SURINDER KAUR Vs. STATE

JUDGEMENT

(1.) Surinder Kaur, mother of the deceased-Darshan Singh, has filed the present appeal impugning the judgment dated 29th October, 2011 and order of sentence dated 9th November, 2011 passed by the Additional Sessions Judge in the charge sheet emanating from FIR No. 266/2005, Police Station Nangloi, under Sections 302/34 of the Indian Penal Code, 1860 (IPC, for short).

(2.) By the impugned judgment, the respondent No. 2 Randhir Singh @ Dhira has been convicted under Section 304 Part-I read with Section 326 and 34 IPC and sentenced to Rigorous Imprisonment of five years and fine of Rs.1 lakh. In default of payment of fine, the appellant has to undergo Simple Imprisonment for a period of six months. The other co-accused Jaspal Singh has been convicted under Section 326 read with Section 34 IPC and sentenced to Rigorous Imprisonment for a period of one year and six months. He has also been directed to pay fine of Rs.1 lakh and in default of payment of fine to undergo Simple Imprisonment for six months. The entire fine amount has been directed to be given to Jagjit Kaur, the wife of the deceased as compensation under Section 357 of the Code of Criminal Procedure, 1973.

(3.) At the outset, we record that the State has accepted the judgment and the order on sentence and has not preferred any leave to appeal.