KANHIYA AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 1654 -SB of 2003, Criminal Appeal No. 302 -SB of 2008 and Criminal Appeal No. 1570 -SB of 2008 as they arise out of the same First Information Report.

(2.) Appellants Kanhiya, Kalu alias Pachpachi, Jiva and Rajinder Singh have filed these appeals against the judgments of conviction and the sentence orders passed by the Court of Session at Kurukshetra whereby they were convicted and sentenced under Sections 342, 459 and 460 read with Section 34 of the Indian Penal Code (for short 'the Code'). It may be mentioned here that appellants Rajinder and Jiva along with their co-accused Bhagtu and Dhuni (non-appellants) absconded and were declared Proclaimed Offenders by the trial Court vide order dated 20.3.2002. In respect of appellants Kanhiya and Kalu alias Pachpachi, the judgment of conviction and the sentence order are dated 4.7.2003 and 7.7.2003, respectively whereas in respect of appellants Jiva and Rajinder Singh the judgment of conviction and the sentence order are dated 21.11.2007 and 22.11.2007, respectively.

(3.) Appellants Kanhiya and Kalu alias Pachpachi, under Section 342 read with Section 34 of the Code were sentenced to undergo rigorous imprisonment for one year; under Section 459 read with Section 34 of the Code, they were sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- each, in default whereof to undergo further rigorous imprisonment for six months and under Section 460 read with Section 34 of the Code, they were sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- and in default thereof to undergo further rigorous imprisonment for six months. All the sentences were ordered to run concurrently.