ROHTAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, three appeals bearing CRA-S- 2575-SB-2009 (Rohtas Vs. State of Haryana); CRA-S-41-SB-2010 (Khushi Ram @ Kallu Vs. State of Haryana) and CRA-S-520-SB-2014 (Joginder @ Jaggu Vs. State of Haryana) are being disposed of as these arise out of the same judgment of the trial Court in FIR No. 279 dated 11.11.2007 under Sections 332/353/307 read with Section 34 of the Indian Penal Code (IPC) and Section 25 of the Arms Act Police Station Kalanaur, District Rohtak. For brevity, the facts are being extracted from CRA-S-2575-SB-2009.

(2.) It may be stated that Sanjay @ Yogesh S/o Chander Bhan was the co-accused in the same FIR who also stood convicted and sentenced by the trial Court filed CRA-S-2910-SB-2009. His appeal was dismissed by this Court on 21.11.2011. It was observed by this Court in the order dated 21.11.2011 that once the appellant has served out the entire sentence of imprisonment and also deposited the amount of fine imposed upon him, the very purpose of filing the appeal stands frustrated.

(3.) Charges were framed against the appellants under 5 heads as per amended charge-sheet. The first charge is that on 11.11.2007, the appellants voluntarily caused hurt to PWs SI Ram Kishan and HC Jai Kishan, public servants in the discharge of their duties and committed offence punishable under Section 332 read with Section 34 IPC. The second charge is for assaulting these public servants in the performance of their duties for offence under Section 353 read with Section 34 IPC.