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2013 Supreme(SC) 1026

H.L.GOKHALE, KURIAN JOSEPH
STATE OF HARYANA – Appellant
Versus
RAJINDER – Respondent


ORDER

Leave granted.

2. Heard Mr. Vikas Sharma, learned counsel appearing for the State of Haryana and Mr. Salil Bhattacharya, learned counsel appearing for the respondent. This appeal by the State of Haryana seeks to challenge the judgment and order dated 18.9.2009 rendered by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.715-DB of 2004 whereby the respondent Rajinder son of Jita came to be acquitted from a charge under Section 302 I.P.C. amongst other charges.

3. The short facts leading to this appeal are this wise. The respondent herein along with some others were alleged to have murdered one Lachhman on 26.11.2002. There were in all 10 accused. They were tried for the offences under Sections 302, 452, 342, 148 & 149 of the Indian Penal Code and Section 25 of the Arms Act. The learned Sessions Judge by his judgment and order dated 23/27.7.2004 convicted all of them in Sessions Case No.13 of 2003 and sentenced them to life imprisonment along with other punishments. The respondent herein filed Criminal Appeal No.715-DB of 2004 before the High Court which came to be allowed by the Division Bench of the High Court acquitting him. Hence,


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