SAHIB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeal and revision petition, therefore, these are taken up together and disposed of by a common judgment.

(2.) The appeal (CRA-D-357-DB-2004) was instituted against the judgment dated 15.03.2004 and order dated 17.03.2004 rendered by the Additional Sessions Judge, Ambala, in Sessions Case no.5 of 05.03.2003/27.07.1999 whereby the appellants along with co-accused Lakhmir Singh were charged with and tried for offences under Sections 120-B , 302 of the Indian Penal Code (in short 'IPC') and under Section 27 of the Arms Act.

(3.) Appellants Sahib Singh and Darshan Singh were convicted for offence under Sections 302 / 120-B IPC. They were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. Appellant Sahib Singh was also convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months, for offence punishable under Section 27(1) of the Arms Act. The sentences awarded to appellant Sahib Singh were ordered to run concurrently. However, co- accused Lakhmir Singh was acquitted of the charges levelled against him.