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2024 Supreme(SC) 114

VIKRAM NATH, SATISH CHANDRA SHARMA
Abdul Jabbar – Appellant
Versus
State Of Haryana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Deepkaran Dalal, Adv. Mr. Karan Singh Dalal, Adv. Mr. Raunaq Dalal, Adv. Mr. Deepkaran Dalal, AOR
For the Respondent(s): Mr. Raj Singh Rana, A.A.G. Mr. Samar Vijay Singh, AOR Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv. Ms. Nilakashi Choudhury, Adv.

ORDER :

1. Leave granted.

2. The decision of the High Court of Punjab & Haryana (the “High Court”) in Criminal Revision Petition bearing number CRR No. 3005 of 2013 is assailed before us.

3. The Appellant was prosecuted along with 3 (three) other persons for offences punishable under Section 452, Section 323 and Section 325 of the Indian Penal Code (the “IPC”). Thereafter, vide an order dated 22.04.2013, the Appellant came to be convicted by the Chief Judicial Magistrate, Nuh, Haryana (the “Trial Court”) in relation to offences punishable under (i) Section 323 read with Section 34; and (ii) Section 325 read with Section 34 of the IPC. Accordingly, the Trial Court sentenced the Appellant as under:

Offence(s)

Period of Sentence

Fine Imposed

323/34 IPC

03 Months

-

325/34 IPC

01 Year INR

500

    (the “Trial Court Order”).

4. The Trial Court Order was assailed before the Additional Session Judge, Nuh unsuccessfully, and thereafter challenged before the High Court. Vide an order dated 01.05.2023, the High Court partly allowed the Criminal Revision Petition i.e., upheld the conviction recorded by the Trial Court, however, on account o

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