- (1.) The Trial Court, vide its judgment of conviction dated 5 th November, 2003 and order of sentence dated 10 th November, 2003, held all the five accused, namely, Sunil Kumar, Satish, Pawan Kumar, Jitender Kumar and Ratti Ram guilty of the offence under Section 120-B of the Indian Penal Code, 1860 (IPC). The Trial Court further held that except Jitender, remaining four accused were also guilty of the offence under Section 302 read with Section 34 IPC. The Trial Court acquitted all the four accused for the offence under Section 323 read with Sections 34 and 342 IPC and convicted them as follows: "Taking into consideration all the aspects of the case, I take a lenient view and sentence Sunil, Satish, Pawan and Ratti Ram accused to imprisonment for life under Section 302 read with Section 34 IPC and Section 120B IPC. Each of the accused is sentenced to a fine of Rs.1000/- under the said sections. In default of payment of fine, the defaulting accused shall suffer further rigorous imprisonment for six months. Jitender accused has been found guilty under Section 120-B IPC for conspiracy of murder with the other four-five persons and when we read the provisions of Section 120B and 109 IPC, Jitender is also punishable for the offence of murder as the act of murder has been committed in consequence of the conspiracy. I, therefore, sentence Jitender accused to imprisonment for life under Section 120-B IPC. He is also sentenced to a fine of Rs.1000/- under the said section. In default of payment of fine Jitender accused shall suffer further rigorous imprisonment for six months. As regards, the role of Surender @ Sunder son of Ratti Ram, the husband of Indra deceased, a copy of this judgment be sent to the Superintendent of Police, Hisar for taking appropriate action against him in view of the observations made by me in this judgment."
(2.) This judgment of the Trial Court was challenged by the accused persons in appeal before the High Court being Criminal Appeal No.930-DB of 2003. Surender @ Sunder, husband of the deceased, had also filed a criminal miscellaneous petition being Criminal Miscellaneous No.3337-M of 2004 against the judgment of the Trial Court wherein it had directed action to be taken against him by the Superintendent of Police in view of the observations made by the Trial Court therein. Both the criminal appeal as well as the criminal miscellaneous petition were heard together and disposed of by a common judgment of the High Court dated 30 th May, 2008 wherein the High Court upheld the judgment of the Trial Court in its entirety and dismissed the criminal appeal and the criminal miscellaneous petition.
(3.) Against this judgment of the High Court, two separate appeals have been filed before this Court, one by Jitender Kumar being Criminal Appeal No.1763 of 2008 and the other by Sunil Kumar and Satish Kumar being Criminal Appeal No.1092 of 2009. Surender has not challenged the judgment of the High Court.;