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2006 Supreme(SC) 363

ARIJIT PASAYAT, S.H.KAPADIA
RAJ PAL – Appellant
Versus
STATE OF HARYANA – Respondent


Advocates who appeared in this case:
U.U. Lalit, Senior Advocate (Ms Sunita Sharma, Advocate, with him) for the Appellants;
Rajeev Gaur Naseem and T.Y. George, Advocates, for the Respondent.

Judgment

RUIT PASAYAT, J.-

1. Leave granted.

2. Challenge in this appeal is to the judgment of the learned Single Judge of the Punjab and Haryana High Court dismissing the appeals filed by the appellants. The learned Additional Sessions Judge, Gurgaon had convicted the appellants and one Dharam Singh for the offence punishable under Section 304 Part I read with Section 34 of the Penal Code, 1860 (in short "IPC"). They were also convicted for the offence punishable under Section 325 read with Section 34 IPC as well as Section 323 read with Section 34 IPC. They were sentenced to undergo RI for ten years and to pay a fine of Rs 2000; in default of payment of fine they were directed to undergo RI for six months for the first named offence. They were further sentenced to undergo RI for two years and six months respectively for other two offences. Fine of Rs 500 with default stipulation was imposed. Two other accused persons, namely, Vijay Singh and Rattan Singh were released on probation for a period of two years under Section 4 of the Probation of Offenders Act, 1958 (in short "the Probation Act") in respect of their conviction under Section 323 IPC. Accused Vijay Singh died on 22-5-1992





































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