LAWS(P&H)-2006-2-359

SUBHASH Vs. STATE OF HARYANA

Decided On February 28, 2006
SUBHASH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This judgment would dispose of Criminal Appeal No.183-DB of 1997, filed by Subhash (appellant) and Criminal Appeal No.193-DB of 1997, filed by Jai Kumar (appellant) and Joginder Singh (deceased-appellant).

(2.) The appellants were tried in case First Information Report No.259 dated October 10, 1991, under Sections 392/ 397/ 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the Code') registered at Police Station Gohana and they were convicted vide impugned judgment dated January 04, 1997 for the offences punishable under Section 392 read with Section 397 of the Code and also under Section 302 read with Section 34 of the Code and vide impugned sentence order dated January 08, 1997, each of them was sentenced to undergo R.I for seven years for the offence under Section 392 read with Section 397 of the Code. Further, each of them was sentenced to undergo imprisonment for life under Section 302 read with Section 34 of the Code for having caused the death of Raghbir Singh and each of them was also ordered to pay Rs.10,000/- as fine and in default of payment of fine to further undergo R.I for two years. Both the substantive sentences were ordered to run concurrently. The amount of fine, if recovered, was ordered to be paid to the legal representatives of deceased Raghbir Singh by way of compensation.

(3.) Joginder Singh (appellant) died during the pendency of the appeal. So, the proceedings against him were abated. The facts of the prosecution case are that on October 09, 1991, P.W.8 Mane Ram along with Raghbir Singh (deceased) had gone to Village Kailana to bring 'Barma' (an instrument for drawing out water) from P.W. Nand Lal. They had gone on a