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1997 Supreme(SC) 1310

G.N.RAY, G.B.PATTANAIK
Sukhbir Singh – Appellant
Versus
State Of Haryana – Respondent


ORDER

In this appeal the conviction and sentence passed against the appellant by the learned Designated Court Bhiwani at Hissar on 6.2.1988 in Sessions Trial No. 49/87 are under challenge.

2. Mrs. KTS Tulsi, learned senior counsel has appeared for appellant No. 1 Sukhbir Singh and Mr. Som Raj Dutt, learned senior counsel has appeared for the remaining appellants. The appellant Sukhbir Singh has been convicted by the learned Designated Court under Section 302 and Section 307 read with Section 149 Indian Penal Code. The other appellants have also been convicted under Section 302 and Section 307 read with Section 149 IPC. Although the said appellants have been convicted under the Arms Act, but no separate sentence has been passed for such offence.

Mr. Tulsi has submitted that initially the appellants were also charged for the offence under Terrorist and Disruptive Activities Prevention Act, 1985 (hereinafter referred to as TADA). The learned Designated Court thereafter assumed jurisdiction and proceeded with the trial. Considering the materials on record, the learned Designated Judge inter alia came to the finding that no case for an offence under TADA had been made out. Therefore, an o






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