KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 240 -SB of 1991 and Criminal Revision No.665 of 1991 as they arise out of the same judgment and order dated 1.6.1991 passed by the learned Additional Sessions Judge, Amritsar, whereby the appellant Kulwant Singh has been found guilty and convicted for the offence under Section 326 Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.5,000/ -. Besides, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) KULWANT Singh in the criminal appeal assails the finding of guilt and consequent conviction as also the sentence imposed on him. In the criminal revision Sawinder Singh complainant prays for setting aside the acquittal of Paramjit Singh and for convicting him for the offence under Section 307/34 IPC and sentencing him accordingly. Besides, for converting the conviction of Kulwant Singh from that under Section 326 IPC to Section 307 IPC and accordingly for enhancing the sentence awarded to him.

(3.) THE Police after investigating the case presented challan on 11.3.1988 under Section 173 of the Code of Criminal Procedure (Cr.P.C. for short). The learned Judicial Magistrate 1st Class, Amritsar vide his order dated 21.3.1988 committed the case of the Court of Session. The learned Additional Sessions Judge, to whom the case was assigned, vide his order dated 25.4.1988 charged Kulwant Singh (appellant) for having committed an offence punishable under Section 307 IPC whereas Paramjit Singh was charged for having committed an offence punishable under Section 307 read with Section 34 IPC. Besides, Kulwant Singh was charged for having committed offence punishable under Section 27 of the Arms Act. The accused pleaded not guilty and claimed trial.