AJMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) At the very outset, learned counsel for the appellants submitted that Ajmer Singh s/o. Jiwan Singh having expired during the pendency of the appeal before this Court, the appeal qua him stands abated.

(2.) The conviction of the appellants having been upheld by the High Court, the order dated May 10, 2010 is under challenge before this Court. Vide impugned order, the High Court disposed of Criminal Appeal No. 843-SB of 2001 filed by (1) Ajmer Singh son of Jiwan Singh (2) Man Singh son of Ajmer Singh (3) Gurdhyan Singh son of Ajmer Singh (4) Surinder Singh son of Shamsher Singh and (5) Nanak Singh son of Jiwan Singh out of which the appeal qua Ajmer Singh stands abated. The Criminal Revision bearing Nos. 475/2002 and 778/2003 were also disposed of by the same order. The appellants were convicted by the Trial Court under Ss. 148, 323, 325 and 307 read with Sec. 149 of the Indian Penal Code (IPC). They were sentenced to undergo six months rigorous imprisonment under Sec. 148 read with Sec. 149 as well as for Sec. 323 read with Sec. 149, two years under Sec. 325 read with Sec. 149 IPC and seven years under Sec. 307 read with Sec. 149 IPC.

(3.) The High Court vide order dated May 10,2010 dismissed the appeal of the appellants. However, by a subsequent order dated May 28, 2010, sentencing part was modified by the High Court. The reason stated for the said modification was that an interim order dated May 28, 2010, was passed in the said appeal reducing the sentence from seven years to five years under Sec. 307 read with Sec. 149 IPC but the said modification was not incorporated into the detailed judgement.