RAVI ALIAS RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant order we propose to dispose of Criminal Appeal No.581-DB of 2006 filed by the accused/ appellant Ravi alias Ravinder and Criminal Revision No.1320 of 2006 filed by Bijender Singh. The aforesaid appeal and revision petition have been preferred against the judgment rendered by the Additional Sessions Judge, Bhiwani in Sessions Case No.56 of 2000 decided on 22.5.2006 whereby the accused Sandeep and Ravi alias Ravinder have been held guilty for having in the first instance kidnapped Depender alias Banti and thereafter for having committed his gruesome murder, the accused were accordingly convicted under sections 120-B, 364, 302 and 201 of the Indian Penal Code. The accused/appellant Ravi alias Ravinder has also been held guilty, and a such, convicted under section 25 of the Indian Arms Act. Both the accused have also impugned the order dated 23.5.2006 by which the Additional Sessions Judge, Bhiwani has sentenced the accused/appellant Sandeep and Ravi alias Ravinder to rigorous imprisonment for five years and a fine of Rs.1000/under section 364 read with section 120-B of the Indian Penal Code. The accused have also been sentenced to imprisonment for life and a fine of Rs.5000/-under section 302 read with section 120-B of the Indian Penal Code. The accused have also been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/under section 201 of the Indian Penal Code. The accused/appellant Ravi alias Ravinder has also been sentenced to undergo rigorous imprisonment for a period of one year and has been imposed a fine of Rs.500/-for having committed the offence under section 25 of the Indian Arms Act, 1959. In default of payment of fine it has been directed that the defaulting accused/appellant(s) would undergo further rigorous imprisonment for a period of two years. The trial Court also directed that all the substantive sentences imposed upon the accused shall run concurrently.

(2.) It would be pertinent to mention that Criminal Appeal No.410DB of 2006, arising out of the same impugned judgment had been filed by the accused Sandeep so as to impugn the order by which he has been convicted as also the order of sentence. During the course of hearing of Criminal appeal No.410-DB of 2006, learned counsel for the accused submitted that he did not desire to challenge the correctness of the judgment itself, but only desired to press his claim that the sentence imposed on the accused Sandeep was wrongful. Accordingly, Criminal Appeal No.410-DB of 2006, was delinked, and is being disposed of by a separate order dated 28.03.2008.

(3.) Criminal appeal No.551-DB of 2006, has been filed by the accused/appellant Ravi alias Ravinder so as to impugn the order of his conviction, as well as, the order of sentence. Criminal revision No.1320 of 2006, has been filed by Bijender Singh wherein the judgment of conviction rendered by the Additional Sessions Judge,Bhiwani has not been impugned. He has however only impugned order of sentence dated 23.5.2006 by asserting that the sentence awarded to the accused Sandeep and Ravi alias Ravinder was not sufficient in view of the gravity of the crime committed by accused . The solitary prayer in Criminal Revision No.1320 of 2006, is, therefore, for enhancement of the sentence awarded to the accused Sandeep and Ravi alias Ravinder.