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2018 Supreme(P&H) 1825

T.P.S.MANN, DEEPAK SIBAL
State of Haryana – Appellant
Versus
Anoop Alias Bangla – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kapil Aggarwal

JUDGMENT AND ORDER :

Deepak Sibal, J.

Through the instant application filed under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short the Cr.P.C.), the State of Haryana seeks leave to appeal against the judgment dated 02. 08. 2016 passed by the Additional Sessions Judge, Bhiwani (for short the trial court) acquitting the respondents of the charges framed against them under Sections 302/201/34 of the Indian Penal Code (for short the IPC) by extending to them the benefit of doubt.

2. The case of the prosecution, in brief, is that on 26. 09. 2014, a telephonic message was received by the police from Sandeep, Sarpanch of Village Haluwas, through which information was given that a dead body of an unknown person was found in a well. Acting upon such information, a police party was dispatched to the spot, where, as per the received information, a dead body was found in a well. The same was taken out. Photographs of the dead body as well as the place of occurrence were taken.

3. On search, two papers were found from the pocket of the deceased, on one of which, name of Vinod and mobile number of one Naresh was mentioned. When contacted, Naresh informed the police that Vinod was h














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