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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Devender – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Since the criminal appeal(s) (supra) as well as the revision petition (supra), involve common questions of facts and law. Therefore, they are amenable to be decided through a common order.
2. CRA-290-DB-2006, CRA-392-DB-2006 and CRA-421-DB-2006 are directed by the convicts-appellants, against the verdict of conviction, as made on 28.03.2006, by the learned Additional Sessions Judge, Rewari, upon, Sessions Case No. 5 of 1999/2005, wherethrough, in respect of charges drawn for offences punishable under Sections 148, 302, 324 and 323 IPC read with Section 149 of the IPC, under Section 201 IPC and Section 27 of the Arms Act, he made a finding of conviction against the accused.
3. Moreover, through a separate sentencing order drawn on 30.03.2006, the learned trial Judge concerned, proceeded to impose upon the convicts (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner :-
Accused | Under Sections | Sentence | Fine | In default |
Kartar Singh, Sube Singh, Phool Singh, Samar Singh, Devender | 302/149 IPC | Rigorous Imprisonment for life | Rs. 2000/- each | R.I. for six months |
-do- | 148 IPC | Rigorous Imprisonment for one year | ||
-do- | 324/149 IPC | R.I. f | ||
(1) Evidence recorded in a criminal trial against any accused is confined to culpability of that accused only and it does not have any bearing upon a co-accused, who has been tried on the basis of ev....
(1) Order of retrial wipes out from record earlier proceeding and exposes present accused to another trial – Retrial cannot be ordered merely on the ground that prosecution did not produce proper evi....
The conviction of accused based on reliable testimonies of injured witnesses is valid, and the absence of independent witnesses does not undermine the prosecution's case.
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.
Separate trials for offenses arising from the same transaction violate procedural principles, necessitating correction to avoid miscarriage of justice. Identity of victims must be established with ad....
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