LAWS(P&H)-2005-2-46

NARESH Vs. STATE OF HARYANA

Decided On February 08, 2005
NARESH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE above two Criminal Appeals have been filed by the appellants against the judgment and order dated 24/29.10.1996 vide which appellant, Naresh was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- under Section 302 IPC. In default of payment of fine, he was sentenced to undergo further RI for six months. Appellants Suraj Mal, Daya Nand, Jai Parkash and Ramesh were convicted and sentenced to undergo RI for 10 years and to pay a fine of Rs. 1,000/- each under Section 304/149 IPC. In default of payment of fine, the defaulter was sentenced to undergo further RI for six months. All the appellants were also sentenced to undergo RI for one year under Section 148 IPC and RI for three years under Section 450 IPC. However, all the sentences were ordered to run concurrently.

(2.) CRIMINAL Revision No. 107 of 1997 has been filed by the complainant for convicting Suraj Mal, Daya Nand, Jai Parkash, Ramesh and Silak Ram under Section 302/149 IPC along with Naresh. He also claimed compensation to the tune of Rs. 2 lacs as provided under Section 357 Cr.P.C. Both the appeals as well as Criminal Revision are being disposed of by this common judgment as the same have arisen out of the same judgment and order dated 24/29.10.1996 passed by learned trial Court.

(3.) ON 21.7.1995, PW-13 SI Dharam Pal, who was on temporary duty, received a wireless message, Ex. PC, from DCP, New Delhi. Then he went to Police Station, Mukherjee Nagar, Delhi, and collected record of the case related to deceased Ranbir. He went to Village Bhambewa and recorded the statement of Maman Singh, Ex. PE, on the basis of which formal FIR, Ex. PE-2 was recorded.