SUPREME COURT OF INDIA

DHARAMBIR @ DHARMA vs STATE OF HARYANA

Criminal Appeal No 1858 of 2009 On 16 April 2024


Hon'ble Judges: B.R. Gavai, Sandeep Mehta

Case Type: Criminal Appeal

Final Decision: Application disposed

Advocates: 


Citations: 
2024 0 CJ(SC) 201


ACTS REFERRED: 
Code of Criminal Procedure, 1973, Section 313
Indian Penal Code, 1860, Section 302


(A) Code of Criminal Procedure, 1973, Section 313 - Power to examine the accused(B) Indian Penal Code, 1860, Section 302 - Punishment for murder font-size: 16px;" > Vide judgment and order dated 3rd May, 1999, learned Sessions Judge, Bhiwani convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and by an order of sentencing dated 10th May, 1999 awarded sentence of life imprisonment and fine of Rs.500/-, in default of payment of fine, to further undergo rigorous imprisonment of six months to the appellant. The appellant challenged the said judgment by filing Criminal Appeal No.


Judgement Text


1. Vide judgment and order dated 3rd May, 1999, learned Sessions Judge, Bhiwani convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and by an order of sentencing dated 10th May, 1999 awarded sentence of life imprisonment and fine of Rs.500/-, in default of payment of fine, to further undergo rigorous imprisonment of six months to the appellant.

2. The appellant challenged the said judgment by filing Criminal Appeal No. 259-DB of 1999 in the High Court of Punjab and Haryana at Chandigarh. The Division Bench rejected the appeal vide judgment dated 21st April, 2008 and affirmed the judgment and order of conviction and sentence passed by the trial Court.

Brief Facts: -

3. The prosecution case in nutshell is that on 5th June, 1998, at around 08:30 a.m., deceased Karambir, his brother Krishan Kumar (PW-5), Ravinder (PW-6) and Mahender (PW-7) along with two acquaintances (Mahender and Suresh) had gone to Prabhat Cinema, Bhiwani. At about 11:30 a.m., the accused appellant who was also present there, thrust a knife in the chest of Karambir causing his instantaneous death and escaped leaving the knife behind. The motive attributed to the accused appellant for committing the offence was that he bore a suspicion in his mind that deceased Karambir





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