NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH the instant order, we propose to dispose of Criminal Appeal No. 259-DB of 1998, filed at the hands of appellants - Naresh and Suraj Bhan, as well as, Criminal Appeal No. 473-SB of 1998 filed at the hands of Naresh, by a common order.

(2.) CRIMINAL Appeal No. 259-DB of 1998 has been filed against the order dated 27.4.1998 passed by the Additional Sessions Judge, Hisar, in Case No. 37 of 1996. By the impugned judgement, the appellants - Naresh and Suraj Bhan have been held guilty for having committed the murder of Dal Bahadur, under Section 302 read with Section 34 of the Indian Penal Code. The appellants have also impugned the order dated 29.4.1998 by which both the appellants - Naresh and Suraj Bhan have been sentenced to undergo life imprisonment under Section 302 of the Indian Penal Code and to pay a fine of Rs. 2,000/- each.

(3.) ON the completion of the investigation, a challan was presented by the prosecution in the Court of the Additional Chief Judicial Magistrate, Hisar, on 22.12.1995. The Additional Chief Judicial Magistrate, Hisar, concluded that a prima-facie case punishable under Section 302 of the Indian Penal Code was made out against the accused. Since the offence under Section 302 of the Indian Penal Code is exclusively triable by the Court of Session, the Additional Chief Judicial Magistrate, Hisar, by an order dated 22.12.1995 committed the case to the Court of Session.