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Showing contexts for: 459 ipc in Crl.A.No.385-Sb Of 2001 (O&M) vs The State Of Punjab on 3 April, 2014Matching Fragments
Appellant- Gurpreet Singh Offence Sentence (R.I.) Fine In Default (RI) 307, IPC 7 years ` 1000/- 3 months 459, IPC 7 years ` 1000/- 3 months 27, Arms Act 3 years ` 500/- 3 months Appellant -Darshan Singh Offence Sentence (R.I.) Fine In Default (RI) 307/34, IPC 5 years ` 1000/- 3 months 459/34, IPC 7 years ` 1000/- 3 months 27, Arms Act 3 years ` 500/- 3 months
6. After completion of the investigation, the police file was handed over to the Station House Officer, Inspector Jagmohan Singh, for presentation of the charge sheet (report under Section 173, Cr.P.C.) for prosecution of Gurpreet Singh @ Gopi, Charanjit Singh @ Charna, Baldev Singh @ Veera Singh and Baljinder Singh @ Raja while Darshan Singh (appellant) was placed in the column of innocent persons, since he was found innocent during the investigation. Copies of the charge-sheet (report under Section 173, Cr.P.C.) and the documents enclosed therewith were supplied to each of the accused free of cost, as enshrined in Section 207, Cr.P.C. Since Sections 307 and 459, IPC, were exclusively triable by the Court of Session, therefore, the case was committed to the said Court for trial in accordance with law. Appellant Gurpreet Singh and his co-accused, Charanjit Singh @ Charna, Baldev Singh @ Veera and Baljinder Singh were charge-sheeted for the offences punishable under Sections 307 and 459 read with Section 34, IPC while Gurpreet Singh (appellant) was further charged for the offence punishable under Section 27 of the Arms Act, to which they pleaded not guilty and claimed trial.
7. After leading some of the prosecution evidence, appellant Darshan Singh was summoned in terms of Section 319, Cr.P.C., to face trial with the principal accused and, thereafter, the charges were again framed on 15.03.1999, whereby Gurpreet Singh and Darshan Singh appellants alongwith their co-accused Charanjit Singh @ Charna, Baldev Singh @ Veera Singh and Baljinder Singh @ Raja were charge-sheeted for the offences punishable under Sections 148, 307, 459 read with Section 149, IPC, and Gurpreet Singh appellant was further charged for the offence under Section 27 of the Arms Act, to which they pleaded not guilty and claimed trial.
13. After hearing the learned counsel for the parties, the learned trial court held Gurpreet Singh and Darshan Singh (appellants) guilty for the offences punishable under Sections 307 and 459, IPC; and Section 27 of the Arms Act and ordered them to undergo the sentences as has been discussed in the initial part of the judgment. However, accused Charanjit Singh @ Charna, Baldev Singh @ Beera and Baljinder Singh @ Raja were acquitted of the charges levelled against them.