HARI GUNGA AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRA -S -1411 -SB of 2009 and CRA -S -1621 -SB of 2009 are being disposed of by a common judgment as both these appeals arise out of the same judgment of the trial Court in FIR No. 118 dated 25.05.2006 under Sections 458, 459, 380, 382, 386, 392, 394, 395 and 397 of Indian Penal Code (IPC) and Section 25 of the Arms Act, registered at Police Station Indri.

(2.) SEVEN persons faced joint trial of the charges under Sections 458, 459, 460, 395 read with Section 397 and 380 IPC. Except for the appellants, namely; Hari Gunga and Gandhi, who have preferred these appeals, rest of the accused persons, namely; Bittu, Parmod, Satbir, Kuldip Singh and Nitti @ Pandit absented during trial and declared the proclaimed offenders. The appellants were convicted of the charges under Sections 458, 460, 395, 397 read with Section 149 IPC and they were sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 10,000/ - each under Section 458 IPC and in default of payment of fine to further undergo rigorous imprisonment for six months. They were also awarded similar sentences for offence under Sections 460 and 395/397 read with Section 149 IPC. All the sentences were to run concurrently.

(3.) THE prosecution was launched on the statement of Rajinder Dass, one of the injured in the incident. The family of Rajinder Dass was present in the dera situated in village Garhi Labkari. There is a temple known as Dera Milk Aapo -Aap, which owns about 42 acres of land. Rajinder Dass, the complainant are six brothers and their father Pritam Dass was the incumbent Mahant of the dera. On the intervening night of 24/25.5.2006, the complainant was sleeping in the room of the dera whereas his elder brother Radhey Sham and their servant Sher Singh were sleeping outside. Sumitra wife of Radhey Sham, Kamla Rani mother of the complainant and Pritam Dass their father were also present in the house.