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2011 Supreme(P&H) 4

M.JEYAPAUL
Pawan Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellant:Mr. Akshay Partap Singh, Advocate, for
Mr. Jagat Singh, Advocate.
For the Respondent-State: Mr. Sukhvinder Singh Nara, Senior DAG Haryana.

JUDGMENT

Mr. M. Jeyapaul, J. (Oral):- The accused Pawan Kumar was convicted for offence under Section 394 of the Indian Penal Code and was sentenced to undergo four years rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default to undergo a further period of six months rigorous imprisonment. He was also convicted for offence under Section 25 of the Arms Act, 1959 and was sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo a further period of three months rigorous imprisonment. Hence, the appeal preferred by the accused/appellant.

2. The brief case of the prosecution as spoken to by the witnesses examined on its side is as follows :-

a) Anil Kumar Jain (PW2) was a businessman residing at Hisar. He having purchased articles for his shop, boarded Sirsa bound train on 14.04.1995. He remained all alone in the compartment after almost all the passengers got down from the train when it reached Bhiwani. Two young boys entered into his compartment at Bhiwani Railway Station. They sat on the seat in front of him. He had a bag containing his bed sheet, light carpet, pillow cover and three coins. Putting the bag underneath his h

















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