RAMU ALIAS DUSHYANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Eight accused, namely Sanjay, Ramu @ Dushyant (appellant herein), Yogesh @ Bablu, Dinesh @ Dinu, Ram Niwas @ Mota, Virender Singh, Dharam Chand and Zile Singh were challaned in case FIR No. 465 dated 22.4.1998 registered at Police Station Sadar Gurgaon under Sections 396, 395, 412, 201 IPC and 25 of the Arms Act. On 14.9.2000, while framing charge, accused Zile Singh was discharged, whereas accused Dharam Chand was tried for the offence under Section 412 IPC and the remaining six accused were tried for the offences under Section 395 read with Section 397 IPC and Section 396 IPC.

(2.) During trial, accused Sanjay absconded and he was declared proclaimed offender.

(3.) Vide judgment dated 24.1.2004, passed by the court of Additional Sessions Judge, Fast Track Court, Gurgaon, five accused, namely Ramu @ Dushyant (appellant herein), Virender Singh, Ram Niwas @ Mota, Dinesh @ Dinu and Yogesh @ Bablu were convicted under Section 395 read with Section 397 IPC and Section 396 IPC, whereas accused Dharam Chand was convicted under Section 412 IPC; and vide order dated 27.1.2004, Ramu @ Dushyant (appellant herein), Virender Singh, Ram Niwas @ Mota, Dinesh @ Dinu and Yogesh @ Bablu were sentenced to undergo rigorous imprisonment for life with fine of Rs. 2,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for one year each under Section 395 read with Section 397 IPC; and to undergo rigorous imprisonment for life with fine of Rs. 2,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for one year each under Section 396 IPC, and accused Dharam Chand was sentenced to undergo rigorous imprisonment for three years with fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for three months under Section 412 IPC. All the sentences were ordered to run concurrently.