PARAMJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by three appellants namely, Paramjeet @ Kala, Vijay @ Dhare and Dhillu @ Ramesh who have been convicted by the learned trial Court.

(2.) Learned counsels for the appellants as well as the learned Additional Advocate General, Haryana have stated that during the pendency of the present appeal, the appellant No.2 i.e. Vijay @ Dhare has died. Consequently, the present appeal qua appellant Vijay @ Dhare stands abated. This appeal was earlier decided by this Court on 3/3/2020 whereby the present appeal was dismissed. Thereafter, one of the appellant had filed SLP (Criminal) before the Hon'ble Supreme Court and on 17/3/2021 the Hon'ble Supreme Court in Criminal Appeal No. 327 of 2021 arising out of SLP (Criminal) No.6846 of 2020 set aside the judgment passed by this Court dtd. 3/3/2020 on the short ground that none had appeared for the appellant and there was no amicus engaged to assist the Court in that behalf and, therefore, the matter was remitted back to this Court for reconsideration of the appeal on merits uninfluenced by the judgment passed by this Court earlier.

(3.) The present appeal has been filed against the judgment dtd. 19/2/2005/22/2/2005 whereby the appellants were convicted to undergo rigorous imprisonment for a period of seven years each and were also directed to pay a fine of Rs.2,000.00 each for the offence punishable under Sec. 392 IPC read with Sec. 398 IPC. In default of payment of fine, the convicts shall further undergo simple imprisonment for a period of six months. So far as the appellant No.2-Vijay is concerned who has now died, he was further ordered to undergo rigorous imprisonment for a period of one year and was also directed to pay a fine of Rs.500.00 for the offence punishable under Sec. 25 of the Arms Act.