FATEH SINGH @ FATTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Fateh Singh @ Fatta, his brother Krishan Kumar and their father Baaj Singh were tried for committing offences punishable under Section 302 read with Section 34 of the Indian Penal Code on the allegations that on 20.4.2005 at about 8.30 p.m. and in the area of village Kuttabadh, they all in furtherance of their common intention committed the murder of Karnail Singh by intentionally causing his death. Vide judgment and order 31.8.2009/2.9.2009, learned Additional Sessions Judge, Sirsa acquitted Krishan Kumar and Baaj Singh of the charges against them. The appellant, namely, Fateh Singh @ Fatta was, however, convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo imprisonment for six months. He was also directed to pay a sum of Rs.50,000/-, as compensation to the legal heirs of deceased Karnail Singh and in default thereof, to undergo further imprisonment for one year.

(2.) Aggrieved of his conviction and sentence, the appellant filed the present appeal. In order to challenge the acquittal of Krishan Kumar, accused, the State of Haryana filed Criminal Appeal D-473-DB of 2010. Complainant Ranjit Singh also preferred Criminal Revision 590 of 2010 for challenging the acquittal of Krishan Kumar and Baaj Singh of the charges against them and for enhancement of the sentence of Fateh Singh @ Fatta and grant of adequate compensation.

(3.) As the two appeals and the revision petition arise out of the impugned judgment passed by the learned trial Court, they are being decided by a common judgment.