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2007 Supreme(SC) 1145

ARIJIT PASAYAT, D.K.JAIN
Dilawar Singh – Appellant
Versus
State of Delhi – Respondent


Counsel for the Parties :
For the Appellant :Rajeev Sharma and Naresh Kumar, Advocates.
For the Respondent:Nagendra Rai, Sr. Adv., M. Yunus Malik, Ashok Bhan and D.S. Mahra, Advocates.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of the learned Single Judge, Delhi High Court, dismissing the appeal filed by the appellant and affirming his conviction for offences punishable under Sections 452, 392 and 397 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentencing him to undergo one year, two years and seven years rigorous imprisonment respectively with fine in each case with default stipulation. The sentences were directed to run concurrently.

2.Prosecution version in a nutshell is as follows :

“Complaint was filed by Balwant Singh (hereinafter referred to as the Complainant-PW1) alleging as follows :

“On 8.8.1984 he was sitting at Kali Mata Ka Mandir, Udaseen Ashram at Village Taharpur, Shahdara, Delhi. He acts as a priest in the temple. Donations were collected from various persons to build the temple and he was maintaining the temple. He was residing at the temple and performing regular puja. On 8.8.1984 at about 9.30 p.m., after performing evening puja and aarti and after having dinner he was doing meditation when five persons including two accused persons namely the present appellant and one Ram Saran and three persons who











































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