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2004 Supreme(P&H) 311

M.M.KUMAR
Ram Hans @ Hans – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellants :Mr. Jagdish Manchanda, Advocate.
For the Respondent: Mr. S.S. Brar, DAG, Haryana.

JUDGMENT

M.M. Kumar, J. - This appeal is directed against the judgment and order dated 2.4.2003 and 5.4.2003 passed by the Additional Sessions Judge, Faridabad convicting and sentencing the appellants under Section 307 read with Section 34 Indian Penal Code. The appellants have been sentenced to undergo five years rigorous imprisonment under Section 307 read with Section 34 Indian Penal Code and to pay a fine of Rs. 2,000/- each. In default of payment of fine, the defaulting accused have been ordered to undergo further rigorous imprisonment for one year, setting off the period of detention from the sentence which they have already undergone during the enquiry, investigation and trial, if any. Along with the appeal, Criminal Misc. No. 49935 of 2003 is also being disposed of wherein plea set up is that a compromise between the convicts and the complainant has been arrived at in the presence of Mahan Panchayat where in the presence of witnesses, the convicts have agreed to maintain peace and tranquillity in future. The affidavits and the compromise dated 6.10.2003 and 13.10.2003 have been placed on record as Annexure P-1 to P-3.

2. The prosecution version as disclosed in the order of A



















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