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2011 Supreme(SC) 588

AFTAB ALAM, R.M.LODHA
Sunil Rai @ Paua – Appellant
Versus
Union Territory, Chandigarh – Respondent


JUDGMENT

Aftab Alam, J. —

1. Leave granted.

2. The three appellants are serving life sentences for committing murder of one Dile Ram. They were never on bail and have, thus, completed over ten years of incarceration. We, therefore, intended to grant leave in the case and release the appellants on bail. But, the counsel for the respondent stated that once released on bail it will be almost impossible to get hold of the appellants. We, accordingly, proceeded to hear the case on merits at the stage of special leave itself and at the conclusion of hearing we are dismayed to find that the appellants were convicted and sentenced on completely insufficient evidence.

3. The appellants are migrant workers who came to Chandigarh from different parts of the country in search of livelihood and were trying to eke out a living by working as rickshaw pullers. Appellant no.1, Sunil Rai alias Paua (accused no.1) had his money and clothes stolen by someone breaking open the lock of the box under the passenger seat of the rickshaw and the quarrel that took place, as a result of it, is said to be at the root of the alleged offence.

4. According to the prosecution case, on March 29, 2001 at about 8:3





















































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