ALLAUDIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 02.12.2009 and order of sentence dated 04.12.2009, passed by the Additional Sessions Judge, Gurgaon, vide which the accused/appellants were convicted for the offence punishable under Section 412 of the Indian Penal Code (hereinafter called as 'IPC') and sentenced them to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/- each or in default of payment thereof, to further undergo RI for a period of two years. The accused/appellants were acquitted of the charges framed against them under Sections 395, 397 IPC and Section 25 of Arms Act. The brief facts as set out in para No. 2 of the judgment of trial Court, is reproduced as under:-

(2.) On commitment, the accused were charge sheeted under Sections 395, 397, 412 IPC and Section 25 of Arms Act to which the accused/appellant pleaded not guilty and claimed trial.

(3.) In support of the case of prosecution, it examined P.W. 1 SI Hukam Singh; P.W. 2 ASI Subhash Chand; P.W. 3 Raj Kumar Kharbanda; P.W. 4 Lalit Kharbanda; P.W. 5 Complainant Anshu Kharbanda; P.W. 6 Seema Kharbanda; P.W. 7 SI Parmod Anand; P.W. 8 ASI Rajender Singh; P.W. 9 Om Parkash; P.W. 10 Akshra; P.W. 11 Pankaj Juneja; P.W. 12 Vijay Sandhuja; P.W. 13 Constable Baljinder Singh; P.W. 14 Inspector/SHO Devender Kumar; P.W. 15 Dr. Jyoti Utkar; P.W. 16 Girish Kumar, Draftsman; P.W. 17 HC Harish Kumar; P.W. 18 Constable Balram; P.W. 19 Constable Sukhvinder Singh; P.W. 20 Inspector Ashok Kumar; P.W. 21 HC Virender Singh; P.W. 22 Rajpal and P.W. 23 ASI Yashvir Singh.