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2006 Supreme(P&H) 2244

M.M.AGGARWAL
Jagdish Alias Raju – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.M.Aggarwal, J.

1. This is an appeal against judgment dated 25.11.1994 of Sessions Judge Kurukshetra whereby Jagdish alias Raju had been convicted for offenced under Section 404 IPC and was sentenced to 4 years RI and fine of Rs. 1,000/- in default, RI for 3 months.

2. Facts of the case are that present appellant and one Rajiv Rattan had, in fact, faced trial for offence under Section 302/34 and 404 IPC for the death of a lady namely Laxmi Rattan who died on 23.9.1992. However, they were acquitted for offence under Section 302/34 IPC. Rajiv Rattan was acquitted for offence under Section 404 IPC also, but some articles belonging to deceased lady had been recovered from the present accused-appellant and, therefore, present accused-appellant had been convicted for offence under Section 404 IPC.

3. Counsel for the appellant did not address arguments on merits but had prayed that a lenient view be taken.

4. The appellant had appeared in person, in Court. He appears to be handicapped. As per the age recorded in the trial Court judgment, appellant was 21 years of age. He is stated to have already undergone imprisonment for about 3 months. He being 21 years of age and convicted fo


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