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2022 (12) TMI 1455

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.... A.S. Rishi, Adv., Monika Gusain, AOR, D.C. Yadav, AAG, Ishwar, Adv. and Sanjay Kumar Visen, AOR JUDGMENT 1. This appeal arises out of the judgment and Order passed by the High Court of Punjab and Haryana, vide which it set aside the conviction of the present Appellant - Ram Pratap Under Section 120-B of Indian Penal Code, while maintaining the conviction for the offence Under 302 of the Indian ....

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....pletion of the investigation, a chargesheet was filed against the four Accused persons. 3. In so far as the evidence of Jagdish Chander (PW - 4) is concerned, when he reported the matter to the police on the basis of which FIR was registered, he had only expressed a suspicion against the present Appellant. We further find that there was a delay of 14 hours in reporting the incident to the police.....

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....lf of the Respondent-State. 7. The learned Counsel appearing on behalf of the Respondent - State submitted that the High Court as well as the trial court have grossly erred in convicting the Appellant when there is no evidence worth the namesake. The learned Counsel for the Respondent - State submitted that the trial court as well as the High Court has appreciated the evidence in the correct pers....

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....ocence of the Accused and must show, in all human probability, that the act has been done by the Accused. Further, it has been held that the facts so established must exclude every hypothesis except the guilt of the Accused. 10. In the present case, if the evidence of Jagdish Chander (PW - 4) is to be appreciated wherein he has stated that the Accused came to his house and informed him that he ha....