CHATTER SINGH @ NANHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the instant appeals, the appellants have challenged the judgment and order dated 14/20.11.2007, passed by the learned Additional Sessions Judge (II), Jind, (hereinafter as 'the trial Court'), whereby all the accused (herein 'the appellants') have been convicted for commission of offence under Section 395 of the Indian Penal Code, (for short, 'the IPC') and sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs. 10,000/- each or in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. Accused appellant, Leela @ Raj Narain, has also been convicted under section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. However, both the sentences of accused Leela @ Raj Narain, have been ordered to run concurrently. The brief facts of the case, as recorded by the learned trial Court in opening para 2 of the impugned judgment, are reproduced as under:-

(2.) Upon presentation of challan, charge under Section 395 IPC was framed against all the accused-appellants and Section 25 of the Arms Act, against Leela @ Raj Narain, to which, they pleaded not guilty and claimed trial. However, as the accused-Kuldeep died on 10.10.2003, therefore, proceedings were dropped qua him.

(3.) In order to substantiate the charges against the accused, the prosecution examined Kuldeep Singh, Additional Ahlmad to JMIC, Hisar, as PW1; Shamsher Singh, Copyist in the Court of SDJM, Hansi, as PW2; HC Dharambir Singh as PW3; Khazan Chand as PW4; Mitter Sain as PW5, Balwan Singh, SIDPO as PW6; SI Prem Chand as PW7; Kuldeep Gupta, Draftsman as PW8; ASI Ved Singh as PW9; SI Sohan Singh as PW10; SI Sadhu Ram as PW11; ASI Mahabir Singh as PW12; SI Jitender Singh as PW13; SI Dalbir Singh as PW14; HC Mahabir Singh as PW15; Constable Vinod Kumar as PW16; ASI Bhim Singh as PW17; and Shri Niwas, Stenographer, District Magistrate, Jind; as PW18. PWs Constable Mahender Singh; Constable Nasib Singh and Constable Rameshwar Dass, were given up as unnecessary.