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2003 Supreme(P&H) 962

JASBIR SINGH
Satpal Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Jasbir Singh, J.

1. Occurrence is alleged to have taken place on the intervening night of 31/7/1986/1/8/1986. It was allegation against the appellant that he had entered the residential house of Mithu Singh, injured and assaulted him with knife. FIR No.204 dated 1/8/1986 was recorded against him under Sections 307 and 452 of IPC. After completion of investigation, final report was submitted before the competent court. Charges were framed for commission of offences punishable under Sections 307 and 452 IPC. Prosecution then led evidence to prove its case. After completion of prosecution evidence, statement of the appellant was recorded under Sec.313 Cr. P. C. , wherein he denied the allegations levelled against him. In defence, he produced one Kartar Singh as DWI and closed his evidence. Trial Court, on appraisal of evidence, as led by both the parties and looking into the entire record, came to a conclusion that prosecution had failed to make out any case under Sec.307 IPC, however, appellant was found guilty of commission of an offence punishable under Sections 324 and 452 IPC and was convicted and sentenced in undergo RI for a period of two years and to pay a fine of Rs.1








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