DULLA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeals arise out of the common judgment dated 6/4/2012 and order dated 16/09/2013 passed by learned Additional Sessions Judge No.2, Sriganganagar in Sessions Case No.49/2009 (54/2009), therefore, the same are being heard and decided by this common judgment.

(2.) An FIR No. 91/2009 (Ex.P.2) was lodged at Police Station Lalgarh Jatan, District Sriganganagar on 23.04.2009. In furtherance whereof, five persons namely Dulla Singh @ Nirmal Singh (hereinafter referred to as 'Dulla Singh'), Shyoprakash @ Karm Singh @ Sukhdev Singh (hereinafter referred to as 'Shyoprakash'), Harnek Singh @ Laali, Ashok Kumar and Manjeet Singh(hereinafter referred to as 'Harnek Singh') were tried before the Additional Sessions Judge No.2, Sriganganagar in Sessions Case No. 49/2009 (54/2009). The trial culminated into the judgment dated 06/04/2012, whereby Harnek Singh, Ashok Kumar and Manjeet Singh were acquitted. Shyoprakash was convicted under Sections 302/34, 307/34, 324/34, 326/34, 341 IPC and Section 27 of the Indian Arms Act and was awarded death penalty with a fine of Rs. 10,000/- and in default of payment of fine to further undergo six months' simple imprisonment and Dulla Singh was awarded life imprisonment with a fine Rs. 10,000/- and in default of payment of fine to further undergo six months' simple imprisonment. The appellants Shyoprakash and Dulla Singh preferred appeals before this Court, being D. B. Criminal Appeal No. 446/2012 (Shyoprakash @ Karm Singh @ Sukhdev Singh V/s State) and D. B. Criminal Appeal 727/2012 (Dulla Singh @ Nirmal Singh V/s State).

(3.) Since the accused Shyoprakash was awarded death penalty, therefore, the matter was referred to the High Court as per Section 366 of the Criminal Procedure Code for confirmation of the death sentence, which was registered as D.B. Murder Reference No.2/2012 (State V/s Shyoprakash ). These three matters were heard by the Division Bench of this Court and vide order dated 22/08/2013, while setting aside the death penalty awarded to Shyoprakash, the matter was remanded to the trial Court for passing a fresh order on the aspect of sentences in the following terms :-