NAWAB SINGH,J - (1.) THIS judgment would dispose of above titled two Criminal Appeals bearing Nos. 718-DB of 2001 and 1449-SB of 2001, as both these appeals relate to one occurrence.
(2.) CRIMINAL Appeal No. 718-DB of 2001 has been filed by Satpaul alias Lala, Mewa Singh and Dhian Singh accused-appellants against the judgment of conviction and order of sentence dated September 12, 2001 passed by learned Additional Sessions Judge, Sangrur, whereby the appellants were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short "IPC") and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each. In default of payment of fine, the appellant(s) were ordered to undergo further rigorous imprisonment for a period of one year and if the amount of fine is recovered, it shall be paid to the next kin of the deceased as compensation. Criminal Appeal No. 1449-SB of 2001 has been filed by Satpaul accused- appellant against the judgment of conviction and order of sentence dated September 12, 2001 passed by Additional Sessions Judge, Sangrur, whereby he was simultaneously convicted for the offence punishable under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of two months. The sentences, passed in both the cases, were directed to run concurrently.
(3.) ON June 21, 1992 at 9 p.m. Dharshan Singh (deceased) and Harmesh Singh (PW-2), brother of the deceased, were present at their house situated at Village Bhattiwal Kalan, Police Station Bhawanigarh, District Sangrur. Satpaul (appellant No. 1) armed with a country made pistol, Mewa Singh (appellant No. 2) armed with a gun, entered the court-yard of the deceased. Mewa Singh, caught hold the deceased by his hairs. Satpaul fired a shot with his country made pistol hitting the left side of the head of Darshan Singh. He died on the spot. Dhian Singh (appellant No. 3) and Ajaib Singh, accused, who has since died, were standing outside the house having wrapped Chaddars around them. They declared that revenge had been taken of murder of Mohinder Singh, their friend. The electric bulb was on. The occurrence was witnessed by Harmesh Singh (PW-2). All the accused then fled away from the spot with their respective weapons.;