MANU/SC/0116/2002

UC

IN THE SUPREME COURT OF INDIA

Appeal (crl.) 650 of 1992

Decided On: 20.02.2002

Appellants: Sukhbir Singh Vs. Respondent: State of Haryana

Hon'ble Judges/Coram:
R.P. Sethi and K.G. Balakrishnan

JUDGMENT

R.P. Sethi, J.

1. Appellant Sukhbir Singh (in Crl.A.No. 650 of 1992) and 8other accused persons were arrested in FIR No. 166 dated22.9.1986 of the Police Station Ganaur and afterinvestigation charged for the offences punishable underSections 302 307 326 324 323 148 and 452 read withSection 149 of the Indian Penal Code by the AdditionalSessions Judge, Sonepat. After completion of the trial,appellant sukhbir Singh was convicted under Section 302 IPCand sentenced to imprisonment for life besides paying a fineof Rs. 1000/-. The other accused persons were convictedunder Section 302 read with Section 149 and sentenced toimprisonment for life besides paying a fine of Rs. 1000/-each. All accused persons were also convicted underSections 326/ 149 and sentenced to three years RigorousImprisonment and fine of Rs. 500/- each. Upon convictionunder Section 148 IPC, the respondents were sentenced toundergo Rigorous Imprisonment for one year and uponconviction under Sections 324/ 149 IPC to undergo RigorousImprisonment for one year each. They were also convictedunder Sections 323/ 149 and sentenced to six months RigorousImprisonment. All the substantive sentences were directedto run concurrently. The appeals filed by the accusedpersons were disposed of vide the judgment impugned in theseappeals by which the conviction and sentence of SukhbirSingh, appellant under Section 302 IPC was upheld. Theconviction and sentence of all the other accused personsunder Sections 302/ 149 was, however, set aside. Theirconvictions and sentences under Sections 326 323 324 withthe aid of Section 149 IPC was also set aside. Detentionalready suffered by accused Pala, Ram Chander, Behari,Baljit, Kidara, Raj, Darya and Tara was considered assufficient sentence for their respective convictions and fortheir individual acts under Sections