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2010 Supreme(HP) 516

SANJAY KAROL, DEEPAK GUPTA
STATE OF H. P. – Appellant
Versus
ARJUN DEV – Respondent


Advocates appeared:
For the Appellant:Mr.Vivek Singh Thakur, Additional Advocate General. For the Respondent:Mr.Vinay Thakur, Advocate.

JUDGMENT

Deepak Gupta, J.(Oral)-This appeal by the State is directed against the judgment dated 3.1.1996 passed by the learned Sessions Judge, Una in Sessions Case No.22 of 1995, whereby he acquitted the accused of having committed offences punishable under Sections 302, 120-B and 201 IPC.

2. Brief facts of the case are that deceased Nisha Rani was the sister of accused Arjun Dev and daughter of the second accused Baldev Singh. The undisputed facts are that on 8.1.1995 Nisha Rani was murdered by strangulation. It is also not disputed that her body was found sometime after 9 a.m. in the morning. The body was taken to the Hospital at Daulatpur Chowk. The Doctor at the Hospital informed PW-14 SI Kuldip Singh, the Investigating Officer, that a dead body of a young girl had been brought to the Hospital having marks of a rope on her neck. The Investigating Officer immediately went to the Hospital after recording the factum of his departure in the daily diary. In the Hospital, Baldev Singh made a statement which was recorded under Section 154 Cr.P.C. This statement is Ext.PJ. In this statement Baldev Singh stated that Nisha Rani is one amongst his four daughters and he has two sons accuse











































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