- (1.) This order will dispose of two appeals, i.e., Criminal Appeal No. 667-DB of 2008, filed by Sukhwinder Singh alias Kaka and Criminal Appeal No. 876-DB of 2008, filed by Manmeet Singh alias Kaka as both these appeals arise from a judgment and order dated September 5, 2008, passed by the Additional Sessions Judge, Ludhiana, vide which appellant Sukhwinder Singh was convicted for commission of an offence under Section 302 IPC and Section 25 of the Arms Act, 1959. Manmeet Singh, appellant, was held guilty and convicted under Section 302 IPC with the aid of Section 34 IPC.
(2.) Following sentences were imposed upon them: "Accused Sukhwinder Singh:- U/S 302 IPC:- to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine he is to further undergo rigorous imprisonment for six months. U/S 25 Arms Act:- to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- and in default of payment of fine he is to further undergo rigorous imprisonment for one month. Accused Manmeet Singh U/S 302/34 IPC :- to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine he is to further ordered to undergo rigorous imprisonment for six months. The period of sentence already undergone during investigation and trial shall be set off against the substantive sentences."
(3.) Hence these appeals. It was allegation against the appellants that in the intervening night of 29 th / 30 th October, 2004, they with a common intention committed murder of Sukhdev Singh by causing him a fire-arm injury. Process of law was set in motion on a statement Ex. PD made by Ajaib Singh (PW2) (father of the deceased) at 12.30 PM on October 30, 2004. On the basis of above statement, a DDR No. 18 was recorded in Police Station Jagraon on October 30, 2004, at 1.15 PM. After verification, FIR Ex. PD/2 was recorded against the appellants on October 30, 2004, at 7 PM. Statement of Ajaib Singh (PW2) was recorded by SI Gulzar Singh (PW11).;