RAMBIR AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this appeal, the soundness of the judgment of conviction and order of sentence dated 31.3.2008 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.215-DB/2009 whereby it has partially modified the judgment of conviction and order of sentence passed by the trial court by acquitting two of the accused persons and affirming the conviction and sentence in respect of the present appellants, is challenged.

(2.) The factual narration need not be stated elaborately except the factum that on 14.4.1997 the accused persons along with other persons came and assaulted Daryao Singh, the father of P.W.7, and in the said incident, number of persons were injured. On an FIR being lodged by the informant, the criminal law was set in motion and after due investigation, a charge sheet was laid and eventually all the accused persons were sent up for trial.

(3.) The learned trial Judge convicted the present appellant along with two other accused Om Parkash and Sat Pal for offences punishable under Sec. 302 of Indian Penal Code and many other offences. The present appellants along with Om Parkash and Sat Pal preferred criminal appeal and the High Court analysing the evidence and giving credence to the testimony of eye witnesses affirmed the conviction of the present appellants but acquitted Satpal and Om Parkash on the ground that there was possibility of exaggeration pertaining to the assault on the deceased to rope in the said accused persons in the offence of murder. However, the conviction in respect of other offences was maintained and they were asked to pay compensation of Rs. 50,000.00 each to the victim and to the injured persons in equal share, and in default of payment of compensation, to undergo one year rigorous imprisonment each. Aggrieved by the aforesaid judgment, the present appeal has been filed.