SUDHANSHU DHULIA, SANJAY KUMAR
Dinesh Kumar – Appellant
Versus
State of Haryana – Respondent
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
Ajit Singh v. State of Maharashtra (2011) 14 SCC 401 [Para 12] – Relied
Anjan Kumar Sarma & Others v. State of Assam (2017) 14 SCC 359 [Para 12] – Relied
Jones v. National Coal Board (1957) 2 All ER 155: (1957) 2 WLR 760 [Para 11] – Relied
Malleshappa v. State of Karnataka (2007) 13 SCC 399 [Para 12] – Relied
Nizam & Anr. v. State of Rajasthan (2016) 1 SCC 550 [Para 12] – Relied
Ram Chander v. State of Haryana AIR 1981 SC 1036 [Para 11] – Relied
Sessions Judge, Nellore v. Intha Ramana Reddy
State of Goa v. Sanjay Thakran (2007) 3 SCC 755 [Para 12] – Relied
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