JASBIR SINGH MALIK Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 192 of 1995 seeks to challenge the judgment and order dated 26.9.1990 of the Special Judge in Sessions Case No. 40/ 1994 whereby the learned Judge held appellants, Jasbir Singh Malik and Chhabi Lal Bhardwaj, guilty for the offence punishable under Sections 342 and 304 Part-11, Indian Penal Code read with Section 34, Indian Penal Code while R.S. Yadav was held guilty under Section 218, Indian Penal Code. Further by order dated 30.9.1995 the learned Judge sentenced Jasbir Singh Malik to pay a fine of Rs. 3,50,000.00 under Section 304 Part-11 and Section 342, IFC and in default of payment of fine to undergo RI for two years; Chhabi Lal Bhardwaj was sentenced to pay a fine of Rs. 2,00,000.00 and in default of payment of fine to undergo RI for one year while R.S. Yadav was sentenced to pay a fine ofRs. 20,000/- and in default of payment of fine to undergo RI for six months.

(2.) The facts of the case are that CBI registered a case pursuant to the order of the Supreme Court in W.P. No. 728/91 filed by Smt. Veer Bala, wife of Joginder Kumar, the deceased. In the FIR it was alleged by Veer Bala that:

(3.) Investigation taken up by the CBI resulted in filing of challan wherein it was mentioned that: