LEHNA Vs. STATE OF HARYANA
LAWS(SC)-2002-1-175
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on January 22,2002

LEHNA Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

THAKOR KARANJI SOMAJI VS. STATE OF GUJARAT [LAWS(GJH)-2018-5-179] [REFERRED TO]
SOUBAM NAOBA SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-5-1] [REFERRED TO]
KHUMAN SINGH VS. STATE OF MP [LAWS(MPH)-2018-2-310] [REFERRED TO]
LALA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-11-18] [REFERRED TO]
ISRAR VS. STATE OF U P [LAWS(SC)-2004-12-66] [REFERRED TO]
SURINDER SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2003-9-59] [REFERRED]
MAHESH JANARDHAN GONNADE VS. STATE OF MAHARASHTRA [LAWS(SC)-2008-4-46] [REFERRED TO]
BUR SINGH VS. STATE OF PUNJAB [LAWS(SC)-2008-10-21] [REFERRED TO]
STATE OF ORISSA VS. SUKA PALEI [LAWS(ORI)-2012-10-25] [REFERRED TO]
BRAHM SWAROOP VS. STATE OF UP [LAWS(SC)-2010-10-65] [REFERRED TO]
PARSHU RAM VS. STATE OF U.P. [LAWS(ALL)-2019-2-225] [REFERRED TO]
KAPURE SINGH VS. STATE OF U P [LAWS(ALL)-2015-9-366] [REFERRED]
RAJESH ALIAS HUNNY ALIAS MUNNY VS. STATE [LAWS(DLH)-2008-8-239] [REFERRED TO]
SATINDER KUMAR VS. STATE [LAWS(DLH)-2012-5-507] [REFERRED TO]
ANCHARUL HAQUE VS. STATE [LAWS(CAL)-2008-8-29] [REFERRED TO]
SAGAR ALIAS GYANENDER VS. STATE [LAWS(DLH)-2011-5-248] [REFERRED TO]
SUNIL @ TIGAN @ AKHILESH VS. STATE OF DELHI [LAWS(DLH)-2009-2-199] [REFERRED TO]
GANESH VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2011-9-41] [REFERRED TO]
STATE OF MAHARASHTRA VS. SHIVAJI ANANDRAO CHEDE [LAWS(BOM)-2002-6-49] [REFERRED TO]
STATE OF GUJARAT VS. MANOJ RAJKUMAR GUPTA [LAWS(GJH)-2013-11-131] [REFERRED TO]
PULU MURA VS. STATE OF ASSAM [LAWS(GAU)-2003-5-38] [APPLIED (2002) (1) JT (SUPP) 577 (APPLIED) 17,20]
SANIK LAL MUKHIAR VS. JITU PEGU [LAWS(GAU)-2003-7-29] [REFERRED TO]
CHUNNU SINGH VS. STATE OF BIHAR [LAWS(PAT)-2019-6-116] [REFERRED TO]
STATE OF ASSAM VS. TOTE DEWAN ALIAS MAN BHADUR DEWAN [LAWS(GAU)-2005-4-45] [REFERRED TO]
RAM BABU VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2011-5-98] [REFERRED TO]
IRFAN BADSHAH VS. STATE [LAWS(DLH)-2015-3-485] [REFERRED TO]
VINOD S O RAMESHWAR KUMAR VS. STATE [LAWS(DLH)-2007-12-33] [REFERRED TO]
KRISHNA MOHAN CHAND VS. STATE OF U P [LAWS(ALL)-2008-9-8] [REFERRED TO]
HARDWARI VS. STATE OF U P [LAWS(ALL)-2009-12-101] [REFERRED TO]
RAM UDGAR SINGH VS. STATE OF BIHAR [LAWS(SC)-2003-11-124] [REFFERED]
KULESH MONDAL VS. STATE OF WEST BENGAL [LAWS(SC)-2007-9-56] [REFERRED TO]
KALEGURA PADMA RAO VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2007-2-166] [REFERRED TO]
MANO VS. STATE OF TAMIL NADU [LAWS(SC)-2007-4-23] [REFERRED TO]
RAJENDRA PRALHADRAO WASNIK VS. STATE OF MAHARASHTRA [LAWS(SC)-2018-12-60] [REFERRED TO]
MANJINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-1-572] [REFERRED]
BABU KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-1-25] [REFERRED TO : (2002) 1 SCJ 406 15]
BUDH SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-3-25] [REFERRED TO]
ASHOK S/O BHAIRO SINGH PURVIYA VS. ASHOK [LAWS(MPH)-2017-5-218] [REFERRED TO]
SHIV KUMAR GUPTA VS. STATE OF M.P. [LAWS(MPH)-2018-2-119] [REFERRED TO]
SURENDRA PURI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-2-146] [REFERRED TO]
