GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Murder reference No. 2 of 2010, Criminal Appeal No. 479-DB of 2010 and Criminal Revision No. 2173 of 2010 as the facts and law involved in the aforesaid cases are similar and they also arise from the one and same occurrence.

(2.) The first accused Mandeep in Sessions case No. 29/09 on the file of Additional Sessions Judge,Karnal was convicted for the offence under Section 364 of the Indian Penal Code and was sentenced to undergo seven years rigorous imprisonment and also to pay a fine of Rs. 5000/-; in default to undergo a further period of one year rigorous imprisonment. He was also convicted for the offence under Section 120-B of the Indian Penal Code and was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/-; in default to undergo a further period of six months rigorous imprisonment. Second accused Gurdev Singh, third accused Suresh Kumar and fourth accused Rajinder Singh, fifth accused Satish Kumar and sixth accused Baru Ram in the same Sessions case were convicted under Section 302 of the Indian Penal Code and were awarded death sentence each. They were also convicted for the offence under Section 364 IPC and were sentenced to undergo seven years rigorous imprisonment each and to pay a fine of Rs. 5000/- each and in default to undergo a further period of one year rigorous imprisonment each. They were also convicted for the offence under Section 120-B of the Indian Penal Code and were sentenced to undergo three years rigorous imprisonment each and to pay a fine of Rs. 5000/- each and in default to undergo a further period of six months rigorous imprisonment each. Accused Ganga Raj in Sessions Case No. 27 of 2009 originated from the very same FIR but based on the supplementary charge sheet filed in that case was convicted for the offence under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default to undergo a further period of two years rigorous imprisonment. He was also directed to compensate mother of the deceased Manoj by name Chanderpati to the tune of Rs. 1,00,000/- under Section 357 of the Code of Criminal Procedure. He was convicted for the offence under Section 364 of the Indian Penal Code and was sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo one year rigorous imprisonment. He was also convicted for the offence under Section 120-B of the Indian Penal Code and was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo six months rigorous imprisonment.

(3.) Having imposed death sentence on the accused 2 to 6 in Sessions Case No. 26 of 2009, the Additional Sessions Judge, Karnal has referred the matter for confirmation. The accused 1 to 6 in Sessions Case No. 26 of 2009 and the accused Ganga Raj in Sessions Case No. 27 of 2009 jointly filed Criminal Appeal No. 479 of 2010 challenging the aforesaid order of conviction and sentence recorded.