VINOD DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Learned counsel for the applicant submits that he does not press his appeal for inadequate compensation, however, he be given liberty to make a prayer for compensation in the pending appeals filed by the convicts Ram Niwas, Gopi and Budh Ram (respondents No.2 to 4) respectively. He further submits that acquittal of Rajesh and Raj Bala (respondents No.5 and 6) is improper as it is contrary to evidence and material on record.

(2.) The learned Additional Sessions Judge has held Ram Niwas, Gopi and Budh Ram (respondents No.2 to 4 respectively) guilty for committing the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ("IPC"- for short) for causing the death of Ajeet @ Gajanand in furtherance of their common intention by inflicting multiple bodily injuries to him with their 'dandas'. They have been convicted and sentenced to undergo life imprisonment each, besides, pay a fine of Rs.3,000/- each and in default thereof undergo further imprisonment for 6 months each. Rajesh and Raj Bala (respondents No.5 and 6) have, however been acquitted and against their acquittal, the present appeal is being pressed.

(3.) On the statement Ex.P5 of complainant, FIR Ex.P25 was registered at Police Station Siwani for the offences punishable under Section 302/34 IPC. Investigation was conducted in the case and after completion of investigation, police report was filed in the Court of the learned Sub-Divisional Judicial Magistrate, Siwani. The case was then committed to the Court of learned Sessions Judge, Bhiwani.