GULZAR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Court of Additional Sessions Judge, Kurukshetra had tried the Appellants in a case FIR No. 31 dated 31.01.2001 registered at Police Station Sadar Thanesar under Sections 399 and 402 of IPC and Section 25 of the Arms Act, 1959. After conclusion of the trial, the Court vide its impugned judgment dated 26th April, 2002 held the Appellants guilty of an offence punishable under Sections 399 and 402 IPC. Appellants Suba Singh and Rajinder Singh alias Kuka were also held guilty of an offence punishable under Section 25 of the Arms Act, 1959 (hereinafter referred to as, 'the Act'). Vide a separate order dated 27th April, 2002, the trial Court sentenced all the accused Appellants to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/ -each, in default of payment of fine to further undergo rigorous imprisonment for three months under Section 399 IPC. They were further sentenced under Section 402 IPC to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000/ -each, in default of payment of fine to further undergo rigorous imprisonment for two months. Appellants Suba Singh and Rajinder Singh alias Kuka were also sentenced under Section 25 of the Act to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/ -each, in default of payment of fine to further undergo rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently.

(2.) IN the present appeal, conviction recorded and the sentence awarded to the Appellants has been assailed.

(3.) THE above said FIR was investigated and a report under Section 173 Code of Criminal Procedure was submitted.