PRITAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of CRA -D -374 -DB -2003 and CRR -1307 -2003, as both have arisen out of the same judgment of conviction and order of sentence dated 25.02.2003, passed by the learned Sessions Judge, Ambala. CRA -D -374 -DB -2003, has been preferred by Pritam Singh -appellant for his acquittal and CRR -1307 -2003 was filed by Gurmeet Kaur -complainant for enhancement of life imprisonment awarded to the appellant (in CRA -D -374 -DB -2003) to capital punishment. For brevity, the facts are being extracted from CRA -D -374 -DB -2003.

(2.) The appellant was tried for committing offences punishable under Ss. 302 and 307 of the Indian Penal Code (for short 'IPC') for intentionally causing death of his brother Sunder Singh on 11.05.1989 and also injuries to his brother Mohinder Singh with an intention to murder him in the area of village Mehtabgarh. The appellant was also tried for committing offence under Sec. 27 of the Arms Act for keeping in possession one spring actuated knife with the intent to commit aforesaid offences. Vide impugned judgment and order of sentence dated 25.02.2003, the learned Sessions Judge, Ambala held the appellant guilty and accordingly, convicted him under Ss. 302/307 IPC and Sec. 27 of the Arms Act and sentenced him as under: -

(3.) Under Sec. 27 of the Arms Act