NARESH KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, nine in number, alongwith Naresh Kumar son of Dhani Ram were tried for committing offences punishable under Sections 147/323/364/149 IPC. Vide judgment and order dated 21/27.1.2005, learned Additional Sessions Judge (Fast Track Court), Bhiwani acquitted Naresh Kumar son of Dhani Ram of the charges against him. The appellants were also acquitted under Section 364 IPC. Instead, they were convicted under Sections 363/149 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo simple imprisonment for six months. They were also convicted under Section 147 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo simple imprisonment for three months. They were further convicted under Sections 323/149 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo simple imprisonment for three months. All the sentences were ordered to run concurrently. The period already undergone by them was ordered to be set off against the sentences awarded to them. The fine amount was deposited by them there and then.

(2.) Aggrieved of their conviction and sentence, the appellants filed the present appeal, which stands admitted and the appellants are presently on bail.

(3.) According to the prosecution, on 27.10.1998 at about 11.00 p.m., SI Dalip Singh alongwith other police officials was present at Bus Stand of village Behal where complainant Jag Roshan appeared and submitted application that on 27.10.1998 at about 6.15 p.m., he was coming from village Isharwal to his village Rodha. His cousin Naresh alongwith his two friends, namely, Suresh and Roshan were going from village to Pulia situated at Loharu road. A blue coloured Mahendera Jeep wherein 7/8 boys were sitting, came and kidnapped his cousin Naresh. When the friends of Naresh raised hue and cry, he alongwith 5/7 persons, who were present at the bus stand, reached at the place of occurrence. In the meantime, a jeep which was driven by Dalip Singh came from the village side. They followed the jeep of assailants but could not trace it out. There was a quarrel between his cousin Naresh and Ramesh son of Dariya Singh, resident of village Sahalewal. So, complainant suspected that Naresh had been kidnapped by Ramesh and his associates.