PARVESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals bearing CRA-D No. 506-DB of 2012 -Parvesh vs State of Haryana and CRA-D No. 560-DB of 2012 Maman Singh vs State of Haryana, the same are being disposed of by a common judgment.

(2.) The present appeals are instituted against the judgment dtd. 26/4/2012 and order dtd. 8/5/2012, rendered by Additional Sessions Judge, Rewari, in SC RT No. 34 of 2011/2010, vide which accused Maman Singh and Parvesh, who were charged with and tried for the offence punishable under Ss. 394/ 397/302 IPC and Sec. 25 of the Arms Act in FIR No. 173 dtd. 14/6/2008, registered at Police Station Dharuhera, District Rewari, were convicted and sentenced under Sec. 302 IPC to undergo imprisonment for life and to pay fine of Rs.10,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for three months. They were further convicted and sentenced under Sec. 394 IPC to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for two months. They were further convicted and sentenced under Sec. 397 IPC to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for two months. All the sentences were ordered to be run concurrently.

(3.) The case of the prosecution in a nutshell is that on 14/6/2008 at about 12.05 P.M., Inspector/ SHO Sadhu Ram along with HC Pritam Singh and Constable Ajit Singh was investigating the case bearing FIR No. 152 of 2008. He received a telephonic message to the effect that two young boys had looted the cash after firing at bank guard. Inspector Sadhu Ram reached at the spot. He came to know that two young boys came to the bank on a motorcycle and looted the cash amount from the cashier after firing at the guard and fled away towards Pataudi side. An application, Ex.PB, was moved by Rohtash, Manager of Gurgaon Gramin Bank, Kapriwas.