LAWS(P&H)-2012-3-319

BIJENDER SINGH Vs. STATE OF HARYANA

Decided On March 13, 2012
BIJENDER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This criminal appeal has been preferred by Bijender Singh son of Budhi Ram to challenge the judgment of conviction dated 17.10.2007 and order of sentence dated 18.10.2007 passed by Additional Sessions Judge, Faridabad, whereby he was convicted under Sections 302/323/342 IPC and was sentenced to undergo RI for life and to pay a fine of Rs.2,000/-, in default of payment of fine, to further undergo RI for two years under Section 302 IPC and to undergo RI for one year each under Sections 323 and 342 IPC, respectively, in Sessions Case No.34 of 2005, arising out of FIR No. 165 dated 12.7.2005 under Sections 302/323/342/34 IPC, Police Station Sarai Khawaja.

(2.) However, all the substantive sentences were ordered to run concurrently.

(3.) Prosecution story, in brief, is that Ajit Singh, complainant, along with his brother Surjit Kumar, deceased, was tenant in a room of House No. 122-A @ Rs.800/- per month owned by Bijender Singh son of Budhi Ram, situated in Street No.3, Durga Colony, Sehatpur Extension, Faridabad. On 11.7.2005 at about 7.00 PM, he along with his brother Surjit Kumar, was present in his room. Bijender Singh came and demanded rent. Surjit Kumar replied that rent shall be paid within 2-4 days. After threatening, Bijender Singh had left the room. After taking meals, they had slept in the room. On 12.7.2005 at about 5.00 AM, he, along with his brother Surjit Kumar, was present in the room. Then Bijender Singh and his father Budhi Ram came. Surjit Kumar was taken away by them to their room. He (complainant) was bolted inside his room. Surjit Kumar was crying while he was given beatings with danda by Bijender Singh and Budhi Ram.