SARUP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of the above mentioned two criminal appeals i.e. Criminal Appeal No.D-127-DB of 2011 filed by Sarup Singh, Swaran Singh, Lakhwinder Singh alias Lakhbir Singh and Sohan Singh and Criminal Appeal No.D-105-DB of 2011 filed by Manjit Singh against the impugned judgment of conviction and order of sentence dated 7.12.2010 passed by learned Additional Sessions Judge, Ferozepur, vide which the accused-appellants have been convicted for the offences under Sections 148, 302, 302 read with Section 149 IPC and Section 27 of the Arms Act. Accused-appellants Sarup Singh, Swaran Singh and Manjit Singh have been sentenced to undergo rigorous imprisonment for two years each for the offence under Section 148 IPC; to undergo life imprisonment each and to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one year each for the offence under Section 302 IPC. They have also been sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 3,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 27 of the Arms Act. Accusedappellants Lakhwinder Singh alias Lakhbir Singh and Sohan Singh have been further sentenced to undergo rigorous imprisonment for two years each for the offence under Section 148 IPC; to undergo life imprisonment each and to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one year each for the offence under Section 302 read with Section 149 IPC. All the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) The brief facts of the prosecution case as noted down by the learned trial Court in the impugned judgment dated 7.12010 are as under:-

(3.) On presentation of challan, the trial Court finding prima facie case against the accused-appellants Saroop Singh, Lakhwinder Singh and Sohan framed charges for the offences punishable under Sections 302, 302 read with Section 34 IPC and Section 25 of the Arms Act, to which they pleaded not guilty and claimed trial. Later on an application filed under Section 319 Cr.P.C., accused-appellants Swaran Singh and Manjit were also summoned vide order dated 8.4.2009 by the trial Court and all the five accused were charge-sheeted for the offences under Sections 148, 302 read with Section 149 IPC and Section 27 of the Arms Act on 20.5.2010, to which the accused pleaded not guilty and claimed trial.