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2007 Supreme(SC) 869

ARIJIT PASAYAT, D.K.JAIN
State of Haryana – Appellant
Versus
Surender. etc. – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment rendered by a Division Bench of the Punjab and Haryana High Court directing acquittal of the respondents who were found guilty of offences punishable under Sections 302 and 394 read with Section 397 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to undergo life imprisonment and 10 years respectively.

2.Background facts in a nutshell are as under :

On 1.2.1994 Sushila Devi (PW-14) along with her brothers Purshotam (hereinafter referred to as ‘deceased’) and Yashbir (PW-13) boarded a train at Sakurbasti (Delhi) at 6.30 p.m. for coming to Rohtak for treatment of Yashbir in Medical College and Hospital, Rohtak. When the train was in motion between Railway Stations Dehkora and Sampla, four unidentified and unknown persons description of whom were given in the report Ex./PD/1 allegedly entered into the compartment where deceased along with Yashbir and Sushila Devi was sitting and one of the assailants stood near deceased and shouted to take out whatever they had in their possession. Deceased-Purshotam asked him to wait. Meanwhile the said young man again shouted asking Purshotam to hand over m









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