UPKAR HANS ALIAS VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, we propose to dispose of three appeals i.e. CRA-D-44-DB of 2012 filed by Upkar Hans alias Vicky, CRA-D-73-DB of 2012 filed by Rajiv Kumar @ Lucky and CRA-D-261-DB of 2012 filed by Deepak @ Gian, all accused, who were tried and convicted by the Court of learned Additional Sessions Judge, Hoshiarpur for the offence under Section 460 IPC, whereas their co-accused Sunny was acquitted, vide impugned judgment dated 14.12.2011 and vide order of the said very date, they Upkar Hans alias Vicky, Rajiv Kumar @ Lucky and Deepak @ Gian were sentenced as follows:

(2.) The accused-convicts, who are appellants before this Court, pray that their appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the facts of the case as per the prosecution story are that on the intervening night of 10/11.8.2007, an elderly couple namely Gurmail Singh and Amarjit Kaur was murdered at their residence in the area of near Gurudwara Tibba Sahib, Hoshiarpur and several articles were stolen from their house. Ms. Atma Kaur wife of Mohinder Singh living in their neighbourhood informed the complainant Balbir Singh working as Sewadar in Gurudwara Tibba SahiB, Hoshiarpur on 11.8.2007 in the morning and Balbir Singh in turn got his statement recorded with SI Sukhwinder Singh from Police Station Model Town, Hoshiarpur, who along with other police officials on getting information regarding the incident had reached the spot. On the basis of statement of complainant Balbir Singh, formal FIR was recorded. The investigation in this case took place. One Surinder Kumar, Municipal Commissioner, resident of Purhiran, Hoshiarpur contacted the police and informed that Munish Kumar, Upkar Hans @ Vicky, Rajiv Kumar @ Sunny, Deepak and Sunny had approached him confessing their involvement in the incident. Accused Munish Kumar, Upkar Hans @ Vicky, Rajiv Kumar and Deepak were arrested in this case.