LAWS(SC)-2011-7-68

BHAJAN SINGH ALIAS HARBHAJAN SINGH Vs. STATE OF HARYANA

Decided On July 04, 2011
BHAJAN SINGH @ HARBHAJAN SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) All the aforesaid three appeals have been filed against the common judgment and order dated 15.12.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 17-DB of 2005; and 360-DBA of 2005. The High Court partly affirmed the judgment and order dated 25/26.11.2004 of the Sessions Court in Sessions Trial No. 97 of 2003 convicting three Appellants, namely, Joga Singh, Mukhtiar Singh and Nishabar Singh under Sections 302 and 307 read with Section 149 of the Indian Penal Code, 1860, (hereinafter called IPC), and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-. Further, the High Court convicted accused/Appellants, namely, Bhajan Singh, Puran Singh and Gurdeep Singh who had been acquitted of all the charges by the trial court and awarded the sentences similar to the other accused.

(2.) Facts and circumstances giving rise to these appeals are as under:

(3.) Being aggrieved, the three Appellants convicted by the trial court filed Criminal Appeal No. 17-DB of 2005, while against the order of acquittal of the other three Appellants, the State of Haryana filed Criminal Appeal No. 360-DBA of 2005. The High Court heard both the appeals together and disposed of the same by a common judgment and order dated 15.12.2006, maintaining the conviction of Appellants in Criminal Appeal No. 17-DB of 2005. It also reversed the judgment and order of the trial court which acquitted the other three Appellants, and convicted them for the same offence. The High Court awarded them same sentence as one awarded to the persons convicted by the trial court. Hence, these appeals.