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2023 Supreme(SC) 999

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA, PRASHANT KUMAR MISHRA
Phulel Singh – Appellant
Versus
State of Harayana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. T. L. Garg, AOR
For the Respondent(s): Mr. Samar Vijay Singh, AOR Mr. Raj Singh Rana, A.A.G. Mr. Pankaj Kumar Singh, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv. Mr. Aman Dev Sharma, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. This appeal challenges the judgment and order dated 24th July 2009 passed by the Division Bench of the High Court for the States of Punjab and Haryana in Criminal Appeal Nos. 413-DBA of 2001 and 909-SB of 1999 along with Criminal Revision No. 134 of 2000, wherein the Division Bench partly allowed the appeal filed by the accused persons; whereby Jora Singh (Accused No. 1), father of the appellant herein was acquitted of the charge under Section 304-B of the Indian Penal Code, 1860 (“IPC” for short) and the conviction and sentence qua the appellant herein rendered by the learned court of Mrs. Nirmal Yadav, Sessions Judge, Sirsa (hereinafter referred to as “the trial court”) in Sessions Trial No. 122 of 1994 vide judgment and order dated 14th September 1999 for the offence punishable under Section 304-B of IPC and sentence to undergo rigorous imprisonment for a period of seven years was upheld. Whereas, Criminal Appeal No. 413-DBA of 2001 filed by the State of Haryana and Criminal Revision No. 134 of 2000 filed by Pavitar Singh (PW-3), brother of Kiran Kaur (hereinafter referred to as “deceased”) challenging the acquittal of the accused persons for the charg


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