RANDHIR NEHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS had filed this appeal against judgment and order dated September 14, 1996, vide which they were convicted for commission of an offence under Section 326 read with Section 34 of the Indian Penal Code (In short IPC) and each of them was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/- each. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of none months. It was also ordered that out of fine, after realization, a sum of Rs. 25,000/- would be paid to the injured Jaswinder Singh alias Jassi after the expiry of period of limitation for filing appeal/revision etc.

(2.) AFTER judgment was reserved in this appeal, learned counsel for the appellants brought it to the notice of the Court that appellants No. 3 Nishan Singh had died on July 10, 2000 in a road accident. Since none of his near relations had moved any application to continue with this appeal, as such appeal qua him stands abated.

(3.) IT is apparent from the records that after recording statement of Gurmeet Singh, formal FIR was registered and subsequent thereto, statement of Sukhdeep Singh was recorded by the Investigating Officer on the same day, wherein he specifically named the two assailants as Darshan Singh and Nishan Singh, appellants No. 2 and 3 respectively. Jaswinder Singh injured was not found fit to make statement. On medical advice, he was shifted to P.G.I. at Chandigarh, where his statement was recorded on August 22, 1991. He also specifically named all the three appellants as the assailants. After completion of investigation, final report was submitted before the Court for trial. On completion of commitment proceedings, trial commenced before the Additional Sessions Judge at Kurukshetra.