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2023 Supreme(P&H) 1316

KULDEEP TIWARI
Amandeep @ Kalu – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Ms. Mehak Sawhney, Advocate Legal Aid Counsel for the appellant.
Mr. Anmol Malik, DAG, Haryana.

KULDEEP TIWARI, J.

1. Through the present appeal, the appellant-accused has challenged the verdict of conviction, and, order of sentence dated 25.01.2014, passed by the learned Additional Sessions Judge, Kurukshetra, in case FIR No.55 of 29.10.2013, registered under Sections 392, 328, 379 and 506 of Indian Penal Code (hereinafter referred to as 'IPC'), at Police Station G.R.P. Kurukshetra, District Kurukshetra, whereby, he has been convicted for the offence punishable under Section 328 of IPC, and, has been sentenced to undergo rigorous imprisonment for a period of five years, and, to pay a fine of Rs.50,000/-, and, in default of payment of fine, to further undergo simple imprisonment for a period of six months.

2. The prosecution story unfolds from the statement, Ex.P2, of Udaharn Dass (PW2) (hereinafter referred to as 'complainant'), as recorded by A.S.I., Shish Pal (Investigation Officer/PW10), on 29.10.2013, at about 15:30 hours, while being present at Platform No.01, Railway Station, Kurukshetra. The relevant extract of statement, Ex.P2, is extracted hereunder:-

    “I have been residing here for the last approx. one year. There was a special worship going on at Gita Kunj Ashram, Jyo

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