SATISH @ BOBBY Vs. STATE OF HARYANA
SUPREME COURT OF INDIA
Satish @ Bobby
STATE OF HARYANA
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(1.) This appeal is directed against the judgment and order dated 29.02.2008 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh, whereby the Division Bench has
dismissed the appeal filed by the appellant -herein.
(2.) The facts of the case, in brief, are as follows: -
i) That on 03.03.1996 at 9.00 p.m., the appellant along with Vijay @ Nikku assaulted Rajinder (the deceased).
ii) It appears from the facts narrated, that Vijay had a lathi and had put his left foot on the chest of the deceased. Satish the appellant herein had a sharp -edged weapon and gave blows including the one in the abdomen of the deceased.
iii) Joginder Kumar (PW -9) tried to intervene and he also sustained injury at the time of the incident. Rajinder was taken to the hospital but he succumbed to the injuries.
iv) An FIR was registered at about 1.15 a.m. in the intervening night and Shamsher Singh (PW -8), who happens to be the uncle of the deceased, at the time of deposition before the Court did not support the prosecution version. However, it has to be noted that the FIR was lodged at his instance.
v) After the investigation, the accused were sent up for trial and the prosecution examined as many as 16 witnesses in support of their case. The trial Court, after hearing the Public Prosecutor and the defence counsel, and after considering the totality of the facts and circumstances, convicted the accused under Sections 302/323/34 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs.12,000/ - with default stipulation.
vi) Being aggrieved, the accused preferred an appeal before the High Court, which by its order has dismissed the appeal.
(3.) We have heard learned counsel appearing for both the parties.;
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