JAG PARVESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common order, I intend to dispose of Criminal Appeal No. 883 SB of 2010 filed by Jag Parvesh and Criminal Appeal No. 792 SB of 2010 filed by Ravinder @ Ravi as both these appeals arose out of the same judgment and incident. For convenience, facts are being taken from Criminal Appeal No. 883 SB of 2010.

(2.) THE trial Court vide its judgment dated 23.2.2010 and order dated 24.2.2010 convicted the accused -Appellants under Sections 328 and 411 of the Indian Penal Code (in short - I.P.C.) and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ -under Section 328 IPC each and in default of payment of fine to further undergo rigorous imprisonment for a period of two months each and to further undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ -under Section 411 of the IPC and in default of payment of fine to undergo further rigorous imprisonment for a period of one month each. Both the sentences were ordered to run concurrently.

(3.) IT has been further alleged that during the course of investigation, police got the IMEI number of mobile phone from complainant and get the details of the said mobile set. As per details of IMEI number of Mobile Phone police get clue and arrested the accused. Site plan was prepared and the statements of the witnesses under Section 161 Code of Criminal Procedure was recorded. Accused were arrested. After completion of necessary investigation, challan against the accused was presented in the Court for trial.