In the High Court of Punjab and Haryana at Chandigarh Reserved on: 17.12.2024 Date of Decision: 07.1.2025 State of Haryana ......Appellant Versus Sukhwinder Singh @ Sukha and another ......Respondents 2. CRA-D-318-DB-2005 (O&M)

Sukhwinder Singh @Sukha ......Appellant Versus State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vinod Ghai, Senior Advocate with Mr. Naresh Jain, Advocate and Mr. Yadwinder Singh, Advocate for the appellant(s).

Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana.

Mr. K.S.Godara, Advocate for respondent No. 1 (in CRA-D-124-DBA-2006).

Mr. K.B.Raheja, Advocate for respondent No. 2 (in CRA-D-124-DBA-2006).

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SURESHWAR THAKUR , J. (ORAL)

1. Since both the appeals (supra) arise from a common verdict, made by the learned trial Judge concerned, upon Sessions case bearing No. 24 of 2003, hence both the appeals (supra) are amenable for a common verdict being made thereons.

2. CRA-D-318-DB-2005 is directed against the impugned verdict, 2025.01.09 12:14 as made on 7.2.2005, upon Sessions case bearing No. 24 of 2003, by the learned Sessions Judge, Sirsa, wherethrough, in respect of charges respectively drawn against the accused qua offences punishable under Sections 302, 201, 120-B, 34 IPC and under Section 27 of the Arms Act, thus the learned trial Judge concerned, proceeded to record a finding of conviction against the accused Constable Sukhwinder Singh and Gurvir Singh @ Goga qua commission of offences punishable under Sections 302/34 and 201/34 IPC. However, the accused Rajdeep and Sukhwinder Singh son of Jagdev Singh were acquitted of the charges framed against them.

3. Moreover, through a separate sentencing order dated 14.2.2005, the learned trial Judge concerned, sentenced both the convicts (supra) to undergo rigorous imprisonment for life for an offence punishable under Section 302/34 IPC, besides also imposed, upon the said convicts sentence of fine, as comprised in a sum of Rs. 1,00,000/- each, besides in default of payment of fine amount, he sentenced both the convicts to undergo rigorous imprisonment for a period of five years. Furthermore, the learned trial Judge concerned, also sentenced both the convicts (supra) to undergo rigorous imprisonment for a period of seven years for an offence punishable under Section 201/34 IPC. The learned trial Court also ordered that the fine amount, if realised, be paid to the widow of the deceased in lieu of compensation.

4. Both the above imposed sentences of imprisonment, were ordered to run concurrently but the period of detention undergone by the convicts, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed sentence(s) of imprisonment.

5. The accused-appellant Sukhwinder Singh @ Sukha becomes aggrieved from the above drawn verdict of conviction, besides also, become aggrieved from the consequent thereto sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the criminal appeal bearing No. CRA-D-318-DB-2005

6. Convict Gurveer Singh alias Gora also became aggrieved from the consequent thereto sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has also chosen to institute thereagainst the criminal appeal bearing No. CRA-D-252-DB-2005. However, since the said convict expired, during the pendency of the appeal (supra), therefore, vide order dated 17.12.2024, the said appeal became to become abated and was disposed of as such.

7. The State of Haryana has also instituted criminal appeal bearing No. CRA-D-124-DBA-2006 with a prayer that the impugned verdict (supra) of the learned trial Court, wherebys the accused concerned become acquitted, rather be modified, and, accused Sukhwinder Singh @ Sukha and Rajdeep be also convicted and sentenced fo