An appellate court will only suspend a sentence pending appeal if the applicant demonstrates a strong prima facie case for acquittal; routine discrepancies in police documents, such as site plans, do not override the consistent testimony of credible eye witnesses regarding a pre-planned criminal conspiracy.

Vivek Singh Thakur, Judge

These applications, being identical in nature and to be adjudicated on the basis of common facts and evidence available on record as well as similar submissions made by the parties, are being decided together by this common order.

2. Applicants-appellants (Gurpreet Singh, Amreek Singh and Dilpreet Singh), along with co-convict Yashwant Singh, have been convicted under Sections 302 and 120B of the IPC. Co-convict Yashwant Singh has also been convicted under Section 30 of the Arms Act, in addition to his conviction under Sections 302 and 120B of the IPC.

3. Applicants have been awarded sentence to undergo life imprisonment and to pay fine of Rs.30,000/- each and in default of payment of fine to further undergo simple imprisonment for four months each for commission of offence punishable under Section 302 IPC. They have been further sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.10,000/- each and in default of payment of fine to further undergo simple imprisonment for 1½ months each for commission of offence under Section 120B IPC.

4. Prosecution case is that on 01.04.2021, deceased-Vipan Kumar was harvesting crops in the land with the help of migrant labourers, along with his brothers, namely, Gurcharan Singh (PW-7) and Sanjay Kumar (PW-15). Sanjay Kumar (PW-15) had arranged the migrant labourers and brought them to the spot and thereafter left for his home, whereas, after some time, Gurcharan Singh (PW-7), on the direction of Vipan Kumar, left the field on a motorcycle to bring tea from home. At that time, a green-coloured Gypsy bearing registration No.HP 20-6188, driven by appellant convict-Gurpreet Singh, reached the spot, in which co-convict-Yashwant Singh, along with applicants-appellants Dilpreet Singh and Amreek Singh, was also travelling. Yashwant Singh alighted from the vehicle carrying a 12 bore double-barrel gun in his hand and loudly proclaimed that he would finish Vipan Kumar. Other occupants of the Gypsy also came out of the vehicle and asserted that they were owners of the land in question and asked Yashwant Singh to kill Vipan Kumar, whereupon Yashwant Singh @ Bittu fired at Vipan Kumar with his gun, which hit him on left side of his chest, resulting in his death.

5. Accused persons, namely, Yashwant Singh, Dilpreet Singh, Amreek Singh and Gurpreet Singh, also threatened the labourers present at the spot, warning them that they would also be killed, due to which they fled towards the Swan River.

6. At the time of the aforesaid incident, Gurdial Singh (PW-1), along with his cousin Satnam Singh (PW-3), was present in their field adjoining the field where deceased-Vipan Kumar was harvesting the wheat crop.

7. Information regarding the incident was conveyed by Satnam Singh (PW-3) to Sanjay Kumar (PW-15), brother of deceased-Vipan Kumar, on his mobile phone. By that time Gurcharan Singh (PW-7) also reached the spot, deceased-Vipan Kumar had already succumbed to his injuries.

8. These applications have been filed by the applicants-appellants for suspension of sentence on the ground that their conviction is based upon vague and inconsistent evidence, and solely on the basis of mutually contradictory testimonies of prosecution witnesses, as the Trial Court has