DEVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of three criminal appeals Nos. 20-SB Raju v. Haryana State, 62-SB Devinder and another v. State of Haryana, and 156-SB Dharmapal v. State of Haryana, all of 1988, as in the opinion of this court, all the three appeals can be disposed of by one judgment. Appellants Devinder, Kushal Pal and Raju were tried together by the learned Addl. Sessions Judge, Gurgaon, who vide his judgment dated 12.12.1997 and order dated 16.12.1997, convicted them u/ss 395/397/120-B, IPC, and sentenced each one of them to undergo R.I. for five years u/s 395, IPC, and to pay a fine of Rs. 2,000/- each, in default of payment of fine, each one of them was further directed to undergo S.I. for three months. These appellants were further sentenced u/s 397, IPC, to undergo R.I. for 7 years each. Both the sentences were ordered to run concurrently. Vide separate judgment dated 12.12.1997 and order dated 16.12.1997 of the learned Addl. Sessions Judge, Gurgaon, appellant Dharmpal was sentenced to undergo RI for five years u/s 395, IPC, and to pay a fine of Rs. 2,000/-; in default of payment of fine, he was further directed to undergo S.I. for three months. This appellant was further convicted u/s 397, IPC, and sentenced to undergo RI for seven years. Both the sentences were, however, ordered to run concurrently.

(2.) THE brief facts of the case can be summarised in the following manner :

(3.) FURTHER investigation was set into motion. The injured passengers were got medically examined. Some weapons were recovered from Devinder, Raju and Kushal Pal, appellants, and they were separately booked for the offence under the Arms Act and the remaining accused were also arrested. Siri Pal, a companion of the appellants, got recovered a knife in pursuance of his disclosure statement and a case under the Arms Act was registered separately against him. During the course of further investigation, the offence u/s 120-B, IPC, was also added against Siri Pal, Pawan and Dharam Pal. Accused Pawan alias Bikram was arrested on 27.4.1995. Dharam Pal in this (case) could not be arrested at the first instance.