KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been instituted against judgment and order dated 9.9.2014, rendered by learned Additional Sessions Judge, Fatehgarh Sahib, in Sessions Case No. 12-RT of 2014. Appellant Kulwinder Singh @ Mintu along with co-accused Sonu Gupta was charged with and tried for the offence punishable under Sections 302, 364, 201, 404 read with Section 34 IPC. Accused Kulwinder Singh @ Mintu was convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. He was also convicted and sentenced under Section 201 IPC to undergo rigorous imprisonment for seven years and to pay fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently. Co-accused Sonu Gupta was acquitted.

(2.) The case of the prosecution in a nutshell is that one Gurpreet Singh deceased was the owner of Truck No. HR-01-GA-5527. As per the contents of the FIR, Ex.PA, he had employed Kulwinder Singh accused as his helper. In the evening of 14.1.2014, Gurpreet Singh loaded his truck with iron pipes and left for Gurgaon, in the company of accused Kulwinder Singh. On the way, Sonu Gupta also met them. Sonu Gupta and accused Kulwinder Singh hatched a conspiracy to kill Gurpreet Singh with the motive of taking away money and to dispose of the truck as well as the iron pipes. When they reached in the vicinity of Narwana Branch in the area of Sirhind, they asked Gurpreet Singh to stop the truck. Sonu held Gurpreet Singh and accused Kulwinder Singh gave fatal blows on his head with a panna. After killing him, they threw the body in the canal. Thereafter, they took the truck towards Doraha side. On seeing the police on the way, they abandoned the truck in the area of village Asgaripur. On the next day, deceased's brother Kulwinder Singh got a telephonic call from Police Post, Kota (Khanna), about the said truck lying abandoned in the area of village Asgaripur. Under these circumstances, the FIR was registered. The investigation was initiated and challan was put up after completion of codal formalities.

(3.) The prosecution examined as many as 25 witnesses in support of the case. The statements of the accused were also recorded under Section 313 Cr.P.C. According to them, they were falsely implicated in the case. Co-accused Sonu Gupta was acquitted. Accused Kulwinder Singh @ Mintu was convicted and sentenced, as noticed above. Hence, the present appeal.