DALIP SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, alongwith four others were tried for an offence under Section 364 read with Section 149 IPC on the allegations that on 9.9.1993 at about 9/9.15 PM when Vijender Singh was returning to his village Shyam Kalan, a jeep stopped near him in which 7/8 persons were sitting. All of them put Vijender Singh in their jeep and gave him fist and kick blows and thereafter, took him towards village Badhra. The jeep was stopped near village Jhoju, where they alighted from it and started urinating, besides having some conversation amongst themselves. Vijender Singh came out from the jeep and escaped from the spot.

(2.) Vide judgment dated 15.12.1998, Additional Sessions Judge-II, Bhiwani, acquitted the four co-accused of the appellants. Only the appellants were convicted under Section 364 read with Section 34 IPC and vide order dated 16.12.1998 sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1000/- each and in default of payment of fine, to undergo further rigorous imprisonment for a period of two months.

(3.) Aggrieved of their conviction and sentence, the appellants filed the present appeal in which they were granted concession of bail vide order dated 3.2.1999.