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2014 Supreme(SC) 305

K.S.RADHAKRISHNAN, DIPAK MISRA
Om Prakash – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Dipak Misra, J. –

1. The present appeals, by special leave, have been preferred against the common judgment and order dated 18.03.2005 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 78-DB & 146-DB of 1997 with Criminal Revision No. 219 of 1997 whereby the court has declined to interfere with the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Hisar in Sessions Case No. 40 of 1993 for the offences under Sections 148 and 302 read with Section 149 of IPC and affirmed the sentences of imprisonment for life and payment of fine of Rs. 1000/- by each with the default clause under Section 302 read with Section 149 of IPC and rigorous imprisonment of two years under Section 148 IPC with the stipulation that both the sentences shall be concurrent.

2. Shorn of unnecessary details, the prosecution version is that on 28.06.1993 the informant, Satbir Singh, PW 3, along with his two brothers, namely, Mahinder Singh, PW 7 and Prabhu Dayal (deceased) had gone to Hisar to enroll themselves in the Border Security Force for which interviews were being held at Hisar. About 3.00 p.m. all of them returned from Hisar in



































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