- (1.)Leave granted in Special Leave Petition (Criminal) No.4071 of 2013.
(2.)By these appeals, the two appellant challenge the veracity of the judgment of the High Court dated 13.12.2012 whereby the High Court has dismissed their appeals which were preferred against the judgment dated 25.09.2008 and order of sentence dated 27.09.2008 passed by the Sessions Judge, Kapurthala, Punjab. The Sessions Judge had, by the aforesaid judgment, convicted the appellants under Section 302, 397 as well as Section 307 IPC read with Section 34 IPC. For the offence under Section 302 IPC, both the appellants were given the sentence of rigorous imprisonment of life and fine of Rs.50,000/- each and in default of payment of fine, they have to undergo further rigorous imprisonment for two years. For conviction under Section 307 IPC read with Section 34 IPC, sentence of 10 years rigorous imprisonment and fine of Rs.25,000/- is imposed and in default of payment of fine, they have to undergo further rigorous imprisonment for one year. Likewise, for offences under Section 397 IPC, rigorous imprisonment for a period of 10 years is imposed. All these sentences were ordered to run concurrently.
(3.)The prosecution case, as contained in the chargesheet presented in the trial court, runs as under:
One Naveen Sharma reported the matter to the Police, on the basis of which FIR was registered, that on 25.03.1999 at about 5:00 p.m., he had gone to Bank of Punjab on scooter No.PB-08-5477. Varun Kumar alias Kaka was accompanying him though he was driving his own scooter LML Vespa. Both of them reached the Bank and withdrew a sum of Rs.4 lakhs from the Bank. Varun Kumar placed the bag containing money in front of scooter and they started coming back to their office which is at Gandhi Chowk, Phagwara. Varun Kumar was ahead of Naveen Sharma. When they reached at Chadha Market at about 5.30 p.m., one black colour scooter came from their backside on which two sikh gentlemen with trimmed beard, one was tall in height and other was of middle height, both of them wearing pants and shirts, started firing with pistol on Varun Kumar which hit him and Varun Kumar fell down from the scooter. The person sitting on the pillion of scooter, snatched the money bag from Varun Kumar which was also having one cheque book and they turned back their scooter. Then Kamaljit Singh tried to stop them but out of whom one sikh gentleman, who was sitting on the pillion, fired with pistol on Kamaljit Singh and he fell down. Both unidentified persons ran away on scooter with the money bag. Complainant Naveen Kumar and other persons arranged the vehicle and sent Varun Kumar and Kamaljit Singh to Civil Hospital, Phagwara. When the complainant was going to police station to report the matter, the police party met him and his statement was got recorded by ASI Iqbal Singh (Investigating Officer), Police Station City Bhagwara at 6.00 p.m. on the same day. Ruqa was sent to the police station on the basis of which FIR was registered. Then Investigating Officer alongwith complainant and police party went to Chadha Market, City Phagwara and saw the dead body of Varun Kumar and one injured Kamaljit Singh at the spot. The injured was sent to Civil Hospital, Phagwara. Inquest proceedings were prepared and the dead body of Varun Kumar was sent for postmortem examination. Blood stained earth was lifted from the spot and the same was taken into police possession after preparing a sealed parcel. Vespa scooter lying at the spot was also taken into police possession. As can be seen from the aforesaid statement of Naveen Sharma, the two perpetrators of the aforesaid crime were sikh gentlemen but unknown to the complainant or other persons. The Police tried to trace the culprits but was unsuccessful for number of years.