PURAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 1505 SB of 2003 titled as Puran Chand and others versus State of Haryana filed by the accused for acquittal whereas Criminal Revision No. 31 of 2004 titled as Ram Phal versus State of Haryana and others preferred by the complainant/revisionist for enhancement of the sentence. Since both these appeal and revision petition have arisen out of the same incident, judgment and order, therefore, these are being disposed of together in order to avoid any repetition. For convenience, facts are being taken from Criminal Appeal No. S. 1505 SB of 2003 titled as Puran Chand and others versus State of Haryana.

(2.) APPELLANTS - Puran Chand and others have directed the present appeal against the judgment and order dated 04.08.2003 passed by Shri Virendra Singh, learned Additional Sessions Judge, Jind vide which accused/appellant Puran Chand, Kali Ram and Raghbir Singh @ Bhira have been convicted under Section 308 read with Section 34 of the of the Indian Penal Code ( in short - the IPC ) and 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/each for offence under Section 308 read with Section 34 of the IPC and the accused/appellants were further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/ - each for an offence under Section 27 of the Arms Act. Both the sentences were however, ordered to run concurrently. However, the remaining accused were acquitted from the charges levelled against them by giving them benefit of doubt.

(3.) THE accused were sent by the Station House Officer to stand their trial for an offence punishable under Sections 148, 307, 323 read with Section 149 and 506 IPC and Section 27 of the Arms Act.