REGISTRAR GENERAL HIGH COURT OF KARNATAKA BANGALORE VS. TALAWARA VENKATAPPA [LAWS(KAR)-2003-1-67] [REFERRED TO]
STATE OF GUJARAT VS. VINUBHAI LALJIBHAI PATEL [LAWS(GJH)-2004-9-27] [REFERRED TO]
STATE OF MAHARASHTRA VS. RENUKABAI ALIAS RINKU ALIAS RATAN [LAWS(BOM)-2004-9-207] [REFERRED TO]
STATE OF MAHARASHTRA VS. DILIP PREMNARAYAN TIWARI [LAWS(BOM)-2007-11-120] [REFERRED TO]
STATE OF MAHARASHTRA VS. AMIT alias AMMU GAJANAN GANDHI [LAWS(BOM)-2003-2-18] [REFERRED TO]
PAWAN @ DIGGI VS. STATE [LAWS(DLH)-2014-1-336] [REFERRED TO]
STATE OF GUJARAT VS. ASHOKKUMAR KANTILAL JANI [LAWS(GJH)-2012-3-587] [REFERRED TO]
RAM ASHREY VS. STATE OF U P [LAWS(ALL)-2019-9-107] [REFERRED TO]
KAPTAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-2-27] [REFERRED TO]
DEVENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2012-11-60] [REFERRED TO]
STATE OF U P VS. NARAIN [LAWS(ALL)-2008-5-131] [REFERRED TO]
NIHALI S/O BIHARI AND; BHOORE S/O PULANDAR SINGH VS. STATE OF U P [LAWS(ALL)-2007-5-477] [REFERRED]
HARI SINGH VS. STATE OF U P [LAWS(ALL)-2007-7-154] [REFERRED TO AND]
IN REFERENCE RECEIVED FROM THE FIRST ADDITIONAL SE VS. SACHIN KUMAR SINGHRAHA [LAWS(MPH)-2016-3-122] [REFERRED]
STATE VS. KAMPALA KHAMARI [LAWS(ORI)-2002-4-33] [REFERRED TO]
STATE OF BIHAR VS. RAM KRISHNA SINGH ALIAS RAMU SINGH [LAWS(PAT)-2003-2-43] [REFERRED TO]
NARENDRA RAIKWAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-2-61] [REFERRED TO]
MUNIGADAPPA MEENAIAH VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2008-7-136] [REFERRED TO]
VINAY KUMAR RAI VS. STATE OF BIHAR [LAWS(SC)-2008-8-131] [REFERRED TO]
IN REF. VS. SURESH [LAWS(MPH)-2008-5-56] [REFERRED TO]
ABSAR ALAM ALIAS AFSAR ALAM VS. STATE OF BIHAR [LAWS(SC)-2012-2-18] [REFERRED TO]
GOLU ALIAS NAKUL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-4-13] [REFERRED TO]
RITESH BHARGAVA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-7-107] [REFERRED TO]
LOTAN VS. State of Rajasthan [LAWS(RAJ)-2003-4-6] [REFERRED TO]
LAL BAHADUR VS. STATE [LAWS(DLH)-2013-11-239] [REFERRED TO]
STATE VS. KUMARI MUBIN FATIMA [LAWS(DLH)-2013-1-340] [REFERRED TO]
OM PRAKASH VS. STATE [LAWS(DLH)-2013-8-207] [REFERRED TO). AS OBSERVED BY]
BHIKHA VS. STATE OF U.P. [LAWS(ALL)-2022-1-19] [REFERRED TO]
VED PRAKASH AND ANR. VS. STATE [LAWS(DLH)-2009-4-415] [REFERRED TO]
STATE OF ASSAM VS. JITU PEGU AND ANR. [LAWS(GAU)-2003-7-70] [REFERRED TO]
STATE OF ASSAM VS. HOLIRAM BORDOLOI [LAWS(GAU)-2004-3-41] [REFERRED TO]
RAJABHAU PANDURANG GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-8-209] [REFERRED TO]
STATE OF GUJARAT VS. SHIVNARESH PRUTHVINATH TRIVEDI AND ORS [LAWS(GJH)-2012-2-644] [REFERRED TO]
ALI MOHD VS. STATE OF U.P [LAWS(ALL)-2013-5-9] [REFERRED TO]
RAMESHWAR S/O BANTE LAL VS. STATE OF U.P. [LAWS(ALL)-2013-1-42] [REFERRED TO]
DASHRATH DADA SALUNKHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-6-15] [REFERRED TO]
SMT. PREMWATI @ BENGALIN AND OTHERS VS. STATE OF U.P [LAWS(ALL)-2007-3-360] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
STATE VS. NIRANJAN JENA ALIAS BABULI [LAWS(ORI)-2005-12-18] [REFERRED TO]
KARAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-1-197] [REFERRED TO]
DAULATRAM SADRAM TELI VS. STATE OF CHHATTISGARH [LAWS(SC)-2008-9-104] [REFERRED TO]
ARJUN MAHTO VS. STATE OF BIHAR [LAWS(SC)-2008-8-23] [REFERRED TO]
STATE OF PUNJAB VS. GURMEJ SINGH [LAWS(SC)-2002-8-48] [REFERRED]
GALI VENKATAIAH VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2007-11-32] [REFERRED TO]
SUCHA SINGH VS. STATE OF PUNJAB [LAWS(SC)-2003-7-60] [REFERRED]
ANAND SINGH VS. STATE [LAWS(RAJ)-2005-3-27] [REFERRED TO]
STATE OF GUJARAT VS. SATISH ALIAS KALU ALIAS HATHODA BHABHAI PATEL [LAWS(GJH)-2006-1-54] [REFERRED TO]
BINDU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-12-44] [REFERRED TO]
KALLU KHAN VS. STATE OF M.P. [LAWS(MPH)-2018-3-565] [REFERRED TO]
STATE VS. GOVINDARAJ [LAWS(MAD)-2003-1-159] [REFERRED TO]
NARENDRA KUMAR AND ORS. VS. STATE OF M.P. [LAWS(MPH)-2015-9-26] [REFERRED TO]
BHARGAVAN VS. STATE OF KERALA [LAWS(SC)-2003-11-80] [REFERRED TO]
SALIM SAHAB VS. STATE OF MADHYA PRADESH [LAWS(SC)-2006-12-20] [REFERRED TO]
RIZAN VS. STATE OF CHHATTISGARH [LAWS(SC)-2003-1-108] [REFERRED TO]
HARDEEP SINGH VS. STATE OF HARYANA [LAWS(SC)-2008-6-5] [REFERRED TO]
GUMANSINH @ LALO @ RAJU BHIKHABHAI CHAUHAN VS. STATE OF GUJARAT [LAWS(SC)-2021-9-8] [REFERRED TO]
RAM JANAM YADAV VS. STATE OF BIHAR [LAWS(PAT)-2007-4-179] [REFERRED TO]
CHATUR SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-3-40] [REFERRED TO]
KAPILDEO SINGH S/O MISHRI SINGH VS. STATE OF BIHAR [LAWS(PAT)-2011-12-174] [REFERRED]
MAGANLAL VS. STATE OF M P [LAWS(MPH)-2011-9-52] [REFERRED TO]
PRABHU DAYAL VS. STATE OF RAJASTHAN [LAWS(SC)-2018-7-93] [REFERRED TO]
MOTIRAM PADU JOSHI AND OTHERS VS. THE STATE OF MAHARASHTRA [LAWS(SC)-2018-7-19] [REFERRED TO]
STATE OF GUJARAT VS. SALIM ALIAS PRAVIN GULAMHUSSAIN SHAIKH [LAWS(GJH)-2007-9-50] [REFERRED TO]
PARVINDER VS. STATE OF U P [LAWS(ALL)-2003-11-123] [REFERRED TO]
STATE OF U P VS. RAM MILAN S/O RAM ASREY AND ORS [LAWS(ALL)-2007-5-487] [REFERRED]
RAM CHANDER NAIE VS. STATE OF U P [LAWS(ALL)-2008-11-65] [REFERRED TO]
STATE OF MAHARASHTRA VS. MANOHARSINGH RAGHUVIRSINGH THAKUR [LAWS(BOM)-2003-8-156] [REFERRED TO]
STATE OF GUJARAT VS. KAUSHIKBHAI RAVJIBHAI PATEL [LAWS(GJH)-2015-6-38] [REFERRED TO]
ROHIT KUMAR VS. STATE OF C.G. [LAWS(CHH)-2012-10-59] [REFERRED TO]
STATE OF ARUNACHAL PRADESH VS. TADON TATIK [LAWS(GAU)-2004-2-4] [REFERRED TO]
ATAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-2-28] [REFERRED TO]
JAGDAMBA VS. STATE OF U P [LAWS(ALL)-2021-5-28] [REFERRED TO]
AFTAB VS. STATE [LAWS(ALL)-2021-11-110] [REFERRED TO]
MUKESH GUPTA & ORS. VS. STATE OF J&K & ORS. [LAWS(J&K)-2016-3-56] [REFERRED TO]
PRADEEP KUMAR KEJRIWAL @ PRADEEP KEJRIWAL VS. STATE OF BIHAR [LAWS(PAT)-2018-4-108] [REFERRED TO]
TARLOCHAN SINGH VS. STATE OF J&K [LAWS(J&K)-2016-1-2] [REFERRED TO]
STATE OF GUJARAT VS. BHAGAVAN HANDU BEHERA [LAWS(GJH)-2006-1-47] [REFERRED TO]
JASBIR SINGH VS. STATE OF J&K [LAWS(J&K)-2016-2-11] [REFERRED TO]
JUGLA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-12-175] [REFERRED TO]
MARANADU VS. STATE [LAWS(SC)-2008-9-65] [REFERRED TO]
SONELAL VS. STATE OF M P [LAWS(SC)-2008-7-140] [REFERRED TO]
POLEPAKA PRAVEEN VS. THE STATE OF TELANGANA [LAWS(TLNG)-2019-11-95] [REFERRED TO]
NISAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-5-43] [REFERRED TO]
DHANRAJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-5-69] [REFERRED TO]
SANJAY VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-5-71] [REFERRED TO]
