GODHA SINGH @ BASANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Godha Singh @ Basant Singh was convicted under Section 307 I.P.C, while Sampuran Singh was convicted under Section 307/34 I.P.C. Besides that both of them were also convicted under Sections 324/34 and 323/34 I.P.C by the learned Additional Sessions Judge, Hisar, vide judgment dated 28.1.1991. in the case bearing F.I.R. No. 109 dated 28.7.1989 under Sections 307/323 324/34 I.P.C pertaining to P.S Jakhal.

(2.) Accused Godha Singh @ Basant Singh was sentenced to undergo R.I for 6 years and to pay fine of Rs. 5,000/- under Section 307 I.P.C, while accused Sampuran Singh was sentenced to undergo 3-1/2 years and to pay fine of Rs. 2,000/- for the offence under Section 307/34 I.P.C. Both of them were also sentenced to undergo R.I for 1 year for the offence under Section 324/34 I.P.C and R.I for 6 months for the offence under Section 323/34 I.P.C, vide order dated 28.1.1991, passed by the learned Additional Sessions Judge. It was further directed that in default of payment of fine Godhana Basant Singh shall undergo further RI for 2 years, while Sampuran Singh shall undergo further R.I for 1 year. All the substantive sentences were ordered to run concurrently. It was further directed that out of the, total amount of fine, if realized, a sum of Rs. 6,000/- shall be paid to Norang Singh, injured, as compensation. Aggrieved against the aforesaid judgment and order of the learned Additional Sessions Judge, accused Godha Singh @ Basant Singh and Sampuran Singh have filled Criminal Appeal No. 47-SB of 1991 in this court, whereas Norang Singh and others (complainant side) have filed Criminal Revision No. 448 of 1992, seeking enhancement of the sentence awarded to accused Godha Singh @ Basant Singh and Sampuran Singh. This revision petition was ordered to be heard alongwith appeal filed by the accused.

(3.) Since both the cases arise out of same judgment order of the learned Addl. Session Judge, both the cases are being disposed of together.