JATINDER KUMAR & ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 8.5.2003 passed by Sessions Judge, Ludhiana, Whereby he convicted Jatinder Kumar @ Bawa and Nirmal Singh @Nimma under Sections 302/364 -A/201 and 120 -B read with Section 34 of the Indian Penal Code. The third accused Amit Kumar was a juvenile on the date of occurrence. He was tried by the Juvenile and Justice Court.

(2.) IN this appeal, we are dealing with appellants Jatinder Kumar and Nirmal Singh only. They were sentenced to undergo rigorous imprisonment for life under Sections 302/34 and 364 -A/34 of the Indian Penal Code and to pay a fine of Rs.5,000/ - each. In default of payment of fine, they were further ordered to undergo rigorous imprisonment for six months each. Appellants were further sentenced to undergo rigorous imprison for six months each. Appellants were further sentenced to undergo rigorous imprisonment for six months each. Appellants were further sentenced to undergo rigorous imprison for two years each under Section 201 read with Section 34 of the Indian Penal Code and to pay a fine of Rs.500/ - each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for one month each. Appellants were further sentenced to undergo rigorous imprisonment for three months each under Section 120 -B read with Section 34 of the Indian Penal Code and to pay a fine of Rs.500/ - each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for one month each. All the sentences awarded to the appellants were ordered to run concurrently.

(3.) PROSECUTION to prove its case brought into the witness box Dr.Gurjit Singh (PW -1), Kiranjit Kaur (PW -2), Harminder Singh (PW -3), Sukhwinder Singh (PW4), Constable Harbans Singh (PW -5), Surjit Singh (PW -6), Arjan Singh (PW -7), Gurbachan Singh (PW -8), Mohinder Pal Singh (PW -9), Constable Gurdev Singh (PW -10), Head Constable Harmesh Lal (PW -11), Avtar Singh (PW -12), Rajinder Kumar (PW -13), Parminder Singh, Assistant Sub Inspector (PW -14) and Baldev Singh, Inspector (PW -15).