BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balwinder Singh (appellant) son of Kulwant Singh along with others has been convicted by the learned Additional Sessions Judge, Ludhiana vide judgment dated 16.03.2005 for the offences punishable under Sections 148, 302, 324 read with Section 149 , 324 read with Section 149, 323 read with Section 149 and 323 read with Section 149 IPC. He was sentenced to undergo imprisonment for life; besides, pay a fine of Rs.20,000/- and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Section 302 IPC. Besides, he was sentenced for varying terms for the other offences i.e. to undergo rigorous imprisonment for two years for the offence under Section 148 IPC; to undergo rigorous imprisonment for two years for the offence under Section 324 read with Section 149 IPC; to undergo rigorous imprisonment for two years for the offence under Section 324 read with Section 149 IPC; to undergo rigorous imprisonment for one year for the offence under Section 323 read with Section 149 IPC and to undergo rigorous imprisonment for two years for the offence under Section 323 read with Section 149 IPC. All the sentences were ordered to run concurrently.

(2.) On the last date of hearing, learned counsel for the appellant submitted that the appellant had died and he prayed for time to produce necessary documents.

(3.) Learned counsel for the State has filed short affidavit of Shri Amrik Singh, Deputy Superintendent, Central Jail, Ludhiana stating that the appellant-Balwinder Singh son of Kulwant Singh was admitted in Central Jail, Ludhiana as a convict on 26.02.2006 in case FIR No.63 dated 10.05.1999 registered at Police Station, Payal, Ludhiana for the offences under Sections 302, 323, 324, 148 and 149 IPC, which is the FIR in the present case. He was convicted and sentenced to rigorous imprisonment for life on 16.03.2005. He was released on bail by this court on 13.09.2007 in pursuance of order passed in Crl. Misc. No.80784 of 2007 in the present appeal. He was released vide Release Order No.01 dated 18.09.2007 by the learned Chief Judicial Magistrate, Ludhiana. The said convict i.e. Balwinder Singh (appellant), it is stated, expired on 23.11.2012 as per the Death Certificate provided by the Local Registrar, Birth and Death, Sub Centre, CHC, Payal, Ludhiana, Punjab and as verified by the SHO Doraha, Distt. Ludhiana.