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2024 Supreme(SC) 552

B. R. GAVAI, SANDEEP MEHTA
Gaurav Maini – Appellant
Versus
State Of Haryana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. T. Mahipal, AOR Mr. T. N. Singh, AOR Ms. Kiran Suri, Sr. Adv. Ms. Bharti Tyagi, AOR Mr. Vikash Kumar, Adv. Ms. Bhakti Pasrija, Adv.
For the Respondent(s): Mr. S. Udaya Kumar Sagar, A.A.G. Ms. Bina Madhavan, Adv. Dr. Monika Gusain, AOR

JUDGMENT :

Mehta, J.

1. The appellants were subjected to trial in the Court of learned Additional Sessions Judge, Panchkula(hereinafter being referred to as the ‘trial Court’) in Sessions Case No. 11 of 2003 for the offences punishable under Sections 364A, 392 and 120B of the Indian Penal Code, 1860(hereinafter being referred to as ‘IPC’). Vide judgment and order dated 26th September, 2005, the learned trial Court held the appellants guilty for the above mentioned offences and sentenced them as below: -

Provision under which convicted

Sentence

Section 364A IPC

Life imprisonment and a fine of Rs. 10,000/- and in default, further undergo rigorous imprisonment for one year.

Section 392 IPC

Rigorous imprisonment for five years and a fine of Rs. 5,000/- and in default, further undergo rigorous imprisonment for six months.

Section 120B IPC

Life imprisonment and a fine of Rs. 10,000/- and in default, further undergo rigorous imprisonment for one year.

2. Being aggrieved by the conviction and sentences awarded by the learned trial Court, the appellants preferred separate appeals before the Punjab and Haryana High Court. The Division Bench of t

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