RAJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Seven accused, namely, Suraj Bhan (A-1), Balraj (A-2), Ram Niwas (A-3), Rajender Singh (A-4), Dharambir (A-5), Sube Singh (A-6) and Sajjan Singh (A-7) were tried by Learned Additional Sessions Judge, Rohtak, in Sessions Case No. 119 of 2002 for committing the murder of Dinesh aged about 20 years.

(2.) By judgment and order dated 6.2.2003, the Learned Trial Judge convicted (A-1), (A-2), (A-3), (A-4), (A-5) and (A-7) under Section 302 read with Section 34 of the Indian Penal Code and Section 342 read with Section 34 of the Indian Penal Code (for short 'IPC') and sentenced each to undergo imprisonment for life and a fine of Rs. 10,000/- each and in default of payment of fine, to undergo rigorous imprisonment for three years and under S. 342/34 IPC, they were sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs. 1.000/- each and in default of payment of fine, to undergo rigorous imprisonment for one month. All the sentences were, however, ordered to run concurrently. Out of fine if realized, 90 per cent thereof was ordered to be paid to the legal representatives of the deceased Dinesh. The Learned Trial Judge acquitted (A-6).

(3.) The accused filed three sets of appeals before the High Court of Punjab and Haryana at Chandigarh. (A-1), (A-4) and (A-5) filed Criminal Appeal No. 194-DB of 2003 whereas Criminal Appeal No. 207-DB of 2003 was filed by (A-2) and Criminal Appeal No. 224-DB of 2003 was filed by (A-3) and (A-7). The High Court by a common judgment and order dated August 16, 2005 modified the judgment of the Trial Court. It upheld the conviction and sentence of (A-1), (A-2), (A-3) and (A-4). It, however, acquitted (A-5) and (A-7).