SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of two appeals bearing Crl. Appeal Nos. 388-SB and 305-SB of 1993 as these appeals arise from the same order of conviction dated August 5, 1993. The appellants were convicted for the following charges : Name U/s Sentence Satbir 363 IPC To undergo RI for a period of 3 years and to pay a fine of Rs. 50/- and in default of payment of fine to further undergo RI for a period of one month. 366 IPC To undergo RI for a period of 4 years and to pay a fine of Rs. 50/- and in default of payment of fine to further undergo RI for a period of two months. 376-G To undergo RI for a period of 5 years and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo RI for a period of six months. 342/34 IPC To undergo RI for six months. 506/34 IPC To undergo RI for six months. Ram Kishan 376-G IPC To undergo RI for a period of 5 years and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo RI for a period of six months. 342/34 IPC To undergo RI for six months. 506/34 IPC To undergo RI for six months. All the sentence were ordered to run concurrently.

(2.) RAM Krishan was produced by Ram Lal and his wife. He was also got medico- legally examined. Sealed packets were sent to F.S.L. Madhuban for chemical examination. After completion of investigation, charge-sheet was produced in the Court for trial of the accused. Vide commitment order dated November 16, 1992, case against the appellants was sent to Sessions Judge, Jind for trial. After supplying him the report under Section 173(5) Cr.P.C. alongwith all documents and providing them separate legal aid, the appellant Satbir was charged under Sections 363, 366, 376-G, 342, 506 read with Section 34 IPC, whereas appellant Ram Kishan was charged under Sections 376(g), 342, 506 read with Section 34 IPC. Both the accused pleaded not guilty and claimed trial.

(3.) ENTIRE incriminating material appearing against the accused were put to them. Satbir Singh stated that a few days before the alleged occurrence, he had a quarrel with Ram Kumar, father of the prosecutrix. As a sequel of same, he had been falsely implicated in the case. Ram Kishan stated that he was innocent having no connection with Satbir and pleaded false implication. The trial Court after appreciation of evidence in considering the prosecution held the appellants liable for conviction and sentenced the appellants as mentioned hereinabove.