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2023 Supreme(SC) 476

SUDHANSHU DHULIA, SANJAY KUMAR
Dinesh Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. A. Sirajudeen, Sr. Adv. (SCLSC) Mr. Naresh Kumar, AOR Mr. Keerthik Vasan, Adv.
For the Respondent(s): Mr. Dinesh Chander Yadav, A.A.G. Mr. A.S. Rishi, Adv. Mr. Ishwar Chand, Adv. Mr. M.K. Bansal, Adv. Dr. Monika Gusain, AOR

JUDGMENT :

Sudhanshu Dhulia, J.

1. The appellant, and one Mange Ram, were convicted in Sessions Trial No. 47 of 2000, for offences under Sections 302/364/392/394/201 read with Section 34 of Indian Penal Code (‘IPC’), by the learned Additional Sessions Judge, Jagadhri, Haryana. They were awarded life sentence under Section 302 IPC, and lesser sentence on the remaining convictions, vide order dated 11.07.2003. The two then filed separate appeals before Punjab and Haryana High Court. During the pendency of his appeal the co-accused Mange Ram passed away on 24.10.2004, and his appeal stood abated vide order dated 11.05.2017. The appeal of the present appellant was dismissed and the conviction and sentence of the trial court was upheld by the High Court, vide its order dated 31.05.2017. His SLP before this Court was given leave on 28.03.2022.

We have heard at length, the learned senior counsel Mr. A. Sirajudeen for the appellant and Mr. Dinesh Chander Yadav, learned Additional Advocate General for the State of Haryana.

2. The case of the prosecution is entirely based on circumstantial evidence. The ‘evidence’ of last seen and the “discoveries” made from the information given by the appellan


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