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2019 Supreme(P&H) 1304

RAJIV SHARMA, HARINDER SINGH SIDHU
Harbir – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant : V.S. Rana, Legal Aid Counsel,
For the Respondents: Shubhra Singh, Addl. AG.

JUDGMENT :

Harinder Singh Sidhu, J.

This appeal is instituted against the judgment and order dated 31.05.2010/01.06.2010 of the Additional Sessions Judge, Panipat in Sessions Case No. 42 of 2008 whereby the appellants, who along with Ravi son of Ishwar were charged with and tried for offences punishable under Sections 302/396/34 of the Indian Penal Code (in short 'IPC'), have been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/-, each, under Section 302/149 IPC and in default to undergo further simple imprisonment for a period of two months. They were also sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/-, each, under Section 396/149 IPC and in default to undergo further simple imprisonment for a period of two months. The sentences were ordered to run concurrently. Ravi son of Ishwar was acquitted.

2. The case of the prosecution in a nutshell was that Naseeb Singh s/o Bir Singh got his statement recorded before SI/SHO Pawan Kumar on 23.06.2008 to the effect that he was a resident of Khotpura, Police Station Sadar, Panipat. He was a labourer. He had three sons and one daughter. His son Mahinder (19 years) us

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