MAHENDER Vs. STATE

JUDGEMENT

(1.) THIS appeal was initially filed on behalf of Mahender (appellant No.1) and Satish @ Chuha (appellant No.2). During the pendency of the appeal, Mahender (appellant No.1) passed away and the factum of his death was recorded in the order dated 01.12.2005. As such, insofar as appellant No.1 is concerned, on account of his death, his appeal has abated. The appeal continues in respect of Satish (appellant No.2).

(2.) INITIALLY there were three accused, namely, Mahender, Anand, who is the son of Mahender and Satish. Anand, being a juvenile, was tried separately and counsel for the parties informed us that he was acquitted. Mahender and Satish were, however, convicted by the learned Additional Sessions Judge by his judgment dated 30.01.1993. They were convicted under Section 452/34 and Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as =the IPC'). By a separate order on sentence dated 30.01.1993 both Mahender and Satish were sentenced to two years rigorous imprisonment with fine of Rs 500/- each under Section 452/34 IPC. They were also sentenced to rigorous imprisonment for life and a fine of Rs, 1,000/- each was also imposed on them under Section 302/34 IPC. In default of their paying the fine imposed under Section 452/34 IPC, they were required to undergo simple imprisonment for four months and in default of payment of fine under Section 302/34 IPC, they were required to further undergo simple imprisonment for two years. The sentences were directed to run concurrently.

(3.) PW 13, Head Constable Satbir Singh stated that this statement formed the ruqqa, which was sent from Hindu Rao Hospital at about 1:30 pm through Constable Surender Singh by SI J. K. Sharma as stated by PW14 Inspector Ram Singh, the Investigating Officer of this case. PW13, HC Satbir Singh further stated that at about 2 pm Constable Surender had brought the ruqqa Exhibit PW2/A and on the basis of the said ruqqa he wrote the FIR of this case. Carbon copy of the FIR is Exhibit PW13/A.