RAJESH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) FIR No.180 dated 21.10.1997 under Section 148, 323, 324, 325,149 IPC, has been registered at Police Station -Salhawas, against respondent Nos.2 to 7 on the complaint of the appellant. However, the challan was presented against respondent Nos. 2 to 6 only. Later on, respondent No.7 was summoned under Section 319 Cr.P.C to face trial along with other accused by the trial Court. However, he did not appear before the trial Court and was declared as an Proclaimed Offender vide its order dated 17.01.2005.

(2.) The Judicial Magistrate Ist Class,Jhajjar vide judgment dated 06.11.2006 convicted the respondents under Sections 148/323/324 read with Section 149 of Indian Penal Code and sentenced them to undergo rigorous imprisonment for six months and fine of Rs. 200/- imposed on each of the accused for the commission of the offence under Section 148 IPC. In case of nonpayment of fine, the accused were ordered to further undergo rigorous imprisonment for seven days. The accused were also sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 200/- was imposed on each of the accused for the commission of the offence under Section 323 read with Section 149 IPC and in case of non-payment of fine, the accused were ordered to further undergo rigorous imprisonment for seven days. The accused were also punished to undergo rigorous imprisonment for one year and fine of Rs. 500/- was imposed on each of the accused for the commission of the offence, under Section 324 read with Section 149 IPC and in case of non-payment of fine, the accused were further ordered to undergo rigorous imprisonment for fifteen days. All the substantive sentence were ordered to run concurrently.

(3.) It may also be noticed that fine as imposed by the trial Court was paid by the respondents. On appeal filed by all the accused (except Roop Singh-respondent No.7), the Additional Sessions Judge, Jhajjar, maintained the conviction of the respondents-accused, however, granted them the benefit of probation of Offender's Act and Section 360 Cr.P.C. The relevant part of the judgment of Additional Sessions Judge, Jhajjar, reads thus:-