SUNIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) OUT of 7 accused who were charge -sheeted, accused Sarju was declared as Proclaimed Offender, accused Rajesh Kumar and accused Kusma Devi were acquitted. All the other 4 accused, Sunil Kumar, Satish Kumar, Arjan Kumar @ Anil and Mulakh Raj @ Mulkhu were convicted under Section 120 -B, 396 and 411 IPC. They have preferred these two appeals challenging the conviction and sentence recorded by the trial Court.

(2.) IT is the case of the prosecution that on 23.1.2008 at about 5.00 p.m., accused Arjan Kumar @ Anil Kumar who was employed as a domestic help -cum -cook by deceased Bhupinder Singh, entered into a criminal conspiracy with other accused including the accused -appellants herein and committed murder during the course of committing dacoity and retained the booty with them.

(3.) PW 3 Sandeep Kaur was the daughter -in -law of deceased Bhupinder Singh and Gurmit Kaur. She was residing alongwith her husband and child in the house of her father -in -law Bhupinder Singh. She has deposed that her father -in -law employed accused Arjan Kumar @ Anil as domestic servant about two days prior to the Lohri festival of the year 2008. The servant was referred by Gosal, the friend of deceased Bhupinder Singh. Accused Sarju, Satish, Mulkha and Sunil used to come and meet Arjan Kumar @ Anil at the residence of the deceased. PW14 Sarabjit Singh was the son of the deceased Bhupinder Singh and Gurmit Kaur, the husband of PW3. Accused Arjan Kumar @ Anil asked PW14 to secure some employment for the above accused. Deceased Bhupinder Singh and Gurmit Kaur got annoyed with Arjan Kumar @ Anil due to the frequent visits of the other accused who were his friends. Gurmit Kaur infact snubbed them for their frequent visit to the house of the deceased.