R.M.LODHA, AFTAB ALAM
Jalpat Rai – Appellant
Versus
State of Haryana – Respondent
JUDGEMENT
R.M. Lodha, J. —
On October 2, 2002 two persons - Sunil and Chand - were shot dead and three persons - Pawan, Rohtas and Rakesh - got injured in the town of Jind (Haryana). One of the injured, Pawan died after three days. In connection with that incident, six persons—Jalpat Rai (A-1), Shyam Sunder (A-2), Satish Kumar (A-3), Purshotam (A-4), Harinder alias Kala (A-5) and Pawan (A-6) — were tried by the Additional Sessions Judge, Jind for the offences punishable under Section 148, Section 302 read with Section 149, Section 307 read with Section 149 and Section 323 read with Section 149 IPC. Four of them were also charged for the offence punishable under Section 27 of the Arms Act, 1959. The trial court vide its judgment dated November 20, 2004 convicted A-2 under Section 302 IPC and sentenced him to suffer life imprisonment and imposed a fine of Rs.25000/- with default stipulation. A-2 was also convicted for the offence under Section 27 of the Arms Act, 1959 and sentenced to undergo imprisonment for a term of one year with a fine of Rs.1000/- with default stipulation. The trial court acquitted A-1, A-3, A-4, A-5 and A-6 of all the charges.
2. Against the judgment of the tr
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