AMAR DUTT, J. - (1.) APPELLANT -Piara Singh is aggrieved by the conviction and sentence, which has been recorded against him by the Sessions Judge, Amritsar vide his judgment dated 25.2.2002 has filed the present appeal.
(2.) BRIEFLY stated, appellant-Piara Singh was tried by the Sessions Judge, Amritsar for having intentionally and knowingly caused the death of Pritam Dass and Pishori Lal. On account of this, following two charges were framed against him :- "That you on or about 3/4-8-1998 in the area of Bus Stand Dhota did commit murder by intentionally and knowingly causing death of Pritam Dass and thereby committed an offence punishable under Section 302 of the Indian Penal Code and within the cognizance of the Court of Sessions. Secondly, on the same date, time and place, you inflicted injuries on the person of Pishori Lal as a result of which he died on 9.8.1998 and as such you intentionally and knowingly caused death of aforesaid Pishori Lal and thereby committed an offence punishable under Section 302 of the Indian Penal Code and within the cognizance of the Court of Sessions." Before the trial Court, the prosecution had examined thirteen witnesses and after recording the explanation offered by appellant-Piara Singh in relation to incriminating circumstances appearing in the prosecution evidence against him and affording him an opportunity of leading evidence in defence, the Sessions Judge, Amritsar had come to the following conclusion :- "The net result of my aforesaid discussion is that the prosecution has undoubtedly proved that accused aforesaid had inflicted the injuries on the persons of Pritam Dass and Pishori Lal, when, they were sleeping outside their shop in the night with the intention of causing their death. The accused is, accordingly, convicted under Section 302 of the Indian Penal Code."
(3.) AFTER this, the appellant was heard on the question of sentence and the following order had been passed by the trial Court :- "After having convicted the accused, aforesaid, under Section 302 of the Indian Penal Code, I have heard him, his counsel and the Public Prosecutor for the State as regards the sentence to be inflicted upon him. It has been prayed that he may be dealt with leniency stating that accused is an old person. Keeping into consideration the totality of the facts on the file, I sentence accused Piara Singh to undergo imprisonment for life and to pay a fine of Rs. 1000/- under Section 302 of the Indian Penal Code. In default of payment of fine, he will further undergo rigorous imprisonment for a period of six months. File is ordered to be consigned to records." ;