KANWALJIT SINGH AHLUWALIA,J. - (1.) THE present appeal has been preferred by Rattan Singh, Dharambir, Sumer Singh and Shish Ram. They were tried along with their co-accused Shubh Ram by the Court of Additional Sessions Judge (Fast Track Court), Bhiwani in a case FIR No.14 dated 24.1.2006 registered at Police Station Loharu under Sections 148, 323, 325, 307, 506 read with Section 149 IPC.
(2.) THE Court of Additional Sessions Judge (Fast Track Court), Bhiwani vide impugned judgment dated 9.2.2008 acquitted accused Shubh Ram. However, it sentenced appellants Shish Ram, Rattan Singh, Dharambir and Sumer for offence under Sections 323, 325, 307, 506 read with Section 34 IPC. Vide a separate order dated 12.2.2008, they were sentenced as under:- Under Section 323 IPC Rigorous imprisonment for a period of six read with Section 34 IPC months each. Under Section 325 IPC Rigorous imprisonment for a period of two read with Section 34 IPC years and to pay a fine of Rs.2,000.00 each. In default of payment of fine to further undergo rigorous imprisonment for three months. Under Section 307 IPC Rigorous imprisonment for a period of five read with Section 34 IPC years and to pay a fine of Rs.5,000.00 each. In default of payment of fine, convict shall further undergo rigorous imprisonment for a period of six months. Under Section 506 IPC Rigorous imprisonment for a period of one year read with Section 34 IPC and to pay a fine of Rs.1,000.00 each. In default of payment of fine to further undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently. The present appeal assails judgment of conviction and order of sentence.
(3.) DURING the pendency of present appeal, Criminal Misc.No.35718 of 2011 has been preferred to place on record compromise arrived at between the parties, which has been taken on record as Ex.A1 along with affidavits of Surta Ram and Joginder as Exs.A2 and A3. Statements of Surta Ram and Joginder, who are present in Court, have been recorded separately. Same be read as part of this order.;