RAM JANAM SINGH VS. STATE OF BIHAR [LAWS(PAT)-2004-7-141] [RELIED ON]
DATTATRAYA VS. STATE OF MAHARASHTRA [LAWS(SC)-2019-2-468] [REFERRED TO]
PHOOL SINGH VS. STATE [LAWS(DLH)-2015-4-323] [REFERRED TO]
NOKHRAM VS. STATE OF C.G. [LAWS(CHH)-2010-11-50] [REFERRED TO]
STATE OF U.P. VS. LAXMI [LAWS(ALL)-2022-7-97] [REFERRED TO]
GUNARAM SHRIRAM SURYAVANSHI VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2012-1-54] [REFERRED TO]
STATE OF ASSAM VS. JITUPEGU [LAWS(GAU)-2004-7-6] [REFERRED TO]
RAKESH KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2008-9-94] [REFERRED TO]
RAJ NATH VS. STATE OF U.P. [LAWS(ALL)-2018-11-212] [REFERRED TO]
CHANDER VS. STATE OF U.P. [LAWS(ALL)-2018-11-213] [REFERRED TO]
JANMED VS. STATE OF U.P. [LAWS(ALL)-2018-11-225] [REFERRED TO]
GANGADHAR BEHERA VS. STATE OF ORISSA [LAWS(SC)-2002-10-10] [REFERRED TO]
GURDEV SINGH VS. STATE OF PUNJAB [LAWS(SC)-2003-8-60] [REFERRED]
STATE OF U P VS. ATUL SINGH [LAWS(SC)-2009-5-27] [REFERRED TO]
SUNDER SINGH VS. STATE OF UTTARANCHAL [LAWS(SC)-2010-9-95] [REFERRED TO]
D SAILU VS. STATE OF A P [LAWS(SC)-2007-11-79] [REFERRED TO]
NAGAPPAN VS. STATE BY INSPECTOR OF POLICE, TAMIL NADU [LAWS(SC)-2013-7-99] [REFERRED TO]
MD. MANNAN ALIAS ABDUL MANNAN VS. STATE OF BIHAR [LAWS(SC)-2019-2-467] [REFERRED TO]
STATE OF PUNJAB VS. LAKHWINDER SINGH [LAWS(P&H)-2019-1-73] [REFERRED TO]
PARVINDER SINGH @ RUBI VS. STATE OF PUNJAB [LAWS(P&H)-2013-7-101] [REFERRED TO]
KRISHAN SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2010-3-62] [REFERRED TO]
GAURAV VS. STATE OF UP [LAWS(ALL)-2013-5-10] [REFERRED TO]
SOMPAL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2012-11-14] [REFERRED TO]
RAMZAN VS. STATE OF U.P. [LAWS(ALL)-2019-12-54] [REFERRED TO]
NARVADA VS. STATE [LAWS(ALL)-2019-11-1] [REFERRED TO]
BRINCHI SHET VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-12-9] [REFERRED TO]
CHUNILAL MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-142] [REFERRED]
R.P. RAJ VS. THE STATE [LAWS(CAL)-2015-6-72] [REFERRED TO]
DNYANOBA BABURAO PANDHARE & ANR. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-1-178] [REFERRED TO]
AVINASH VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-8-201] [REFERRED TO]
STATE OF MAHARASHTRA VS. CHANDRAKANT VASANT AYARE [LAWS(BOM)-2015-2-185] [REFERRED TO]
MANGESH RAJARAM SAWANT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-3-197] [REFERRED TO]
STATE VS. TIKA RAM [LAWS(DLH)-2005-3-2] [REFERRED TO]
ASHU PURI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-6-84] [REFERRED TO]
STATE VS. RAM NARESH [LAWS(ALL)-2022-8-46] [REFERRED TO]
KAWASI GUDIYA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-10-52] [REFERRED TO]
MUNNA ALIAS OM PRAKASH VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2011-8-37] [REFERRED]
BHUPENDRA SINGH VS. STATE OF U P [LAWS(SC)-2009-4-114] [REFERRED TO]
DILIP PREMNARAYAN TIWARI VS. STATE OF MAHARASHTRA [LAWS(SC)-2009-12-1] [REFERRED TO]
MOHABBAT VS. STATE OF M P [LAWS(SC)-2009-2-55] [REFERRED TO]
PONNAM CHANDRAIAH VS. STATE OF A P [LAWS(SC)-2008-7-105] [REFERRED TO]
STATE OF KARNATAKA VS. SUVARNNAMMA [LAWS(SC)-2014-10-52] [REFERRED TO]
BHAGWAN BAHADURE VS. STATE OF MAHARASHTRA [LAWS(SC)-2007-9-33] [REFERRED TO]
