SANDEEP @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sandeep @ Bablu, Nawab, Surender, Sandeep @ Kala, Narender @ Chhotu and Vipin @ Pappan were tried for committing offences punishable under Sections 395 read with 397, 341 and 412 IPC. Sandeep @ Bablu and Sandeep @ Kala were also tried for committing the offence punishable under Section 25 of the Arms Act. During the trial of the case, Vipin @ Pappan absconded and was declared a proclaimed offender. Vide judgment of conviction and order of sentence dated 23.3.2011 passed by the Additional Sessions Judge (Adhoc) Fast Track Court, Sonipat, Narender @ Chhotu was acquitted of the charges against him. The remaining four accused were convicted under Section 395 read with Section 397 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for three months. They were also convicted under Section 341 IPC and sentenced to undergo rigorous imprisonment for one month each. Besides, Sandeep @ Bablu and Sandeep @ Kala were convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently.

(2.) The period of imprisonment already undergone by the convicts during the course of trial was ordered to be set off against their respective sentences.

(3.) Aggrieved of their conviction and sentences, each of the four convicts has filed separate appeals, in which they are presently on bail. As all the appeals arise out of the same incident and against same judgment of conviction and sentence, they are being disposed of together.