JASDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of two appeals bearing Criminal Appeal No. 327 -SB of 197 (Jasdev Singh v. State of Haryana) and Criminal appeal No. 328 -SB of 1997 (Jasbir Singh and Ors. v. State of Haryana), as both have arisen out of a common order passed by the learned Additional Sessions Judge, Ambala, dated 3.4.1997, vide which all the appellants were held guilty for the offences punishable under Sections 148/307/325/324/323 read with Section 149 I.P.C. and vide order dated 5.4.1997, were sentenced under Section 307/149 IPC to undergo, R.I. for three years fine of Rs. 2,000/ - each, in default of payment of fine to undergo R.I. for a period of six months; under Section 325/149 IPC, to undergo RJ. for a period of two years and a fine of Rs. 1,000/ -, in default of payment of fine to undergo further R.I. for a period of three months; Under Section 324/149, to undergo R.I. for one year each; Under Section 323/149 IPC, to undergo R.I. for six months each and under Section 148 IPC, to undergo R.I. for one year each. All the sentences were, however, ordered to run concurrently.

(2.) ON the application for bail, the trial Judge passed the following order on 5.4.1997:

(3.) BRIEF facts of the case are that on 23.7.1990, at about 5 p.m, a fight took place between Budh Ram, Smt. Vidaya Devi, Smt. Gurnamo, Smt. Natho and Smt. Pushpa Devi on one side and Ram Singh, Jasbir Singh, Avtar Singh alias Happy and Jasdev Singh on the other side, in respect of a common street. Both the parties assaulted each other. A FIR No. 192 dated 23.7.1990 was registered under Sections 307, 325, 324, 323, 149, 148 of I.P.C. and Section 27/54/59 of the Arms Act, against the appellants on the complaint made by Smt. Gurnamo (PW -5), whereas a cross case was registered against the complainant vide FIR No. 191 of the same date under Sections 307/324/323/341/34 of IPC, on the statement of Ram Singh (since deceased).