LAWS(P&H)-2004-8-14

JAGDEEP SINGH Vs. STATE OF PUNJAB

Decided On August 23, 2004
JAGDEEP SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By this common order, four criminal appeals viz. Cri. Appeal Nos. 614-DB of 2000, 653-DB of 2000, 654-DB of 2000 and Cri. Appeal No. 57-DB of 2001, filed by the accused-appellants against the judgment of conviction and order of sentence dated 18-10-2000 passed by learned Additional Sessions Judge, Jalandhar and Cri. Revision No. 221 of 2001 filed by Sadhu Singh, father of the deceased, are being disposed of as these arise out of the same judgment.

(2.) The accused appellants have filed the above mentioned criminal appeals for setting aside the judgment of conviction and order of sentence dated 18-10-2000 in case FIR No. 49 dated 3-4-1998 registered under Sections 302/402/148/149/120-B, IPC at Police Station Division No. 6, Jalandhar, vide which all the accused-appellants were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 2000/- each under Section 302/34, IPC and in default of payment of fine to further undergo R.I. for three months; to undergo R.I. for ten years and to pay fine of Rs. 1000/- each under Section 450, IPC and in default of payment of fine to undergo further R.I. for three months. They have been sentenced to undergo R.I. for three years and to pay fine of Rs. 500/- under Section 404, IPC and in default of payment of fine to undergo further R.I. for one month and that all the sentences will run concurrently. Criminal Revision No. 221 of 2001 has been filed for enhancement of sentence awarded to the accused-appellants and to pay compensation to the petitioner.

(3.) The brief facts of this case are that Harvinder Singh, deceased had come from Philpine and after his return, he started residing at Kothi No. 69, Guru Nagar, Model Town, Jalandhar. Miss Manpreet Kaur, his sister's daughter, a student of 5th class also started living with him. The present case was registered on the basis of statement (Ex. P/E) made by Miss Manpreet Kaur, complainant. She alleged that on 1-4-1998, she had gone to meet Ajit Singh alias Jai Hind, her maternal uncle, who was residing in Kothi No. 712, Guru Teg Bahadur Nagar, Jalandhar. On 2-4-1998, Harvinder Singh at about 6.00 p.m. went there and took her back to Kothi No. 69 at Jalandhar. He told her that he along with Jagdeep Singh, accused were going to market to bring food for dinner at night and she should stay at home. Kuldeep Kaur, real sister of Harvinder Singh also came there in the meantime. She is the maternal sister of Miss Manpreet Kaur. Harvinder Singh (deceased) along with Jagdeep Singh accused started taking liquor at about 9.00 p.m. in the bed-room. Manpreet along with Kuldlp Kaur slept in the other bed-room.