SARDUL SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 03.09.2010 rendered by learned Additional Sessions Judge, Bhatinda, whereby appellants were held guilty for committing offence punishable under Section 302/34 IPC. Appellant-accused Mahla was also convicted under Section 27 of the Arms Act whereas appellant-accused Labh Singh was, in addition convicted under Section 30 of the Arms Act. Vide order of sentence dated 18.09.2010, each one of the appellants-accused was sentenced to undergo imprisonment for life and a fine of Rs.10,000/-. In default of payment of fine, to undergo rigorous imprisonment for 6 months for committing offence punishable under Section 302/34 IPC, whereas accused Mahla was also sentenced to imprisonment for three year and to pay a fine of Rs. 5,000/-. In default of payment of fine, to undergo further rigorous imprisonment for 1 month for the offence under Section 27 of the Arms Act. Likewise, accused Labh Singh was also sentenced to imprisonment for 6 months and to pay a fine of Rs. 2,000/-. In default of payment of fine, to undergo RI for one month for the offence under Section 30 of the Arms Act.

(2.) Brief facts of the prosecution case are like this; that on 12.05.2008 complainant and his brother Gurjant Singh were present in their house where Sardul Singh armed with gandasa, Ranjit Singh armed with 'Ghop', Harbans Singh armed with 'Khapra', Kuldip Kaur, Chhinder Kaur both armed with iron rods. Labh Singh armed with .12 bore licenced gun, Mahla Singh empty handed, Dalaur Singh armed with gandasa came there.

(3.) At that time, it was 5:30 P.M. They started abusing complainant party.