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N.S.HEGDE, SHIVARAJ V.PATIL, B.P.SINGH
Bhim Singh – Appellant
Versus
State of Haryana – Respondent


Counsel for the Parties :
For the Appellant :Sushil Kumar, Sr. Advocate, J.K. Das, Sanjay Jain, Adolf Mathew, Advocates.
For the Respondent:Aditya Kumar Chaudhary and Ranbir Singh Yadav, Advocates.

Judgment

Santosh Hegde, J.—The appellant along with 3 others was charged for offences punishable under Section 302 read with Section 34 IPC and Sections 25 and 27 of the Arms Act (the Act). In the said trial, the appellant was arrayed as accused No. 4 (A-4) before the Sessions Judge, Rohtak. After trial, the learned Sessions Judge came to the conclusion that the prosecution has failed to prove the case against all the accused persons and acquitted all of them of the charges. It is relevant to mention herein that during the trial A-1 Kanwar Singh died and the proceedings had abated as against him. Being aggrieved by the order of acquittal, the State preferred an appeal before the High Court of Punjab & Haryana at Chandigarh in Crl. Appeal No.238/DBA/89. The High Court by its judgment dated 9.11.1995 allowed the appeal so far as the present appellant is concerned, and convicted him of an offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life with a fine of Rs. 5,000/- in default to further undergo RI for one year. The High Court also found the appellant guilty of an offence punishable under Sections 25 and 27 of the Arms Act and imposed a sentenc

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