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2019 Supreme(HP) 1124

V.RAMASUBRAMANIAN, ANOOP CHITKARA
State of Himachal Pradesh – Appellant
Versus
Sanjiv Kumar Alias Sanju – Respondent


Advocates Appeared:
Ashwani Sharma, Adv., Sunil Dutt Vasudeva, Adv., Sanjay Dutt Vasudeva, Adv., Imran Khan, Adv., Tim Saran, Adv., Tilak Raj, Adv., Rattan Lal, Adv.

JUDGMENT :

Anoop Chitkara, J.

Aggrieved by the acquittal of all the accused of all charges, including that of murder, the State has come up before this Court under Section 378(4) of CrPC. These appeals trace their origin to a complaint made to the Police Station Barmana, District Bilaspur, HP, which culminated in the registration of FIR No. 88 of 1993, under Sections 302, 201, 382, 467, 468, 420, 210, and 411 read with Sections 120B and 34 of the Indian Penal Code. Two separate trials commenced because the police could not apprehend all the accused. Vide a common judgment dated May 15, 2002; the trial Court held the accused not guilty. The State has come up before this Court with these two separate appeals and both these appeals are being taken up together because they originate from the same FIR and collective judgment:

    (i) Criminal Appeal No. 703 of 2002, titled as State of Himachal Pradesh vs. Sanjiv Kumar @ Sanju, arising out of Sessions Trial No. 3 of 1995 and

(ii) Criminal Appeal No. 228 of 2007, State of Himachal Pradesh vs. Tilak Raj @ Jasbir @ Jassi (since deceased) & ot

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