SURENDER Vs. STATE OF HARYANA

JUDGEMENT

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

(2.) These appeals have been instituted against the judgment and order dtd. 10/3/2010 and 12/3/2010 rendered by the Additional Sessions Judge, Bhiwani, in Sessions Trial No.47 of 2008. Both the appellants in CRA-S-881-SB-2010 along with co-accused Neelam were charged with and tried for offences punishable under Ss. 304-B and in the alternative under Sec. 302 read with Sec. 34 and 498-A read with Sec. 34 of the Indian Penal Code (in short TPC). The appellants were convicted and sentenced to undergo rigorous imprisonment for a period of seven years each for offence punishable under Sec. 304-B IPC. They were also convicted and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs.1000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days for offence punishable under Ss. 498-A/34 IPC. Both the sentences were ordered to run concurrently. However, co-accused Neelam was acquitted.

(3.) Rohtash, father of the deceased (appellant) has filed appeal bearing No.CRA-D-1135-DB-2010 against acquittal of co-accused Neelam and for enhancement of sentence of appellants Surender and Santro.