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2009 Supreme(SC) 394

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Suresh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellants:Sanjay Rathi, Kapil Kr. Dagar, Jamshed Bey, Parmanand Gaur, Prem Malhotra, Advocates. For the Respondent:T.V. George, Advocates.

Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted in S.L.P (Crl.) No.2007 of 2008.

2. These appeals are directed against the judgment of the learned Single Judge of the Punjab and Haryana High Court upholding the conviction of the accused-appellants and two others for offence punishable under Sections 326 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC). However, the sentence of 10 years rigorous imprisonment as awarded by learned Additional Sessions Judge, Rohtak, was reduced to 7 years while the sentence of 3 years in respect of offence punishable under Section 326 read with Section 34 IPC was upheld. Seven persons faced trial before the learned Additional Sessions Judge, Rohtak, out of which four accused were convicted and remaining three were acquitted. During the pendency of the appeal before the High Court, accused Ram Kumar expired on 17.4.1995 and, therefore, Criminal Appeal No.493-SB/94 was held to have abated so far as he is concerned.

3. Out of the seven persons who faced trial, Jaibir, Ram Kumar, Suresh and Raj Kumar were convicted while accused Jaibir, Rajmal and Surender were acquitted.

4. Prosecution case, in a nutshell, is as follows:

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