ARUMUGAM VS. STATE OF TAMIL NADU [LAWS(SC)-2008-10-19] [REFERRED TO]
STATE OF PUNJAB VS. KARNAIL SINGH [LAWS(SC)-2003-8-109] [REFERRED]
RAJ KUMAR @ MOGHLI AND ANOTHER VS. STATE OF HARYANA [LAWS(P&H)-2017-3-294] [REFERRED TO]
STATE VS. LALARAM [LAWS(RAJ)-2008-11-29] [REFERRED TO]
PREM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-8-83] [REFERRED TO]
RAM NIWAS AND BHANWARLAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-4-7] [REFERRED TO]
Principal Sessions Judge VS. State [LAWS(MAD)-2004-3-339] [REFERRED TO]
VIRENDRA SINGH AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-11-241] [REFERRED TO]
IN REFERENCE VS. MAHENDRA TIWARI [LAWS(MPH)-2017-1-26] [REFERRED TO]
STATE OF M P VS. NATWAR S/O RUKHAD [LAWS(MPH)-2017-12-186] [REFERRED TO]
STATE OF KERALA VS. GOVINDASWAMY [LAWS(KER)-2013-12-42] [REFERRED TO]
SARAVANAN VS. STATE [LAWS(MAD)-2009-4-128] [REFERRED TO]
PHILP ALIAS JOHN WILLIAM VS. STATE [LAWS(MAD)-2009-4-91] [REFERRED TO]
HAJABHAI RAJASHIBHAI ODEDARA VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-160] [REFERRED TO]
SURESH KUMAR VS. STATE OF J & K [LAWS(J&K)-2015-8-41] [REFERRED TO]
CHAND RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-1-13] [REFERRED TO]
ANWAR VS. STATE [LAWS(ALL)-2011-5-51] [REFERRED TO]
SAMAR BAHADUR VS. STATE OF U P [LAWS(ALL)-2016-7-226] [REFERRED]
KHEM KARAN VS. STATE OF U P [LAWS(ALL)-2015-9-374] [REFERRED]
TAHIR VS. STATE OF U.P. [LAWS(ALL)-2019-12-264] [REFERRED TO]
YUNUS VS. STATE OF U P [LAWS(ALL)-2009-7-50] [REFERRED TO]
S.V.NAGESWARA RAO RAJA VS. PUBLIC PROSECUTOR [LAWS(APH)-2022-10-73] [REFERRED TO]
STATE OF MAHARASHTRA VS. SANTOSH VISHNU LONKAR [LAWS(BOM)-2019-10-85] [REFERRED TO]
HARISH VS. STATE OF DELHI [LAWS(DLH)-2008-1-97] [REFERRED TO]
STATE OF GUJARAT VS. ASHOKKUMAR KANTILAL JANI [LAWS(GJH)-2012-3-124] [REFERRED TO]
AJAY S/O VINAY KUMAR BHATTACHARYA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2013-1-18] [REFERRED TO]
RAHISUDDIN VS. STATE [LAWS(DLH)-2013-9-396] [REFERRED TO]
ANGREJ SINGH VS. STATE [LAWS(DLH)-2013-10-395] [REFERRED TO]
ANGAD KISHANRAO KIRWALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-10-54] [REFERRED TO]
STATE OF MAHARASHTRA VS. PRAKASH SAKHA VASAVE [LAWS(BOM)-2002-10-48] [REFERRED TO]
CHUNNU SINGH VS. STATE OF BIHAR [LAWS(PAT)-2019-6-86] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Lehna (hereinafter referred to as accused) was awarded "Sentence of Death" by the learned Sessions Judge, Sonepat which has been confirmed by the Punjab & Haryana High Court. Accusations against him were that he took away the lives of his mother, brother and sister-in-law. It was also alleged that he caused injury on his father Suraj Mal (PW-6) and nephew - Chand (PW-7). He was tried for allegedly committing offences punishable under Sections 302 458 and 324 of the Penal Code 1860 (in short IPC), was found guilty and accordingly convicted. Corresponding sentences imposed were sentence of death, 4 years and 6 months respectively. The sentences were directed to run concurrently.
(2.)Prosecution version sans unnecessary details is as follows:
