DINESH KUMAR & OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Jaswant Rai @ Ghula, Amandip Singh @ Shelly, Harpreet Singh @ Happy and Surender Kumar @ Billa were convicted under Section 302 read with Section 149 IPC and were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each and in default of payment of fine, to undergo a further period of 1 year R.I. Accused Dinesh Kumar was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- and in default of payment of fine, to undergo a further period of 1 year R.I. He was also convicted under Section 148 IPC and was sentenced to undergo 2 years R.I. and to pay a fine of Rs. 2000/- each and in default of payment of fine, to undergo a further period of 2 months R.I. Both the sentences awarded to accused Dinesh Kumar were ordered to run concurrently. They have preferred jointly Crl.A. No.1174-DB of 2010.

(2.) The brief case of the prosecution is found in the first information report Ex.PA lodged by PW1 Karamjit Singh, the father of deceased Amrinder Singh. He has stated that on 9.7.2006 at about 10.15 p.m. when he was taking meals alongwith his family members including his son Amrinder Singh @ Gandhi (deceased), accused Dinesh Kumar @ Babu and Surender Kumar @ Billa were standing outside the main gate. Accused Dinesh Kumar @ Billa asked Amrinder Singh to come out of the house. All of them moved towards chowk in the village. PW1 followed them with a torch in his hand. When the accused alongwith his son Amrinder Singh turned towards the street, accused Jaswant Rai and accused Harpreet Singh @ Happy were already present over there. The street light was on. Accused Surinder Kumar @ Billa and Amandip Singh caught hold of the right arm of his son Amrinder Singh. Accused Jaswant Rai and accused Sukhwinder Kumar @ Shoki caught hold of the left arm of Amrinder Singh. Accused Harpreet Singh @ Happy caught hold of the head of Amrinder Singh. Thereupon accused Dinesh Kumar @ Babu took out a double-edged knife and gave a blow on Amrinder Singh @ Gandhi who fell down. Thereafter he suddenly woke-up and ran away in the street. He fell down thereafter and raised raula. Accused Dinesh Kumar @ Babu alongwith his companions fled away from the scene of occurrence alongwith the weapon. Amrinder Singh was taken to Civil Hospital, Doraha, but he unfortunately died on the way. There was some dispute with accused Jaswant Rai @ Ghula, Sukhwinder Kumar @ Shoki and Harpreet Singh @ Happy. Therefore, they alongwith accused Jarnail Singh conspired and committed the murder.

(3.) All the accused were arrested by the investigating officer.