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2014 Supreme(Del) 2195

PRADEEP NANDRAJOG, MUKTA GUPTA
Chetan – Appellant
Versus
State – Respondent


Advocate Appeared
For the Appellants:Meena Chaudhary Sharma, Hiren Sharma, Advocates.
For the Respondent: Lovkesh Sawhney, APP.

Judgment

Mukta Gupta, J.

1. The appellants Chetan and Rohtas, the two brothers are convicted for the murder of Bhopal Singh punishable under Section 302/34 IPC and Chetan for Section 25 Arms Act as well by the impugned judgment dated September 18, 1999 and vide order dated September 28, 1999 they have been directed to undergo imprisonment for life and to pay a fine of Rs.1000/-each for offence punishable under Section 302/34 IPC. Chetan has also been directed to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/-for offence punishable under Section 25 Arms Act.

2. Learned counsel for Chetan and Rohtas assail the judgment on the ground that Bijender and Mamchand are planted witnesses. They know nothing about the incident. As per the testimony of Bijender the place of occurrence has been shifted to the house of Harpal whereas actually it was an open plot. Admittedly, there are variations in the rough site plan and scale site plan. Even as per the PCR call Bijender reached at the spot at 8.30 PM whereas incident took place at 7.40 PM and thus he could not be an eye-witness. Mamchand is a Police informer and has deposed in number of cases. Though the MLC notes tha































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