- (1.) THERE were ten accused persons prosecuted in FIR No. 355 dated 23.11.2002 for offences under Sections 307 read with Section 34 and 120 -B of Indian Penal Code (IPC) and Section 25 of Arms Act, registered at Police Station Civil Line, Karnal. Sher Singh @ Sheru died during pendency of the trial. During the pendency of the original trial Baljit Singh @ Jeeta -appellant in CRA -S -2259 -SB of 2009 absented and was declared a proclaimed offender. Rest of the accused Jitender kumar persons were held guilty of the charge under Sections 120 -B, 307 read with Section 120 -B and 34 IPC vide judgment of the trial Court dated 10.11.2006 in Sessions Case No. 24 of 2005. Those convicts are Ram Parkash @ Hanuman and Kimti Lal @ Jhhota appellants in CRA -S -2372 -SB of 2006, Jaswant Singh -appellant in CRA -S -2360 -SB of 2006, Rakesh -appellant in CRA -S -2309 -SB of 2006, Sumer -appellant in CRA -S -2308 -SB of 2006, Rohtash -appellant in CRA -S -2241 -SB of 2006. The other convicts are Ram Pal and Shyam Singh but they have not filed appeal against the judgment of conviction and sentence passed by the trial Court.
(2.) BALJIT Singh @ Jeeta -appellant in CRA -S -2259 -SB of 2009 was later on arrested and faced trial in Sessions case No. 560 of 2008 and convicted vide judgment dated 03.03.2009 of the trial Court.
(3.) BY this common judgment the aforesaid appeals are being decided together as the matter arises out of the same FIR. Baljit Singh @ Jeeta -appellant in CRA -S -2259 -SB of 2009 was sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of two years under Section 307 read with Section 120 -B IPC. He was also separately sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 5000/ -, in default to further undergo rigorous imprisonment for one year under Section 120 -B IPC. The other appellants were sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 5000/ - each, in default to further undergo rigorous imprisonment for three months under Section 307 read with Section 120 -B IPC. They were also sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 5000/ - each, in default to further undergo rigorous imprisonment for a period of three months under Section 120 -B IPC.;