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2019 Supreme(P&H) 2544

MANJARI NEHRU KAUL
Parveen – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjiv Kumar Aggarwal, Advocate
For the Respondent: Mr. Ayuwan Singh, Adv

JUDGMENT :

MANJARI NEHRU KAUL, J.

1. The instant appeal has been preferred against the impugned judgment of conviction dated 07.11.2003 and order of sentence dated 12.11.2003 passed by the Sessions Judge, Sonipat vide which the accused/appellant was convicted under Sections 429 and 435 IPC and sentenced as under:-

Under Section

Sentence

429 IPC

Rigorous imprisonment for two years.

435 IPC

Rigorous imprisonment for three years and fine Rs.3000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year.

Both the sentences were ordered to run concurrently.

2. The prosecution case in brief is that on 11.02.2001 at about 9:40 P.M. complainant Zile Singh (PW4) made a statement Ex.PB to the effect that the appellant/ accused Parveen had been causing harassment to the complainant party as he wanted to construct a passage after breaking a wall towards their side of the house. A compromise had been effected between the parties repeatedly with the intervention of the village respectables. As per the complainant, on the intervening night

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