GURCHARAN SINGH Vs. STATE OF PUNJAB
SUPREME COURT OF INDIA
STATE OF PUNJAB
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AMITAVA ROY,J. -
(1.) In assailment is the judgement and order dated 17.12.2014 passed by the High Court of Punjab and Haryana at Chandigarh in
Criminal Appeal No. S-566-SB of 2004, affirming the conviction of
the appellant and co-accused Sukhvinder Singh under Section 306 of
the Indian Penal Code (hereinafter to be referred to as "IPC"), as
entered by the Trial Court. While by the decision impugned, the
conviction has been endorsed, the substantive sentence of six years
of rigorous imprisonment awarded by the Trial Court to each of the
accused persons has been scaled down to one of five years of the
same description. The instant appeal seeks to overturn the
concurrent determinations on the charge by the courts below.
(2.) We have heard Ms. Kawaljit Kochar, learned counsel for the appellant and Mr. V. Madhukar, learned counsel for the respondent.
(3.) The fascicule of facts, indispensable to comprehend the backdrop of the prosecution, has its origin in the inexplicable
abandonment of the deceased Surjit Kaur and her two daughters
namely; Geet Pahul and Preet Pahul by Dr. Jaspal Singh, their
husband and father respectively, about two years prior to the tragic
end of his three family members as above. The prosecution version is
that Dr. Jaspal Singh, who was initially in the Government service,
had relinquished the same and started a coal factory at Muktsar. He
suffered loss in the business and consequently failed to repay the
loan availed by him in this regard from the bank. As he and his
brother Gurcharan Singh (appellant herein) and others succeeded to
the property left by their predecessors, he started medical practice in
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