GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by appellants Gurtej Singh, Jaspal Singh alias Pala, Manjit Singh alias Neela, Angrej Singh, Ram Singh, Sukhjit Singh and Gurmail Singh against the judgment of conviction and sentence order dated 4.9.2008 passed by the learned Additional Sessions Judge, Bathinda, whereby they were convicted and sentenced under Sections 120B, 148, 364 read with Sections 149 and 302 read with Section 149 of the Indian Penal Code (for short 'the Code'). Appellant Sukhjit Singh was also convicted and sentenced under Section 25 of the Arms Act, 1959 (for short 'the Act') and appellant Gurtej Singh under Section 30 of the Act. Each of the appellant was sentenced to imprisonment for life and to pay line of Rs.2,000 in default whereof to undergo further rigorous imprisonment for one year under Section 120B of the Code. Each of the appellant was also sentenced to undergo rigorous imprisonment for two years under Section 148 of the Code. Each of the appellant was further sentenced to undergo rigorous imprisonment for eight years and to pay fine of Rs.2.000 in default whereof to undergo further rigorous imprisonment for one month under Section 364 read with Section 149 of the Code. Each of the appellant was further sentenced to imprisonment for life and to pay fine of Rs.5,000 in default whereof to undergo further rigorous imprisonment for one year under Section 302 read with Section 149 of the Code. Under Section 25 of the Act. appellant Sukhjit Singh was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1.000, in default whereof to undergo further rigorous imprisonment for three months. Under Section 30 of the Act, appellant Gurtej Singh was sentenced to undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently.

(2.) CO-accused of the appellants, namely, Mohan Singh, Daljit Singh, Gurbant Singh and Ginder Singh were, however, acquitted of the charges framed against them. The prayer made in this appeal is to set aside the impugned judgment and the sentence order and to acquit the appellants of the charges framed against them by accepting this appeal.

(3.) THE instant case was registered vide FIR 67 dated 26.7.2005 under Sections 302/ 364/ 148/149/120B of the Code and Sections 25 and 30 of the Act at Police Station Raman on the basis of statement made by complainant Jagsir Singh. THE allegations against the accused were that they, after hatching a criminal conspiracy, formed an unlawful assembly, indulged in rioting while armed with deadly weapon and with the common objection of the said unlawful assembly, abducted Gurtej Singh and (hereafter committed his murder.