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2023 Supreme(P&H) 3006

N. S. SHEKHAWAT
Sahab Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. Nagar Singh, Advocate for Mr. A.S Virk, Advocate; For the Appellant
For the Respondent:Mr. Rajinder Kumar, Deputy Advocate General, Haryana.
Mr. Ashit Malik, Advocate, for the Complainant.

JUDGMENT

Mr. N.S.Shekhawat, J.

The present appeal is directed against the judgment of conviction dated 01.12.2004 and order of sentence dated 06.12.2004, passed by the Court of Additional Sessions Judge (Adhoc), Fast Track Court, Kurukshetra, whereby the appellants have been convicted for the commission of the offences punishable under Sections 307 , 323, 506 read with Section 34 of IPC and were sentenced as under:-

Under Section 307 read with Section 34 of the INDIAN PENAL CODE

Rigorous imprisonment for three years and to pay a fine of Rs.3000,/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for three months.

Under Section 506 read with Section 34 of the INDIAN PENAL CODE

Rigorous imprisonment for six months.

2. During the pendency of the present appeal, Sher Singh, appellant No.2 had expired and the appeal was pursued only on behalf of appellant No.1 Sahab Singh.

3. The brief facts of the prosecution are that on receipt of a ruqa from Community Health Centre, Shahabad on 17.10.2001, ASI Kartar Singh reached there and inquired about the injured Balkar Singh. However, he was informed that Balkar Singh, injured had been referred to the PGI,

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