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2023 Supreme(P&H) 2262

SURESHWAR THAKUR, KULDEEP TIWARI
Subhash @ Makkar – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Mr. Salil Bali, Advocate.
For the Respondent: Mr. P.P.Chahar, DAG, Haryana.
For the Complainants in CRA-D-474-DB-2013 and Appellants in CRA-D-1529-DB-2013 :Mr. Sumeet Goyal, Sr. Advocate assisted by Mr. Rose Gupta, Advocate, Mr. Shivam Kaushik, Advocate and Mr. Paramvir Parmar, Advocate.

JUDGMENT

Sureshwar Thakur, J.

Since both the criminal appeals arise from a common judgment, therefore, both are amenable for a common verdict becoming recorded thereons.

2. CRA-D-474-DB-2013 is directed by the convicts-appellants, against the verdict of conviction, as made on 26.03.2013, by the learned Additional Sessions Judge, Hisar, upon, Sessions Case No.65 of 2010, where through, in respect of charges drawn for offences punishable under Section 120-B IPC and under Section 302 of the IPC read with Section 149 IPC, he made a finding of conviction against the accused.

3. Moreover, through a separate sentencing order drawn on 01.04.2013, the learned trial Judge proceeded to impose upon the convict (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner :-

    Convicts Subhash @ Makkar, Ram Kumar, Baru Ram and Santro.

u/s 302 read with Section 149 IPC

All the convicts/accused are sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each. In default of payment of fine, the convicts/accused shall further undergo rigorous imprisonment for a period of 15 days.

u/s 120-B IPC

All the convicts

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