- (1.) ON 29.02.2004 at around 08:30 P.M., as per prosecution case, one Leeladhar was dragged by the present appellants, namely Balbir Sethia, and his mother Smt.Chhoti Devi wife of Rameshwar, into their house and was murdered by causing injuries with gandasi and lathi.
(2.) BOTH the appellants, namely Balbir Sethia @ Darasingh and his mother Smt. Chhoti Devi, were charged for commission of offence punishable under Section 302 read with Section 34 of Indian Penal Code by the Court of Additional Sessions Judge (Fast Track) No.1, Jhunjhunu.
(3.) AFTER completion of trial, the Court of Additional Sessions Judge (Fast Track) No.1, Jhunjhunu, vide its impugned judgment dated 28.06.2005, held appellant, Balbir guilty for commission of offence punishable under Section 302 Indian Penal Code substantively, and convicted his mother Smt. Chhoti Devi for offence punishable under Section 302 I.P.C. with the aid of Section 34 of Indian Penal Code. Having convicted the appellants for the above said offences, the trial Judge, vide a separate order of even date, sentenced them as under : - "For offence under Section 302 I.P.C. appellant, Balbir was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/ -. In default of payment of fine to further undergo three months' imprisonment. For offence under Section 302/34 I.P.C. appellant, Smt. Chhoti Devi was sentenced to undergo life imprisonment and to pay a fine of Rs.2000/ -. In default of payment of fine to further undergo two months' imprisonment.";