Civil Hospital, Bathinda in injured condition, ASI Gurcharan Singh along with other Police officials reached the hospital and after obtaining separate opinion regarding fitness of the injured to make statements, statement of Jhanda Singh was recorded.