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2021 Supreme(SC) 184

UDAY UMESH LALIT, INDIRA BANERJEE
YOGESH – Appellant
Versus
STATE OF HARYANA – Respondent


Advocates appeared:
For the Parties :V.C. Gautam, Raju Sonkar, Sunil Prakash Sharma, Rameshwar Prasad Goyal, M. C. Dhingra, Gaurav Dhingra, Raghvendra Shukla, Alka Agarwal, Monika Gusain, Sanjay Kumar Visen, Advocates

JUDGMENT

Uday Umesh Lalit, J.

These appeals arise out of the common judgment and final order dated 09.10.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeals No.D-719-DB of 2010, D-713-DB of 2010 and D-735-DB of 2010.

2. Eight persons, namely, Diwan Singh, Anuj, Sumit, Pardeep, Yogesh, Satbir, Parveen and Abhishek were tried in Sessions Case No.6 of 2004/2009 on the file of the Additional Sessions Judge, Jhajjar, Haryana, in connection with crime registered pursuant to FIR No. 188 dated 18.08.2004 with Police Station City, Bahadurgarh, Haryana, in respect of the offences punishable under Sections 302/364-A/376/216 read with Section 120-B of the Indian Penal Code, 1860 ("IPC" for short).

3. The crime was registered pursuant to the reporting (Ex.P.11) made by one Manoj Kumar (later examined as PW10 in the trial). The reporting made at 5.45 pm on 18.08.2004 was to the following effect:-

    "Sir,

    It is submitted that I am Manoj Kumar s/o Rameshwar Singh resident of House No. 650, sector -6. Today i.e. on 18/08/2004 (at noon) about 12.45 P.M my children, who use to study in B.S.M. Public school, were coming back to house, by bus after closing of their school, as

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