SAMPURAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of Crl. Appeal 366-SB of 1996 (Sampuran Singh etc. v. The State of Haryana) and Crl. Revision 690 of 1996 (Bhim Sain v. Sampuran Singh and others), as the appeal and the revision have arisen from the judgment dated 14.5.1996 and order dated 16.5.1996, passed by the Addl. Sessions Judge, Gurgaon, who convicted the appellants Sampuran Singh and Subhash under Sections 397, 326, 325, 324 and 323 IPC, read with Section 34 IPC, and sentenced each one of them to undergo R.I. for a period of 5 years under Section 307 IPC. The appellants were further directed to pay a fine of Rs. 1, 000/-; in default of payment of fine, each one of them was directed to undergo R.I. for four months. Appellants were also directed to undergo R.I. for a period of 5 years and to pay a fine of Rs. 1,000/- under Section 326 IPC. In default of payment of fine, they were further directed to undergo R.I. for four months. Further, the appellants were sentenced to undergo R.I. for a period of 2 years each and to pay a fine of Rs. 500/- under Section 325 IPC; in default of payment of fine, they were further directed to undergo R.I. for two months. Further, the trial Court sentenced each of the appellants to undergo R.I. for one year under Section 324 IPC. They were further directed to undergo R.I. for six months under Section 323 IPC. All the sentences were ordered to run concurrently.

(2.) THROUGH the revision, Bhim Sain as prayed for the enhancement of the sentences.

(3.) VIDE order dated 25.9.1992, the Additional Sessions Judge, Gurgaon, charge-sheeted the accused on the allegations that on 19.4.1992 at about 8 p.m. in the area of village Pinangwan, in furtherance of their common intention, they did an act to cause injuries to Bhim Sain with swords with such intention or knowledge and under such circumstances that if they by that act had caused his death, they would have guilty of murder. Further the trial court framed charge against the appellants and their companions under Section 326 IPC for causing grievous injury to Khub Chand by means of swords. The appellants were also charge-sheeted under Section 324/34 IPC. The charges were read over and explained to the accused who pleaded not guilty and claimed trial.