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2015 Supreme(SC) 1189

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
State of Punjab – Appellant
Versus
Bittu & Anr. Etc. Etc. – Respondent


Judgment :

Pinaki Chandra Ghose, J.

1. These appeals by special leave have been directed against the judgment and order dated 11.8.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-341, 407, 607 and 772 of 2004 whereby the High Court allowed the criminal appeals filed by the respondents herein and acquitted them from offence punishable under Section 302, 364, 201, 120B of the Indian Penal Code, 1860 [hereinafter referred to as “IPC”].

2. The brief facts necessary to dispose of these appeals are that on 9.10.2002, a police party headed by SHO Jaswinder Singh, along with other police officials, was on patrolling duty in the area of truck union, Bhawanigarh. The complainant Gurdip Singh son of Arjan Singh, resident of Village Kasba Bharawal, Police Station Malerkotla came there and got his statement recorded with the SHO Jaswinder Singh, to the following effect: That on the preceding night at about 2:00 a.m., when he was performing his duty at the Dera Kar Sewa, Balad Crossing, Bhawanigarh, he saw the accused persons Bittu, Neetu, Tony, Jagdeep @ Michu and Ashok Kumar @ Rocky (deceased), who were known to him, coming towards the Dera from Bhawanig















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