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Showing contexts for: 326 in Dalbir Singh And Others vs State Of Punjab on 20 January, 2009Matching Fragments
Through this common judgment, we propose to dispose of Criminal Appeal No. 628-DB of 2005( Dalbir Singh and others Vs. State of Punjab) and Criminal Appeal No.184- DB of 2008 (Shinder Singh Vs. State of Punjab). Dalbir Singh etc have filed the present appeal to impugn the judgment/order dated 22.8.2005 in Sessions Case No. 12 of 2004, passed by learned Sessions Judge, Kapurthala, in First Information Report No. 37 dated 27.2.2004, under Sections 148, 302, 302/149, 326, 326/149, 324, 324/149, 449 and 382 of the Indian Penal Code, whereby the appellants- accused were convicted as under:-
Ram
Sr. Name of the convict Offence for Sentence awarded
No. which
convicted
Dalbir Singh, Jarnail 449 I.P.C. Rigorous
Singh alias imprisonment for a
Chaaudhary, Jarnail period of ten years
Singh son of Thoru each and two pay a
Ram Joginder Singh, fine of Rs.2000/-
Bakshish Singh alias each in default of
Chamikala Veer payment of fine to
Singh, Bachittar further undergo RI
Singh and Karnail for one month
Singh son of Thoru each.
2 Ram
Jarnail Singh 302 I.P.C Imprisonment for
Chaaudhary, and life each and to
Veer Singh pay a a fine of
2000/- each, in
default of payment
of fine to further
undergo RI for one
3 month each.
Dalbir Singh, Jarnail 302/149 Imprisonment for
Sing son of Thoru I.P.C. life each and to
Ram, Joginder Singh, pay a a fine of
Bakshish Singh alias 2000/- each, in
Chamikala Veer default of payment
Singh, Bachittar of fine to further
Singh and Karnail undergo RI for one
4 Singh month each.
Jarnial Singh son of 326 I.P.C. Rigorous
Thoru Ram imprisonment for
five years and to
pay a fine of
Rs.2000/-, in
default of payment
of fine to further
undergo RI for one
5 month.
Dalbir Singh, Jarnail 326/149 Rigorous
Sing son of Joginder I.P.C. imprisonment for
Singh, Joginder four years each
Singh, Bakshish and to pay a fine of
Singh alias Rs.1000/-each, in
Chamikala Veer default of payment
Singh alia Gela, of fine to further
Bachittar Singh and undergo RI for one
6 Karnail Singh month each.
Sr. Name of the convict Offence for Sentence awarded
No. which
convicted
Dalbir Singh 324 I.P.C. Rigorous
imprisonment for
two years and to
pay a fine of
Rs.1000/-, in
default of payment
of fine to further
undergo RI for one
7 month.
Jarnail Sing 324/149 Rigorous
Chaudhary, Jarnail I.P.C. imprisonment for
Singh son of Thoru one year each, and
Ram, Joginder Singh, to pay a fine of
Bakshish Singh alias Rs.1000/-each, in
Chamikala Veer default of payment
Singh alia Gela, of fine to further
Bachittar Singh and undergo RI for one
8 Karnail Singh month each.
Jarnail Singh son of 382 I.P.C. Rigorous
Thoru Ram and Imprisonment for
Karnail Singh son of five years each, and
Thoru Ram to pay a fine of
Rs.1000/-each, in
default of payment
of fine to further
undergo RI for one
9 month each.
Bakshish Singh alias 382 I.P.C. Rigorous
Chamikla Imprisonment for
five years each, and
to pay a fine of
Rs.1000/-each, in
default of payment
of fine to further
undergo RI for one
10 month each.
Jarnail Singh 382 I.P.C. Rigorous
Chaudhary Imprisonment for
five years each, and
to pay a fine of
Rs.1000/-each, in
default of payment
of fine to further
undergo RI for one
11 month each
On 27.2.2004, Sub Inspector Sucha Singh along the police party had gone to Vasal Hospital, Jalandhar. Doctor opined that Kulwant Rai is fit to make statement but Nirmal Kumar was unfit to make his statement. Statement of Kulwant Rai was recorded. Kulwant Rai had signed the same in token of its correctness.
After making endorsement, statement was sent to the Police Station, on the basis of which, formal First Information Report was recorded under Sections 148, 302, 302/149, 326, 326/149, 449 and 382 of the Indian Penal Code at Police Station City Kapurthala.
After the completion of investigation, eight accused were challaned. Shinder Singh appellant was declared a proclaimed offender.
After hearing learned Public Prosecutor for the State, defence counsel for the accused and perusing documents on the file, learned trial Court opined that a prima facie case is made out to frame charge under Sections 148, 302, 302/149, 449, 326, 326/149, 324, 324/149 and 382 of the Indian penal Code. Charge was, accordingly, framed to which they did not plead guilty and claimed trial.