RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of two appeals bearing CRA No. 914-DB of 2003 and CRA No. 65-DB of 2004, as common questions of law and facts are involved therein.

(2.) These appeals are instituted against the judgment and order rendered by Additional Sessions Judge (Adhoc), Fast Track Court, Sonepat, in Session case No. 37 of 2001, dtd. 14/8/2003, whereby appellants Rajesh and Shiv Kumar @ Bindu, along with Bablu @ Bobi, Ram Kumar, Ramvir, Hariya @ Karan Singh and Dalbir were charged and tried for the offence under Ss. 302, 343, 364-A, 368, 388, 404, 120-B, 216 read with Sec. 34 IPC and Sec. 25 of the Arms Act, 1959.

(3.) Appellant Shiv Kumar @ Bindu and Rajesh along with Bablu @ Boby were convicted and sentenced under Sec. 364-A IPC to undergo imprisonment for life and to pay fine of Rs.2,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for two months. They were also convicted and sentenced under Sec. 368 IPC for life imprisonment and to pay fine of Rs.2,000.00 each and in default of payment of fine to further undergo rigorous imprisonment for a period of two months. They were also convicted and sentenced under Sec. 302 for life imprisonment and to pay fine of Rs.5,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. All the sentences were ordered to run concurrently. Bablu @ Boby was also convicted and sentenced under Sec. 25 of the Arms Act. Appellant Bablu @ Boby died during the pendency of the appeal. His appeal bearing CRA No. 774-DB of 2003 Bablu @ Bobi vs State of Haryana, has abated. Accused Ram Kumar, Ramvir, Hariya @ Karan Singh and Dalbir were acquitted.