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2023 Supreme(SC) 1118

SANJIV KHANNA, BELA M. TRIVEDI
Sanjay Babu Lal – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. D.N. Gobardhun, Sr. Adv. Mrs. Yugandhara Pawar Jha, AOR Mr. Kunal Verma, Adv. Ms. Lavanya Dhawan, Adv. Mr. Ashwin Kumar Nair, Adv.
For the Respondent(s): Ms. Ruchi Kohli, AAG Ms. Srishti Mishra, Adv. Mr. Samar Vijay Singh, Adv./AOR

ORDER :

1. As the petitioner-Sanjay Babu Lal is confined to jail, delay of 1606 days in filing the review petition is condoned.

2. Having heard learned counsel for the parties, the review petition is allowed. The order dated 31.08.2018 is recalled and SLP (Crl.) No. 7528/2018 stands restored to its original number and file.

3. Leave granted in SLP (Crl.) No. 7528/2018.

4. We have perused the trial Court records with reference to the statement of Lt. Col. (Dr.) T.S. Bhatti (PW-11), the statement made by the appellant-Sanjay Babu Lal under Section 313 of the Code of Criminal Procedure, 1973, as also, Exhibits PQ (Medical Case Sheet), PR (Proceedings of Medico-legal case) and PV (Site Plan). We have also perused the photographs, which are marked as Exhibits PC to PE.

5. Having regard to the aforesaid photographs, we do not think that the appellant-Sanjay Babu Lal has made out a case for acquittal. We are not inclined to interfere with the conviction of the appellant-Sanjay Babu Lal for the offences punishable under Section 304B and Section 498A of the Indian Penal Code, 1860.1 [In short ‘IPC’.]

6. However, keeping in view the facts and circumstances of the case, including the factum that th


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