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2023 Supreme(P&H) 149

N. S. SHEKHAWAT
Manoj Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishal Sharma.
For the Respondent: Sheenu Sura.

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The present appeal is directed against the judgment of conviction dated 31.07.2012 and order of sentence dated 03.08.2012 passed by the learned Additional Sessions Judge, Gurgaon, whereby the appellant, namely, Manoj Kumar, was convicted for the offence punishable under Section 25 of the Arms Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1500/- alongwith a default stipulation.

2. Brief facts, which are necessary for the just and effective disposal of the present case are that the instant case was registered on the basis of the complaint moved by Balwan Singh son of Mohan Lal, resident of Gari Harsaru, District Gurgaon. As per the complainant, at about 08.30 PM on 18.09.2010, when he returned from the temple, he noticed that his children were standing in front of their house. He enquired from the children as to what happened and was informed that Udai Singh and Manoj son of Lilu Ram, both accused, were standing on the roof of the house of Udai Singh. The house of Udai Singh was on the back side of his house. After that, he went behind his house and found that Udai Singh and Manoj, both accused, w

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