SHAMIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Shamim along with Naushad and Salim was charged for committing offences punishable under Sections 342, 394 and 397 I.P.C. Shamim and Naushad were also charged for committing offence under Section 25 of the Arms Act. Vide judgment and order dated 18.11.2013, learned Additional Sessions Judge, Panipat, acquitted Salim of the charges against him. Shamim and Naushad were also acquitted under Section 397 I.P.C. and Section 25 of the Arms Act. However, they were convicted under Section 394 I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- each, and, in default of payment of fine, to undergo rigorous imprisonment for a period of one year. They were also convicted under Section 342 I.P.C. and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- each, and, in default of payment of fine, to undergo rigorous imprisonment for a period of one month. Both the substantive sentences of imprisonment were ordered to run concurrently. The period already undergone by them during inquiry, investigation or trial was ordered to be set off against the period of substantive sentences of imprisonment.

(2.) Aggrieved of his conviction and sentence, Shamim filed the present appeal whereas Naushad filed Criminal Appeal S-1052-SB of 2014. As both the appeals arise out of the same judgment of conviction and sentence, they are being disposed of by a common judgment.

(3.) The case of the prosecution has been detailed by the trial Court under para 2 of its judgment, which is reproduced herein below:-