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2004 Supreme(SC) 289

ARIJIT PASAYAT, DORAISWAMY RAJU
Dhanaj Singh @ Shera – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

Arijit Pasayat, J.-There are some unusual cases when the complainant himself is treated as an accused and made to suffer a trial. The present appeal is a case of that nature. But the persons against whom he made accusations subsequently faced trial, and are the accused so far as the present appeal is concerned. The appellants have been convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) and sentenced to undergo imprisonment for life and a fine of Rs.1000/- with default stipulation. The conviction made and the sentence imposed by the Additional District and Sessions Judge, Bhatinda were confirmed by the impugned judgment by a Division Bench of the Punjab and Haryana High Court.

2. The prosecution version as unfolded during trial is as follows:

The present three appellants along with Jagrup Singh and Nachhattar Singh faced trial for alleged commission of murder of one Sukhmander Singh (hereinafter referred to as the deceased ). The five accused persons including two who had been acquitted i.e. Jagrup Singh Nachhattar Singh were charge sheeted for allegedly hatching a conspiracy for committing the murder of












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