SUKHVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal filed by Sukhwinder Singh is directed against the judgement dated 2nd June, 1994, passed by the Additional Sessions Judge, Jalandhar, in the case FIR No. 97 dated 6th November, 1991, registered at Police Station Goraya under Section 460 of the Indian Penal Code. Vide this judgement, the learned Additional Sessions Judge convicted the appellant and three others namely, Jaswinder Singh, Sushil Kumar and Vikram under Section 460 of the Indian Penal Code, and sentenced each one of them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2000/- each (in default of payment of fine, to undergo further RI for six months).

(2.) Briefly stated, the case of the prosecution is that on 6th November, 1991, the complainant Gurmit Singh, who is the brother of the deceased along with one Pritpal Singh, went to Dera in the fields and found that his brother Thakar Singh was lying on the cot in one room and had injuries on his neck, mouth, chest and abdomen with some sharp edged weapons, and as a result of those injuries, he had died. It was also found that one T. V. (Black and white) and one cycle were stolen from the room. At the instance of said Gurmit Singh, FIR was registered on 6th November, 1991 at Police Station Goraya under Section 460 of the Indian Penal Code. It is further alleged that on 17th November, 1991 accused Sukhwinder Singh (appellant) Jaswinder Singh, Sushil Kumar alias Prem and Vikram alias Raju came to one Ranjit Singh, who is a cultivator in the village Atta, and told him that on 5th November, 1991 they had gone to the residence of Thakar Singh, where Thakar Singh served them liquor and after Thakar Singh went asleep, these persons made a scheme to carry away the Television and the cycle of Thakar Singh. Thereafter Sukhwinder Singh (appellant) along with Vikram went to his house and brought two Kirpans. Jaswinder Singh gave two kirpan blows on the neck and face of Thakar Singh and Vikram gave a Kirpan blow in the abdomen of Thakar Singh and as a result, Thakar Singh died on the spot. It is also alleged that during the investigation Ranjit Singh informed the IO Ramesh Chandra on 17th November, 1991 itself about the confessional statement made by the accused before him and thereafter, all the accused were arrested and as a result of disclosure statement of appellant, Sukhwinder Singh, Cycle Exhibit P. 2 was recovered from a heap of Parali of one Iqbal Singh. Simultaneously as a result of the disclosure statement of Jaswinder Singh, Kirpan was recovered from the same place and as a result of the disclosure statement of Vikram alias Raju, another kirpan was recovered from the same place and pursuant to disclosure statement of Sushil Kumar, T. V. Exhibit P. 1 was recovered simultaneously from the same place.

(3.) The prosecution examined inter alia Gurmit Singh, Ranjit Singh, before whom the alleged confession was made by the accused, SI Ramesh Chandra (IO), ASI Gulzar Singh and Balwinder Singh who is alleged to have sold the T. V. in question.