J.S. Khehar, J. - (1.) CRIMINAL Appeal No. 174 -DB of 2005, has been filed by Abhey Ram against the order passed by the Additional Sessions Judge, Kaithal in Sessions Case No. 42 of 2003 decided on 22.1.2005. By the impugned judgment it has been held that the accused/appellant Abhey Ram and his co -accused Partap in furtherance of common intention had murdered Karamveer alias Bheera and committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Since the accused/appellant Abhey Ram used his licensed gun for murdering the deceased, he has also been held guilty of the offence punishable under Sections 27 of the Indian Arms Act, 1959.
(2.) THE accused/appellant Partap has filed Criminal Appeal No. 158 -DB of 2005 impugning the same judgment, which is the subject Crl.A. No. 158 -DB of 2005 2 matter of appeal in Crl.A. No. 174 -DB of 2005 on account of his conviction along with his co -accused Abhey Ram under Section 302 read with Section 34 of the Indian Penal Code (for having committed the murder of Karamveer alias Bheera). The appellant Abhey Ram in Crl.A. No. 174 -DB of 2005, was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - for the offence punishable under Section 302 read with section 34 of the Indian Penal Code. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of six months. So far as his conviction under the provisions of the Indian Arms Act, 1959, is concerned, he has been sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 1000/ -. In default of payment of fine he has been sentenced to undergo rigorous imprisonment for two months. His substantive sentences were ordered to run concurrently. As against the aforesaid, his co -accused Partap has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - for the offence punishable under section 302 read with section 34 of the Indian Penal Code. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a period of six months. In so far as the sentences are concerned, they were announced by the Additional Sessions Judge, Kaithal vide his order dated 21.4.2005.
(3.) SINCE the same judgment, of the Additional Sessions Judge, Kaithal, is the subject matter of challenge in Criminal Appeal No. 174 -DB of 2005 as also in Criminal Appeal No. 158 -DB of 2005, we shall dispose of the same through the instant common order.;