STATE OF HARYANA Vs. GANESH TIWARI AND ANOTHER

JUDGEMENT

(1.) These are two appeals; one, i.e. CRA No.758-DB, of 2008, has been filed by the State on the ground that the conviction of the respondents (appellants in CRA-S-1826-SB of 2008) should have been under Section 302, read with Section 34 IPC and, accordingly, the punishment should also be enhanced. The second one, (CRA No.S-1826-SB of 2008), has been filed by both the accused against their conviction under Section 304-B read with Section 34 IPC, as a result of which they have been sentenced to undergo rigorous imprisonment for 10 years each ,by the learned Additional Sessions Judge, Faridabad, on 30.07.2008.

(2.) The facts of this case, eventually giving rise to these appeals are hereinafter described.

(3.) However, prior to that, as per record, on 03.12.2006 (possibly in the early hours after 12 mid night), accused Ganesh Tiwari s/o Sindeshwar Tiwari, permanent resident of Village Gurmiya, P.S. Hussaina Raghav, District Vaishali, Bihar and at the time of incident residing at Parvatiya Colony, near Police Station Saran, District Faridabad, aged about 28 years, had stated before the police (aforementioned Head Constable Badan Singh of Police Post Parvatiya Colony Faridabad), that after constructing his own house, he along with his family had been residing at Parvatiya Colony for the last 1 1/2 years; he was an operator of a Lathe Machine in Kalka Engineering Company, Sector 24, Faridabad; his marriage was solemnized with Mamta Devi d/o Ganesh Singh, r/o Husaina Raghav, Police Station Vaishali, District Vaishali, Bihar; and that he had no children. He further stated that at 8.30 am of that day he had gone for his duty at Sector 24, Faridabad, and had come back in the evening at about 5.30 p.m.