Dharma @ Dharam Singh vs State Of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1133

ABHAY S. OKA, PANKAJ MITHAL
Dharma @ Dharam Singh – Appellant
Versus
State Of Haryana – Respondent

Advocates appeared:
For the Appellant(s) Mr. Sunny Choudhary, AOR Mr. Mayur Chaturvedi, Adv. Mr. Karan Bishnoi, Adv.
For the Respondent(s): Mr. Dinesh Chandra Yadav, A.A.G. Mr. Samar Vijay Singh, AOR Mr. A. S. Rishi, Adv. Mr. Ishwar Chand, Adv. Mr. Manoj Gautam, Adv. Mr. M. K. Bansal, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv. Mr. Aman Dev Sharma, Adv.

JUDGMENT :

(Abhay S.Oka, J.)

Heard the learned counsel appearing for the parties.

2. This is an appeal against the order of conviction of the appellants who are accused Nos.1 and 2. The appellants were convicted by the Trial Court for the offence punishable under Section 302 read with 34 of the Indian Penal Code (for short "IPC"). The allegation against them was of intentionally committing murder of one Sarabjit Singh who was the Sarpanch of the concerned village. The incident is of 23rd June, 1992. The order of conviction by the Trial Court has been affirmed by the impugned judgment of the High Court. We may note here that this Court by the order dated 9th July, 2012 enlarged the appellants on bail by noting that they have already undergone incarceration for a period of about eight years.

3. As the Advocate-on-Record of the appellants was elevated as a Judge of a High court, notice for making alternative arrangement was issued to both the appellants. Notice was served to the second appellant, but could not be served to the first appellant for want of complete address. Therefore, the appeal as far as the first appellant is concerned has been dismissed for non-prosecution. This being a

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