DALEL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No. 109 dated 22.3.1982 was recorded against the petitioners and three other persons namely Bhim Singh, Sultan Singh and Malkhan Singh. Trial Court, vide judgment and order dated 7.9.1990 and 10.9.1990 respectively, found the petitioners and Bhim Singh guilty for commisison of offences punishable under Sections 326, 325 and 323 read with Section 34 IPC. Sultan Singh and Malkhan Singh were found guilty for commission of offences punishable under Sections 325, 324/34 IPC. They were accordingly convicted. Petitioners and Bhim Singh were sentenced to undergo RI for two years and to pay a fine of Rs. 300/- each. For non-payment of fine, they were to further undergo RI for one month. Lesser sentence was awarded to them for commission of offences punishable under Sections 325 and 323. However, Sultan Singh and Malkhan Singh, co-accused, were ordered to be released on probation, on their furnishing surety bonds, for a period of six months.

(2.) PETITIONERS alongwith Bhim Singh filed appeal against their conviction and sentence, as referred to above. Appellate Court below acquitted Bhim Singh, however, qua the petitioners, conviction and sentence was upheld and their appeal was dismissed on 6.5.1993.

(3.) DURING investigation, Ishar and Dhan Singh were found innocent, however, all other five persons named above were prima facie found guilty and final report was submitted against them in Court for trial. Trial Court charge- sheeted them, to which they pleaded not guilty and claimed trial. Prosecution then led evidence and on completion of prosecution evidence their statements were recorded under Section 313 Cr.P.C., wherein they denied all the allegations appearing againt them and claimed false implication. No evidence was led in defence. Trial Court, on appraisal of evidence, found them guilty, convicted and sentenced them as found mentioned in para 1 of this order.