JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, three Criminal Appeals bearing Nos. 602-SB of 1997 preferred by Jitender son of Sureshdev Sharma, 665- SB of 1997 preferred by Shiva Kant son of Ramdarsh Pandey and 788- SB of 1997 preferred by State of Haryana for enhancement of sentence, shall be decided together.

(2.) Shiva Kant and Jitender, were named as accused in case FIR No.345 dated 3.8.1995 registered at Police Station City Panipat, under Sections 363, 366, 376, 506 and 120-B IPC. They were tried by the Court of Additional Sessions Judge, Panipat. Additional Sessions Judge came to the conclusion that Jitender, accused, is liable for the offence under Sections 366 and 506 IPC and Shiva Kant, accused, guilty under Sections 366, 376 and 506 IPC. No conviction of Jitender was recorded for the offence under Section 376 IPC. After recording of the conviction, trial Judge sentenced Shiva Kant under Section 376 IPC to undergo eight years rigorous imprisonment and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo six months rigorous imprisonment. He was further sentenced under Section 366 IPC to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-. In default of payment of fine, to further undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for six months under Section 506 IPC.

(3.) Accused Jitender was sentenced under Section 366 IPC to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-. In default of payment of fine, to further undergo rigorous imprisonment for six months. He was also sentenced under Section 506 IPC to undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently.