SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted in S.L.P (Crl.) No. 1491 of 2005.

(2.) Criminal Appeal No. 345 of 2005 is preferred by Surender Singh (A-1) and Criminal Appeal 74 of 2006 @ S.L.P. (Crl.) No. 1491 of 2005 is preferred by Vikas (A-3). The appellants Surender Singh and Vikas were convicted by the Trial Court along with one accused Dharmender (not before us) for an offence under Section 392 and sentenced to undergo RI for seven years and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo RI for one year. They were also convicted for an offence under Section 394 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo RI for one year. They were further convicted for an offence under Section 397 IPC and sentenced to undergo RI for ten years and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo RI for one year. The appellant Surender Singh was also convicted for an offence under Section 25 of the Arms Act and was sentenced to undergo RI for two years and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo RI for six months. All the sentences, however, were ordered to run concurrently. The High Court, on appeal, preferred by the accused, reduced the sentence to seven years under Sections 394 and 397 IPC albeit without assigning any reasons. The sentence of the appellants under Sections 392 IPC and 25 of the Arms Act were, however, maintained. Aggrieved thereby, the accused-appellants preferred these appeals by special leave.

(3.) Briefly stated the facts are as follows: