ROHTAS AND TWO ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) BOTH these appeals arise out of common impugned judgment of 9th August, 1999, whereby appellants Rohtas, Narender and Ram Kumar of Crl. A. No. 401/99 and appellant Mahesh Kumar of Cr. A. No. 415/99 have been held guilty by the trial court for the commission of offence under Section 307/34 of the IPC and vide order of 12th August, 1999, the trial court has sentenced these four appellants to undergo RI for period of ten years each and to pay a fine of Rupees five thousand each and in default thereof, to undergo SI for a period of three months each. An amount of Rupees fifteen thousand out of the fine, if realized, has been ordered to be paid to injured Balraj.

(2.) BOTH these appeals relate to one incident and so they have been heard together and are being decided together by this common judgment.

(3.) ON the basis of statement of Balbir Singh, father of the injured -Balraj, the law was set into motion in this case and the spot proceedings were conducted by Inspector - Baldev Singh (PW -11). Statement of injured Balraj was recorded and his medical records were collected. The truck in question was seized and statement of witnesses was recorded by the Investigating officer of this case and after completion of investigations, charges for the offence under Section 307/34 of the Indian Penal Code was filed against these four appellants/accused. Trial commenced as these four appellants/accused pleaded not guilty to the charge framed against them for the offence of attempted murder.