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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, Ramesh Chander Dimri, JJ
Pardeep – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of charges, procedural history, and conviction at the sessions level. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. summary of rival contentions regarding circumstantial evidence and motive. (Para 7 , 8) |
| 3. failure to prove oral dying declaration and contradictions in circumstantial testimony. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. inadequacy of recovery evidence under s.27 evidence act and lack of forensic linkage. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. final outcome: acquittal due to failure to prove guilt beyond reasonable doubt. (Para 21 , 22) |
1. The present appeal assails the judgment of conviction dated 03.12.2013 and the order of sentence dated 05.12.2013 rendered by the Court of Sessions Judge, Sonepat emanating from FIR No.158 dated 30.06.2011 under Sections 302, 303, 216, 178 and 120-B/34 Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and Section 25 of the Arms Act, 1959 registered at Police Station Sadar, Sonepat. Vide order dated 05.12.2013 the appellant was sentenced as under :
| Section | Sentence | Fine | Sentence in default of fine |
|---|---|---|---|
| 302 IPC | Rigorous imprisonment for life | ₹75,000 | Rigorous imprisonment for one year |
| 25 Arms Act | Rigorous imprisonment f |
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