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2024 Supreme(SC) 832

DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Baljinder Singh @ Ladoo – Appellant
Versus
State Of Punjab – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sanjay Jain, AOR
For the Respondent(s) Mr. Siddhant Sharma, AOR

JUDGMENT :

DIPANKAR DATTA, J.

THE APPEAL

1. This is an appeal, by special leave, by 4 (four) appellants. They call in question the judgment and order dated 04th May, 20111 [impugned judgment, hereafter] passed by the High Court of Judicature at Punjab and Haryana2 [High Court, hereafter] dismissing a criminal appeal3[Criminal Appeal No. 454-DB of 2001] under section 374(2) of the Code of Criminal Procedure, 19734[Cr. PC, hereafter]. Such appeal was preferred by the appellants, arraigned as “A-1”, “A-2”, “A-3” and “A-4” in the trial, and a co-accused (“A-5”). The judgment of conviction and the order of sentence dated 04th August, 2001, passed by the Additional Sessions Judge, Punjab5[Trial Court, hereafter] in a sessions case6[Sessions Case No. 121 of 1998] registered against A-1, A-2, A- 3, A-4 and A-5 was majorly upheld. While A-5 was acquitted, conviction of A-1, A-2, A-3 and A-4 and the sentence imposed upon them were maintained by the High Court. The Trial Court convicted A-4 under sections 148, 302, 307 of the Indian Penal Code7[IPC, hereafter] and section 27 of the Arms Act, while A-1, A-2 and A-3 as well as A-5 were convicted under sections 148, 302, 307 IPC read with section 3

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