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Sangeet & Anr v Haryana

Sangeet & Anr v Haryana

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Published by: barandbench on Nov 21, 2012
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10/01/2013

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REPORTABLE
IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NOS.490-491 OF 2011SANGEET & ANR. ..AppellantsVERSUSSTATE OF HARYANA ..Respondent
J U D G M E N TMadan B.Lokur,J .
1.In these appeals, this Court issued notice limited to thequestion of the sentence awarded to the appellants. They wereawarded the death penalty, which was confirmed by the HighCourt. In our opinion, the appellants in these appeals againstthe order of the High Court should be awarded a life sentence,subject to the faithful implementation of the provisions of theCode of Criminal Code, 1973.
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The facts:
2.In view of the limited notice issued in these appeals, it isnot necessary to detail the facts. However, it may bementioned that as many as six persons (including theappellants) were accused of various offences under the IndianPenal Code (for short the IPC) and the Arms Act, 1959. They were convicted by the Additional Sessions Judge, Rohtak by his judgment and order dated 13
th
November, 2009 inSessions Case No. 47 of 2004/2009 of the offence of murder(Section 302 of the IPC), attempt to murder (Section 307 of theIPC), rioting, armed with a deadly weapon (Section 148 of theIPC), house trespass in order to commit an offence punishablewith death (Section 449 of the IPC) read with Section 149 of the IPC (every member of an unlawful assembly is guilty of anoffence committed in prosecution of a common object). Five of the accused were convicted of an offence under Section 25(1-B) of the Arms Act, 1959. Except the appellants, all of themwere given a sentence of rigorous imprisonment for life and
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payment of fine. The appellants, as mentioned above, weresentenced to death.3.The Trial Judge found the accused guilty of havingcommitted the murder of Ranbir, Bimla (his wife), Seema (wifeof Amardeep) and Rahul the three-year-old child of Amardeepand Seema and grandson of Ranbir.4.The Trial Judge found that accused Ram Phal believedthat Amardeep’s family had performed some black magicwhich led to the death of his (Ram Phal) son Ved Pal soon afterhis marriage. Apparently, with a view to take revenge, RamPhal and the other accused committed the crimesaforementioned.5.The Trial Judge found that the bodies of Ranbir, Bimla(his wife) and Seema (wife of Amardeep) had bullet injuries andother injuries inflicted by a sharp-edged weapon called ‘Kukri’. The body of Seema was also burnt from below the waist. Asfar as Rahul (a three-year-old boy) is concerned the upperportion of his head was blown off by a firearm injury.Amardeep also had a grievous injury but he survived and was
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