HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHAG Singh, along with his father, Mohinder Singh and two sons Harbhajan Singh and Avtar Singh, was tried for the offence punishable under Sections 307/326/324/323/34 of the Indian Penal Code, 1860 (for short 'IPC') by the Court of learned Additional Sessions Judge -Fast Track Court, Ferozepur (for short 'the trial Court').

(2.) BHAG Singh died during the pendency of trial. Vide judgment/order dated 21.04.2003, learned trial Court acquitted Avtar Singh as prosecution could not fix his guilt beyond reasonable doubt but Mohinder Singh was convicted under Section 323, IPC, and was released on probation in terms of Section 360 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') while Harbhajan Singh, the present appellant, was convicted and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2,000/ - and in default of payment of fine, to further rigorous imprisonment for nine months, under Section 307, IPC to rigorous imprisonment for four years and to pay a fine of Rs. 2,000/ - and in default of payment of fine, to further rigorous imprisonment for nine months, under Section 326 read with Section 34, IPC, and to rigorous imprisonment for six months, under Section 323 read with Section 34, IPC.

(3.) TO challenge the judgment of conviction and order of sentence, appellant -Harbhajan Singh, has brought this appeal which the State is contesting.