RAM NIWAS AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Niwas son of Mewa Singh and Swaran @ Kala son of Sumer Singh have assailed the judgment of conviction dated 05.03.2004 recorded by Sh. M.P.Mehndiratta, the then Sessions Judge, Jind, by way of this appeal.

(2.) The appellants faced the trial for committing offences punishable under Section 398 and 401 of Indian Penal Code ( for short 'IPC')

(3.) After completion of the trial, the learned Sessions Judge, Jind held both the appellants guilty for committing offence punishable under Section 398 IPC whereas no case for the offence punishable under Section 401 IPC was made out and thus they were acquitted for the offence under Section 401 IPC. It was also observed by the then learned Sessions Judge, that there is absolutely no evidence to show that they are habitual of committing theft or robbery or that they belong to any such gang. For offence under Section 398 IPC, both the accused were sentenced to undergo rigorous imprisonment for a period of 7 years each and to pay a fine of Rs. 2,000/- each with default clause.