Partly allowed

Manoharjit Singh and Ors. v. State of Haryana

Punjab & Haryana HC9 Oct 2014CRA-S/294/2004

Case brief

AI extract

What is this about?

This order disposed of two criminal appeals against conviction and sentence for offences under IPC and Arms Act. The court upheld the conviction but reduced the sentence of imprisonment to the period already undergone by the appellants due to a settlement between parties.

What did the court decide?

Conviction maintained but sentence of imprisonment reduced to period already undergone by appellants. Fine to be deposited within one month.

Manoharjit Singh and Ors. Vs State of Haryana — Cheque Dishonour | Punjab & Haryana HC (2014)

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Criminal Appeal-S-294-SB of 2004 Criminal Appeal-S-411-SB of 2004 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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1. Criminal Appeal-S-294-SB of 2004 Date of decision: 9.10.2014

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Manoharjit Singh and others

......Appellants

Versus

State of Haryana

......Respondent

2. Criminal Appeal-S-411-SB of 2004

Manoharjit Singh

......Appellant

Versus

State of Haryana

......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. A.S.Kalra, Advocate for the appellants.

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Mr. Chetan Sharma, AAG, Haryana.

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Complainant Jitender Kumar and injured Deepak Kumar and Rakesh Kumar in person with Mr. Sandeep Punchhi, Advocate.

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SABINA, J.

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Vide this order, above mentioned two appeals would be disposed of as they have arisen out of same occurrence.

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Appellants Manoharjit Singh, Jajwinder Singh and Jaswinder Singh had faced the trial qua commission of offence punishable under Section 324, 326, 307, 34 of the Indian Penal Code, 1860 (' IPC ' for short) in FIR No. 190 dated 10.10.2001, registered at Police Station Sadar Dabwali. Trial Court vide

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GURPREET SINGH 2014.10.27 14:58 I attest to the accuracy and authenticity of this document Chandigarh

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Criminal Appeal-S-294-SB of 2004 Criminal Appeal-S-411-SB of 2004 (O&M)

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judgment/order dated 27.1.2004 ordered the conviction and sentence of appellants under Section 324, 326, 307 read with Section 34 IPC.

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Appellant Manoharjit had also faced the trial qua commission of offence punishable under Section 25 of the Arms Act, 1959 (' Act ' for short) in FIR No. 193 dated 13.10.2001, registered at Police Station Sadar Dabwali and was convicted and sentenced under Section 25 of the Act by the Trial Court vide judgment/order dated 27.1.2004.

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Hence, the present appeals by the appellants.

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Learned counsel for the appellants has not challenged the conviction of the appellants under Section 324, 326, 307 read with Section 34 IPC and Section 25 of the Act but has submitted that sentence qua imprisonment of the appellants be reduced to the period already undergone by them as the parties have amicably settled their dispute.

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Complainant Jitender Kumar and injured Deepak Kumar and Rakesh Kumar are present in person and have admitted the factum of compromise between the parties and have stated that they have no objection if the sentence qua imprisonment of the appellants is reduced to the period already undergone by them.

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Keeping in view the facts and circumstances of the present case, it would be just and expedient to reduce the sentence qua imprisonment of the appellants to the period already undergone by them.

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Accordingly, conviction of the appellants under Section 324, 326, 307 read with Section 34 IPC and Section 25 of the Act is

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GURPREET SINGH 2014.10.27 14:58 I attest to the accuracy and authenticity of this document Chandigarh

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Criminal Appeal-S-294-SB of 2004 Criminal Appeal-S-411-SB of 2004 (O&M)

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maintained. However, sentence qua imprisonment of the appellants is reduced to the period already undergone by them. Fine as imposed by the Trial Court be deposited by the appellants within one month from today before the Trial Court, failing which these appeals shall be deemed to have been dismissed.

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Both the appeals stand disposed of accordingly.

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(SABINA) JUDGE

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October 09, 2014 Gurpreet

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GURPREET SINGH 2014.10.27 14:58 I attest to the accuracy and authenticity of this document Chandigarh

Manoharjit Singh and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Manoharjit Singh and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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