SONU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals, preferred by convicts/appellants against their conviction and sentence imposed upon them vide judgment dated 21.1.2017 passed by learned Additional Sessions Judge II, Solan, District Solan, H.P. in Sessions Trial No. 4-ASJ/7 of 2015, titled as State of Himachal Pradesh Vs. Sher Singh and others, are being decided by this common judgment as common questions of fact and law are involved therein.

(2.) Vide impugned judgment, each of convicts/appellants have been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 20,000/- each for commission of offence under Section 302 of Indian Penal Code (in short "IPC") and in case of default of payment of fine, to further undergo rigorous imprisonment for 6 months, rigorous imprisonment for 6 months and to pay fine of Rs.1,000/- each, under Section 323 IPC and in default of payment of fine, to undergo rigorous imprisonment for one month, rigorous imprisonment for 3 years and to pay fine of Rs. 5,000/- each under Section 148 IPC and in default of payment of fine, rigorous imprisonment for 6 months and rigorous imprisonment for 1 year with fine of Rs. 5,000/- each under Section 147 IPC and in default of payment of fine, to undergo rigorous imprisonment for 3 months.

(3.) It is informed by learned Additional Advocate General, that proceedings arising out of the same FIR are also pending against juvenile offender Sonu S/o Hukam Singh before Juvenile Justice Board, Solan, which are at the stage of recording evidence of prosecution for 5.7.2019. Trial against the appellants and proceedings against juvenile Sonu are arising out of the same FIR, but forum and process for adjudicating the same is entirely different and the trial before the Court and proceedings before the Juvenile Justice Board are to be concluded by rendering a decision on the basis of material placed before respective forums and not on the basis of evidence. Present appeals are being decided on the basis of material on record placed before the trial Court, which in itself will not have any bearing on the decision of Juvenile Justice Board, as the proceedings before that are to be concluded on the basis of material placed before it in those proceedings. The appellants have suffered conviction and are languishing in jail, therefore, we find it in the interest of justice to proceed with hearing of these appeals.