Judgment

RANJAN GOGOI, J.

1. The appellant, Prem Singh, along with six others was charged for various offences punishable under the Indian Penal Code (IPC), 1860 and the Arms Act, 1959, including, the offence under Section 302 read with Section 149 IPC. Two of the accused, namely, Satish Kumar and Surinder, were acquitted even prior to the recording of their statements under Section 313 Code of Criminal Procedure (Cr.P.C). The remaining five accused, including the present appellant, were acquitted by the learned Trial Court at the conclusion of the trial by order dated 5.4.1997. Aggrieved, the State had filed an appeal before the High Court of Punjab & Haryana.

The High Court by judgment and order dated 12.5.2008 reversed the acquittal insofar as the present appellant Prem Singh and another accused, i.e., Vishwa Bandhu is concerned. Both the aforesaid accused persons were convicted under Section 302 read with Section 34 IPC and have been sentenced to undergo rigorous imprisonment for life. The appeal of the State in respect of the remaining three accused, namely, Daulat Ram, Ballu and Radhey Shyam was dismissed. Aggrieved by his conviction and the sentence imposed, the appellant, Prem