RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of learned Single Judge of the Punjab and Haryana High Court dismissing the appeals filed by the appellants. Learned Additional Sessions Judge, Gurgaon had convicted the appellants and one Dharam Singh for offence punishable under Section 304 Part I read with Section 34 of the Indian Penal Code, 1860 (in short IPC). They were also convicted for offence punishable under Section 325 read with Section 34 IPC as well as Section 323 read with Section 34 IPC. They were sentenced to undergo RI for ten years and to pay a fine of Rs. 2,000/-; in default of payment of fine they were directed to undergo RI for six months for the first named offence. They were further sentenced to undergo RI for two years and six months respectively for other two offences. Fine of Rs. 500/- with default stipulation was imposed. Two other accused persons, namely, Vijay Singh and Rattan Singh were released on probation for a period of two years under Section 4 of the Probation of Offenders Act, 1958 (in short Probation Act) in respect of their conviction under Section 323 IPC. Accused Vijay Singh died on 22.5.1992.

(3.) Accused Raj Pal, Bir Singh and Chhater Pal question their conviction and sentences imposed. The factual background in a nutshell is as follows:-