GURKIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whereas appellant Gurkirpal Singh son of Amrik Singh, aged 20 years, has been held guilty for an offence under Section 302 of the Indian Penal Code for having intentionally caused death of one Harjit Singh, his co-accused Gurmit Singh son of Gurpartap Singh, aged 19 years, has been sentenced for the same offence with the aid of Section 34, I.P.C. Both the appellants vide order of conviction and sentence dated October 24, 1996 recorded by the learned Additional Sessions Judge, Fatehgarh Sahib, have been ordered to undergo RI for life and to pay a fine of Rs. 2500/- or in default of payment of fine, to further undergo RI for three months each. It is against this order of conviction and sentence that the present appeal has been filed.

(2.) Complainant Bachittar Singh has also filed Criminal Revision No. 284 of 1997 which has been ordered to be heard along with this appeal. Therefore, by this order, we will dispose of both these matters, i.e., Crl. Appeal No. 596-DB of 1996 and Crl. Revision No. 284 of 1997.

(3.) Inasmuch as Mr. P. S. Mann, Senior Advocate, assisted by Mr. T.P.S. Mann, Advocate, has not made any endeavour for a clean acquittal of both the appellants and has confined his arguments with regard to non-applicability of Section 34, I.P.C. and, thus, to earn acquittal of appellant Gurmit Singh and further argued with regard to nature of offence having been committed by appellant Gurkirpal Singh, which, according to him would not go beyond Section 304, Part III, I.P.C., there is no need to give the evidence in its all details.