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2023 Supreme(SC) 296

ABHAY S. OKA, RAJESH BINDAL
Anwar @ Bhugra – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ankur Mittal, AOR Ms. Zinnea Mehta, Adv. Ms. Nidhi Mittal, Adv.
For the Respondent(s): Mr. Piyush Hans, Adv. Dr. Monika Gusain, AOR

JUDGMENT :

RAJESH BINDAL, J.

1. The appellant convicted by the trial court and his conviction and sentence having been confirmed by the High Court under Sections 394 and 397 of the Indian Penal Code, 1860 as well as under Section 25 of the Arms Act, 1959, has filed the present appeals before this Court.

2. The facts as available on record are that FIR No. 104 dated 05.04.1994 was registered at P.S. Gharaunda, (Haryana) under Sections 394 and 397 of the Indian Penal Code, 1860 (for short ‘the IPC’). On 04.04.1994, Jahid (PW-4), the complainant had come to village Barsat for purchasing grocery items from his village Rana Majra. While he was returning to his village after purchasing the goods, he was apprehended by three persons near the cremation ground at about 8.00 P.M. They asked him to hand over whatsoever he had otherwise he would be eliminated. When Jahid (PW-4), the complainant, disclosed to them that he possessed only grocery items, two of them started giving him fist and leg blows. The accused were armed with drant, knife and pistol. The person who was having knife forcibly took his wrist watch.

3. In the meanwhile, a tractor came from side of village Barsat. Seeing the same, Ja


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