HEM RAJ AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal Appeal No.661-DB of 2002 was filed assailing the judgment of conviction dated 07.08.2002 and the order of sentence dated 10.08.2002 vide which five persons, namely, Hem Raj s/o Chatru, Randhir Singh s/o Hem Raj, Jangli s/o Hem Raj , Joginder s/o Ram Singh and Dharampal s/o Ram Singh were convicted for commission of offences punishable under Section 148, 302 read with Section 149, 326 read with Section 149 and Section 323 read with Section 149 of the IPC and were sentenced as under:

(2.) The said CRA-661-DB of 2002 was taken up alongwith CRR No.23 of 2003 preferred by complainant-Chanda Singh as common questions of law and fact were involved in both the cases by a Division Bench of this Court and both were dismissed vide judgment dated 12.05.2011 observing that appellants/accused Hem Raj and Randhir Singh were reported to have died and the appeal qua them stood abated. However, at the instance of Krishan, brother of complainant Chanda Singh, it was later brought to the notice of this Court that accused/appellant Randhir Singh was alive and was at large. Appearance of accused-Randhir Singh was procured by issuing bailable warrants and he was sent to jail. After convict appellant-Randhir Singh was apprehended and it was observed that the factum of his death recorded in the judgment dated 12.05.2011 was incorrect vide order dated 17.02.2014 the appeal filed by him bearing No. CRA-D-661-DB of 2002 was restored to its original number. In presence of appellant-Randhir Singh, Shri D.S. Brar, Advocate was appointed as Amicus Curiae to argue the appeal on his behalf and he was ordered to remain in custody till the decision of the appeal.

(3.) Shri Abhaypal Singh Gill, learned counsel representing the appellant and Mr. Dhruv Dayal, learned Deputy Advocate General, appearing on behalf of State have been heard and with their able assistance the material available on record has been perused.