Salauddin @ Nuroo vs State on 27 July, 2018

Crl.A. 558/2018 Page 1 of 5
2. The appeal is also against the order on sentence dated 12 th March,
2018 whereby the Appellant herein was sentenced to imprisonment for
life with a fine of Rs.5,000/-, and in default of payment of fine to
undergo simple imprisonment (SI) for one year.

3. At the outset it requires to be noticed that the Appellant was sent up
for trial along with his nephew Sartaj (A-1) for the above offence and
by the same impugned judgment, A-1 was convicted and sentenced in
a like manner. Yesterday, this Court dismissed the appeal of Sartaj (A-
1) by a detailed judgment in Criminal Appeal No.570 of 2018.

4. As far as the present Appellant is concerned, the relevant evidence
with regard to him is the same as the evidence as regards A-1. There
were several eye witnesses to the incident, including Chanchal Devi
(PW-4), Sajan (PW-5) and Manoj (PW-11), all of whom turned
hostile. However, two eye witnesses to the incident who were not
declared hostile and were relied upon by the prosecution to establish
the guilt of A-1 are Harbhajan Singh (PW-12) and his son, Manjit
(PW-13). In the judgment passed yesterday, the Court has discussed
their evidence as under:

Source: Indian Kanoon

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