ANOOP SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 19.11.2003 and order of sentence dated 21.11.2003 rendered by Sh. L.N. Mittal, the then Sessions Judge, Kurukshetra, whereby all the four appellants were held guilty for committing offences punishable under Sections 307/34, 323/34 and 506 IPC. Appellant Anoop Singh was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for offence punishable under Section 307 IPC, whereas, all the remaining three appellants were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for six months for offence punishable under Section 307/34 IPC. All the four appellants were also sentenced to undergo rigorous imprisonment for six months for offence punishable under Section 323/34 IPC and to undergo rigorous imprisonment for one year for offence punishable under Section 506 IPC. All the substantive sentences of each convict were ordered to run concurrently.

(2.) AT the very outset, I would like to make a mention that during the course of hearing of arguments it was brought to the notice of this Court that Multan Singh, appellant had died. A photocopy of the death certificate was already on the file. Even learned Assistant Advocate General, Haryana also did not dispute the factum of death of appellant Multan Singh. Proceedings against him are ordered to be dropped.

(3.) FINDING a prima facie case against the accused for committing offences punishable under Sections 307/34, 323/34 and 506 IPC, the appellants were charge sheeted accordingly.