KULDEEP SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common order shall dispose of two criminal appeals bearing No.453-DB of 2006 titled as "Kuldeep Singh Vs. State of Haryana" and No.529-DB of 2006 titled as "Sukhwinder Singh Vs. State of Haryana" and a Crl. Revision No.2229 of 2006 titled as "Mann Singh Vs. Kuldeep Singh and others", all arising from order of the Additional Sessions Judge, Ambala.

(2.) Five accused namely, Gurinder Singh son of Jit Singh, Jasbir Singh son of Sukhwinder Singh, Jaswinder Singh son of Jasmer Singh, Kuldeep Singh son of Hakam Singh and Sukhwinder Singh son of Ajmer Singh, were tried in a case registered vide FIR No.146 dated 09.09.2001 under Sections 364A, 216, 302, 201, 386 & 120-B of the Indian Penal Code, 1860 (for short 'IPC') at Police Station Naraingarh, District Ambala (Ex.PA/1), by Maan Singh son of Mata Ram (PW1), in which co-accused Gurinder Singh was discharged vide order dated 18.2.2002 as no case under Section 212 IPC was made out, Jasbir Singh was declared juvenile on 28.10.2002, tried before the Juvenile Court at Ambala, convicted on 26.11.2011, has been kept on probation for 3 years, accused Jaswinder Singh is granted pardon under Section 307 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') on 23.7.2004 on the condition that he would make full and true disclosure of entire circumstances, within his knowledge, relating to the crime and was examined as a prosecution witness PW6 whereas vide impugned order dated 15.6.2006, Kuldeep Singh and Sukhwinder Singh were held guilty and convicted under Section 364-A, 302, 201 read with Section 120-B of the IPC and were convicted and sentenced for rigorous imprisonment for life and fine of Rs.1000/- each under Section 120-B IPC. In default of payment of fine to undergo further imprisonment for two months each. Both of them were also sentenced to undergo rigorous imprisonment for life and fine of Rs.1000/- each under Section 364-A read with Section 120-B IPC and in case of default of payment of fine, to undergo further imprisonment for two months each. They were further sentenced to undergo rigorous imprisonment for life and fine of Rs.1000/- under Section 302 read with Section 120-B IPC and in default of payment of fine to undergo further imprisonment of two months each. They were further sentenced to undergo life imprisonment for seven years and fine of Rs.500/- each, under Section 201 read with Section 120-B IPC and in default of payment of fine to undergo further imprisonment of one month each.

(3.) All the sentences of appellants Kuldeep Singh and Sukhwinder Singh were ordered to run concurrently.