MOHAMMAD MONTU @ RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 2021 SB of 2011 titled as Mohammad Montu @ Rajesh versus State of Haryana and Criminal Appeal No. 1529 SB of 2010 titled as Santosh versus State of Haryana preferred by the accused praying for their acquittal. Since both these appeals have arisen out of the same FIR, therefore, these are being disposed of together in order to avoid any repetition. For convenience, facts are being taken from Criminal Appeal No. S. 2021 SB of 2003 titled as Mohammad Montu @ Rajesh versus State of Haryana.

(2.) MOHAMMAD Montu alias Rajesh -appellant has directed the Criminal Appeal No.2021 SB of 2011 against the judgment dated 7.6.2011 and order dated 8.06.2011 passed by Shri R.S.Virk, the then learned Sessions Judge, Gurgaon vide which he had been convicted under Section 489 -C of the Indian Penal Code ( in short - the IPC ), and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.50,000/ - in default of payment of fine amount to further undergo rigorous imprisonment for a period of one and half years.

(3.) SANTOSH -appellant has directed the Criminal Appeal No.1529 SB of 2010 against the judgment and order dated 26.03.2010 passed by Shri Ramendra Jain, the then learned Sessions Judge, Gurgaon vide which he stood convicted under Section 489 -C of the Indian Penal Code ( in short - the IPC ), and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.50,000/ - in default of payment of fine amount to further undergo rigorous imprisonment for a period of two years.