- (1.) Through the instant order, we propose to dispose of Criminal Appeal No.610-DB of 2005 (filed by the accused/appellants Pritam Singh and Gurjant Singh) and Criminal Revision No.1995 of 2005 (filed by the complainant).
(2.) Criminal Appeal No.610-DB of 2005 has been filed by the accused/appellants Pritam Singh and Gurjant Singh so as to impugn the judgement rendered by the Additional Sessions Judge, Amritsar, in Sessions Case No.71 of 2003, decided on 19.7.2005. Both the accused/appellants Pritam Singh and Gurjant Singh were held guilty of the charge under Section 302 of the Indian Penal Code and convicted thereunder. It would be pertinent to mention, that Suba Singh, a co-accused with the accused/appellants Pritam Singh and Gurjant Singh, was acquitted by giving him the benefit of doubt. By a separate order passed on the same date i.e. on 19.7.2005, both the accused/appellants Pritam Singh and Gurjant Singh were sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code, and also, to undergo imprisonment for life under Section 449 of the Indian Penal Code, and to pay a fine of Rs.500/-each. In default of payment of fine, the accused/appellants Pritam Singh and Gurjant Singh were ordered to undergo further rigorous imprisonment for three months. In addition to the aforesaid, the accused/appellant Gurjant Singh was also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-, under Section 25 of the Indian Arms Act, 1959. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for five months. The trial Court also directed that all the substantive sentences awarded to the accused/appellants Pritam Singh and Gurjant Singh would run concurrently.
(3.) The prosecution version of the incident is based on the statement of Satnam Singh PW3, which he made to SI Azad Davinder Singh PW9, on 7.7.2003. It would be pertinent to mention, that Satnam Singh PW3 in his aforesaid statement asserted, that he was a resident of village Chak Kamal Khan in Tehsil Ajnala, where he was engaged in agriculture. He stated that his father was a member of a family comprising of five brothers, out of them, the youngest one was Balkar Singh.;