Suraj Mal (PW-6) had two sons i.e. the accused and Jai Bhagwan (hereinafter referred to the deceased by that name) and a Younger brother Dariya Singh. The accused and deceased-Jai Bhagwan were residing separately. Suraj Mal (PW-6) owned 10 acres of land and had given 2 acres to the accused for the purpose of cultivation. But the accused who was a person of bad habits and a drunkard wasted time in useless pursuits and did not pay any attention to cultivation. He tried to alienate the land that was given to him by his father. This led to rethinking by Suraj Mal (PW-6), who took back the land. This led to serious disputes among the members of the family and there were frequent quarrels. On August 5, 1998, deceased and his wife, Saroj were sleeping on the roof of the house. Suraj Mal (PW-6), his wife Manbhari, their grandsons Chand (PW-7) and Wazir were sleeping in the courtyard. After mid-night Suraj Mal (PW-6) heard a noise from the roof of the house and he switched on the electric light. Chand, Wazir and Manbhari woke up and they rushed up stairs and found the accused armed with a Gandasa inflicting blows on both deceased - Saroj and Jai Bhagwan. After causing injuries to these two, the accused turned towards Suraj Mal (PW- 6) and others; but they ran down the stairs screaming in fear. The accused followed them and after pushing Manbhari to the ground inflicted blows on her neck and when PW-6 and PW-7 tried to intervene, he also inflicted blows on both of them. Then he ran away from the spot. PW-6 found that his wife had already succumbed to her injuries. So was the case with his son and daughter-in-law. Next morning, report was lodged at the police station and investigation was undertaken. On completion of investigation, charge-sheet was placed and the accused was charged for offences punishable under Sections 302/ 458/ 324 of the IPC. The accused pleaded innocence. The Trial Court relied on the evidence of PW-6 and PW-7 who were injured eye-witnesses and found the accused guilty of the aforestated offences. After hearing on the question of sentence, he awarded death sentence as noted above. The matter was submitted to the Punjab & Haryana High Court for confirmation of the death sentence in terms of Section 366 of the Code of Criminal Procedure, 1973 (in short the Code). The High Court held that the judgment suffered from no infirmity to warrant any interference. Accordingly, the reference was accepted and the appeal filed by the accused against the conviction and sentence was dismissed.

(3.)In support of the appeal before this Court, learned Counsel submitted that both the Trial Court and the High Court ignored a very significant fact that the evidence on which prosecution rested, its version was that of relatives. There was admitted hostility, rendering the same suspect. The injuries which were of serious nature on the accused were not explained. That added to vulnerability of prosecution version. Finally, it was submitted that this is not a case which belonged to the category of "rarest of rare" to warrant death sentence. The non application of mind according to the learned Counsel is evident from the fact that accused has been treated to be a trespasser in his own house, for holding him guilty of offence punishable under Section 458 of IPC. There is no discussion whatsoever as to how ingredients of that Section are present.


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