PARTAP Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Appeal No. 174 -DB of 2005, has been filed by Abhey Ram against the order passed by the Additional Sessions Judge, Kaithal in Sessions Case No. 42 of 2003 decided on 22.1.2005. By the impugned judgment it has been held that the accused/appellant Abhey Ram and his co -accused Partap in furtherance of common intention had murdered Karamveer alias Bheera and committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Since the accused/appellant Abhey Ram used his licensed gun for murdering the deceased, he has also been held guilty of the offence punishable under Sections 27 of the Indian Arms Act, 1959.

(2.) THE accused/appellant Partap has filed Criminal Appeal No. 158 -DB of 2005 impugning the same judgment, which is the subject Crl.A. No. 158 -DB of 2005 2 matter of appeal in Crl.A. No. 174 -DB of 2005 on account of his conviction along with his co -accused Abhey Ram under Section 302 read with Section 34 of the Indian Penal Code (for having committed the murder of Karamveer alias Bheera).

(3.) SINCE the same judgment, of the Additional Sessions Judge, Kaithal, is the subject matter of challenge in Criminal Appeal No. 174 -DB of 2005 as also in Criminal Appeal No. 158 -DB of 2005, we shall dispose of the same through the instant common order.