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2023 Supreme(SC) 608

ABHAY S. OKA, RAJESH BINDAL
Pradeep – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sunil Kumar Verma, AOR Mr. Virender Kumar, Adv. Mr. Yugal Kishor Prasad, Adv.
For the Respondent(s): Mr. Birender Kumar Choudhary, A.A.G. Mr. Samar Vijay Singh, AOR Mr. Keshav Mittal, Adv. Ms. Amrita Verma, Adv. Ms. Sabarni Som, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTS

1. The present appeal is by accused no.2. The appellant-accused no.2 has challenged the judgment and order dated 12th January 2009 of the Punjab and Haryana High Court by which appeal preferred by the appellant and accused No.1 against the order of conviction by the Sessions Court has been dismissed. The Sessions Court convicted the appellant and accused no. 1 for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (for short ‘IPC’) and Sections 449 and 324 read with Section 34 of IPC. The appellant and accused no.1 were sentenced to suffer life imprisonment for the offence punishable under Section 302 read with Section 34. For the offence under Section 449 read with Section 34, they were directed to suffer rigorous imprisonment for seven years. For the offence punishable under Section 324 read with Section 34 of IPC, they were sentenced to undergo rigorous imprisonment for one year. Both the appellant and the accused no. 1 Devender alias Vikki preferred appeal before the High Court which has been dismissed by the impugned judgment.

2. First Information Report was registered on the basis of the statement of PW-1, Aja


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