KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULDIP Singh is in appeal aggrieved against the judgment of conviction and order of sentence dated 12.02.2009 passed by the learned Additional Sessions Judge, Rupnagar, vide which he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - under Section 302 IPC, to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 3,000/ - under Section 307 IPC and to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 2,000/ - under Section 27 of the Arms Act. However, all the substantive sentences were ordered to run concurrently.

(2.) ON 10.04.1988, information to the effect that firing has taken place in Bhakra Beas Management Board (BBMB) Colony, Ganguwal was received by SI/SHO Gurdial Singh, who along with HC Nirmal Singh, C. Mohinder Singh, C. Daler Singh & C. Kewal Singh, was present at the turn of Ganguwal in connection with patrolling. On receipt of such information, he along with said police officials reached the place of occurrence and came to know that Agya Singh and Ved Parkash, injured, had been removed to BBMB Hospital, Nangal. Thereafter, he went to BBMB Hospital, Nangal. After obtaining opinion of the Doctor to the effect that Agya Singh is fit to make statement, he got recorded the statement of Agya Singh (Ex. PB).

(3.) SINCE the accused was not arrested, he was declared proclaimed offender vide order dated 10.06.1988. On completion of necessary formalities, challan was presented against the accused. It was on 07.05.2007, Kuldeep Singh - accused/appellant was arrested vide memo of arrest Ex. PW -11/A. During interrogation, the accused suffered a disclosure statement (Ex. PW -11/C) regarding concealment of service revolver along with 15 live cartridges and five empties in front of his brother's house in Village Damunda under the chaff inside the earth in a plastic box. Pursuant to such disclosure statement, the accused led the police party to the disclosed place and got recovered a plastic box containing the concealed articles. All the articles were taken into possession vide recovery memo Ex. PW -11/D. On completion of necessary formalities, supplementary challan was presented against the accused.