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1990 Supreme(SC) 93

B.C.RAY, A.M.AHMADI
Sahab Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates:
B.S.MALIK, Mahabir Singh

JUDGMENT

AHMADI, J.:- Special leave granted.

2. The seven appellants before us were convicted by the learned Additional Sessions Judge, Sonepat on three counts and sentenced as under :

(a) rigorous imprisonment for one year under S. 148, I.P.C.;

(b) rigorous imprisonment for six months under S. 323/149, I.P.C.; and

(c) imprisonment for life and a fine of Rs. 200/- under S. 302/149, I.P.C.

All the said substantive sentences were directed to run concurrently.

3. The seven appellants preferred an appeal against the order of conviction and sentence passed by the learned Trial Judge. The High Court while dismissing their appeal clarified that their convictions were on six counts and altered the fine awarded under S.302/149, I. P. C. from Rs. 200/- to Rs.5,000/- in respect of each appellant per count, i.e. Rs. 30,000/- per appellant. Being aggrieved by this enhancement of fine the appellants have preferred this appeal limited to the question of this enhancement only.

4. Section 374 of the Code of Criminal Procedure (the Code hereinafter) provides for appeals from conviction by a Sessions Judge or an Additional Sessions Judge to the High Court. Section 377 entitles the State Government to direct




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