KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA-D-416-DB of 2003, CRA-D-419-DB of 2003 and CRR-894 of 2004, therefore, these are taken up together and being disposed of by a common judgment.

(2.) CRA-D-416-DB of 2003 and CRA-D-419-DB of 2003 are instituted against judgment and order dated 14.03.2003, rendered by learned Sessions Judge, Fatehgarh Sahib, in Sessions Case No. 46T of 22.11.1998/08.06.2001. Appellants Kuldeep Singh and Raghbir Singh along with co-accused Harminder Singh were charged with and tried for the offences punishable under Sections 120-B, 302/34 IPC. Appellant Raghbir Singh was also charged with and tried for the offence punishable under Section 27 of the Arms Act. Appellant Kuldeep Singh was convicted under Section 302/34 IPC and appellant Raghbir Singh was convicted under Section 302 IPC and Section 30 of the Arms Act. However, co-accused Harminder Singh was acquitted of the charges framed against him. Appellant Kuldeep Singh was sentenced under Section 302/34 IPC to undergo life imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. Appellant Raghbir Singh was sentenced under Section 302 IPC to undergo life imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months, and under Section 30 of the Arms Act to undergo rigorous imprisonment for six months. Both the sentences passed against appellant Raghbir Singh were ordered to run concurrently.

(3.) CRR-894 of 2004 has been filed by complainant Netar Singh seeking conviction and sentence of co-accused Harminder Singh and for grant of compensation to the legal heirs of deceased Kesar Singh.