ANGOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ANGOOR and 16 others have preferred this appeal. They along with three other accused faced trial in Sessions Case No. 38 of 9.5.1991 before the learned Additional Sessions Judge, Gurgaon. While charges under Sections 323, 363 and 366-A were framed against all the accused, a charge under Section 376 IPC was also framed against Lal Chand, Ruj Mal and Rajak (appellants 4, 7 and 9 herein). The learned Additional Sessions Judge convicted all the accused other than accused 15, 16 and 20 before him under Sections 363 and 366-A I.P.C. but acquitted them under Section 323 I.P.C. He also held Lal Chand, Ruj Mal and Rajak guilty under Section 376 I.P.C. 15th accused-Anwar and 20th accused-Sharif were not found guilty of any of the offences and were acquitted. 16th accused-Heera died during the course of the trial.

(2.) THE learned Additional Sessions Judge sentenced all the accused other than the acquitted accused and the deceased-accused under Section 363 I.P.C. to undergo rigorous imprisonment for 5 years, to pay a fine of Rs. 200/- each and in default, to undergo further imprisonment for 2 months. He also sentenced them under Section 366-A I.P.C. to undergo rigorous imprisonment for 7 years, to pay a fine of Rs. 300/- each and in default, to undergo further imprisonment for 3 months.

(3.) THE case of the prosecution as seen from the F.I.R. registered on the basis of the statement of Kallu son of Mangal, a resident of Village Raipuri, is as follows :