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AJAY TEWARI, ALKA SARIN
Rajesh @ Raja And Others – Appellant
Versus
State Of Haryana – Respondent
Key Points: - The court held that delay in lodging the FIR is not fatal to the prosecution if not attributable to concoction or tampering, considering the incident occurred in a crowded area and within a chaotic environment (!) (!) (!) . - The eyewitness testimonies (PW2 and PW3) along with medical evidence and FSL report were found credible and reliable; non-examination of independent witnesses and non-reliance on CCTV footage were not fatal to the prosecution (!) (!) (!) . - The appellants’ convictions and sentences were upheld; the appeal was dismissed, and remaining sentences to be served concurrently/as directed by the trial court (!) (!)
JUDGMENT
Alka Sarin, J. - The present appeal has been filed by seven accused-appellants challenging the judgment of conviction and order of sentence dated 20.01.2015 passed by the Additional Sessions Judge, Kurukshetra, vide which the appellants have been convicted and sentenced as under:-
| "1. Rajesh alias Raja | |
| Under Section 148 of Indian Penal Code, 1860 | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs. 1,000/- (one thousand). In default of payment of find, he shall further undergo simple imprisonment for a period of fifteen days |
| Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs. 40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
| Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs. 10,000/- (ten thousand). In default of |
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