1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1581 OF 2013 State of Haryana … Appellant Versus Bira @ Bhira …Respondent WITH SPECIAL LEAVE PETITION (CRL.) NO. 3779 OF 2014 Fatta Ram … Petitioner Versus State of Haryana …Respondent J U D G M E N T Prafulla C. Pant, J. Both Criminal Appeal filed by the State of Haryana and Special Leave Petition filed by accused Fatta Ram, are directed against the judgment and order dated 03.05.2012 passed by High Court of Punjab and Haryana in Criminal Appeal No. 662-DB of 2007, whereby said Court has allowed the appeal of
2 Bira @ Bhira, and acquitted him of all charges in respect of offences punishable under Sections 302, 323 read with Section 34 of Indian Penal Code (for brevity “IPC”), but maintained the conviction and sentence recorded against remaining two accused, namely, Sant Lal and Fatta Ram. 2. We have heard learned counsel for the parties and perused the record. 3. Prosecution story, in brief, is that Vakil Singh (deceased in the present case) was an accused in the case of murder of one Atma Ram of Village Nagal. He (Vakil Singh) was acquitted by the Apex Court about a month before the incident of the present case. On 08.05.2005 at about 11.00 a.m., he was coming along with his wife (PW-8 Balbiro) to his village from Bicchian where the two had gone in connection with condolence of one of their relatives. PW-7 Tehla Ram along with his uncle Mohan Singh had also gone there and was ahead of them. At that point of time, the three accused namely, Sant Lal, Fatta Ram and Bira @ Bhira who were armed with deadly weapons came on motorcycles and intercepted Vakil Singh. All the three accused persons assaulted Vakil Singh. Accused Sant Lal gave a blow with a ‘Gandasi’ (heavy sharp edged weapon), accused Fatta Ram gave a blow
3 with a ‘Lathi’ and Bira @ Bhira allegedly gave a blow with iron rod (handle of water pump). PW-8 Balbiro resisted but she was also assaulted by the accused persons. When Mohan Singh and PW-7 Tehla Ram, who were ahead, turned back, the three accused attempted to flee but Fatta Ram fell down from his motorcycle as the same got skid and he was caught by villagers. The other two managed to escape. PW-7 Tehla Ram took both the injured Vakil Singh and Balbiro to Mahavir Dal Hospital, Cheeka. Vakil Singh succumbed to the injuries and died in the hospital. The First Information Report (Ex. PH-1) of the incident was lodged by PW-7 Tehla Ram on the very day. PW-13 Sub-Inspector Brij Mohan of Police Station, Cheeka started the investigation. PW-2 Dr. Aman Sood along with team of doctors conducted the post mortem examination and prepared autopsy report. The investigation was completed by PW-3 Sub-Inspector Surta Ram who submitted the charge sheet against all the three accused for their trial in respect of offence punishable under Section 302 IPC. 4. After committal of the case, Sessions Judge, Kaithal, framed charge against all the three accused in respect of offences under Section 302, 323 read with Section 34 IPC to which all the three accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Dr. Ajit Pal Singh, PW-2 Dr.
4 Aman Sood, PW-3 Sub-Inspector Surta Ram, PW-4 Constable Gurvinder Singh, PW-5 Head Constable Balwinder Singh, PW-6 Dr. Romila Jhanji, Medical Officer, PW-7 Tehla Ram (informant eye witness), PW-8 Balbiro (injured eye witness), PW-9 Draftsman Lachman Singh, PW-10 Ram Mehar Singh, PW-11 Head Constable Bir Bhan, PW-12 Assistant Sub-Inspector Dharam Pal and PW-13 Sub-Inspector Brij Mohan (Investigating Officer). The prosecution evidence was put to the accused under Section 313 of the Cr.P.C. in reply to which they pleaded that the evidence adduced against them is false. In defence, on behalf of the accused DW-1 Ajmer Singh, DW-2 Garibu Ram and DW-3 Puran Singh were got examined. The trial court after hearing the parties found that charge of offences punishable under Sections 302, 323 read with Section 34 IPC is proved against all the three accused. Accordingly, all the three were convicted and each one of them was sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- (under Section 302 IPC), in default to undergo further six months rigorous imprisonment. Further, the trial court sentenced the convicts to undergo rigorous imprisonment for a period of six months under Section 323/34 IPC. 5. Aggrieved by order dated 16.05.2007/18.05.2007 passed by
5 Sessions Judge, Kaithal, in Sessions Trial No. 23 of 2006, the three convicts filed Criminal Appeal no. 662-DB-2007 which is partly allowed by High Court. Conviction and sentence recorded against Sant Lal and Fatta Ram is maintained, but that of Bira @ Bhira was set aside, holding that charge as against him is not proved beyond reasonable doubt. Consequently, Criminal Appeal No. 1581 of 2013 is filed by the State of Haryana challenging acquittal of Bira @ Bhira by the High Court, and Special Leave Petition (Crl.) No. 3779 of 2014 is filed by convict Fatta Ram which is clubbed by the Criminal Appeal filed by the State. 6. Before further discussion, we think it just and proper to mention the ante mortem injuries found on the dead body of Vakil Singh by PW-2 Dr. Aman Sood. The same are being reproduced below:- “ 1. Lacerated wound 8 x 2 cm with fracture of bone in left temporal parietal region. Brain matter was coming out of it. 2. Incised wound over left temporal region 3 x1 cm. On deep dissection, there is extra dural haematoma of the size of 5 x 3 cm. 3. Lacerated wound over the left maxillary region blood clotted around the wound. 4. There was lacerated wound over the right ring finger with fracture of proximal phalanx.”
6 According to PW-2 Dr. Aman Sood, the deceased had died due to shock and hemorrhage on account of injuries suffered by him on the vital parts. 7. It is also relevant to mention here the injuries found on the person of Balbiro by PW-6 Dr. Romila Jhanji on 08.05.2005 at about 4.00 p.m. The same are being reproduced below from MLR (Ex. P.G.):- “ 1. A lacerated wound of 1 cm. x ½ cm. on the left cheek. Wound was bleeding. She was referred to C.H. Kaithal for X-ray of left cheek and expert opinion. 2. There was an abrasion of the size of 1 cm. x 1 cm. on left knee.” 8. PW-8 Balbiro has narrated the prosecution story stating that her husband was accused in connection with murder of Atma Ram, and he was acquitted by the Court. After release of her husband (Vakil Singh) from the jail they had shifted to village Darauli, and on the day of incident they had gone to village Bicchian. She further told that on their way back on the day of incident at about 11.00 a.m. the accused surrounded them and assaulted. She has stated that accused Sant Lal gave blow with Gandasi and accused Fatta assaulted with lathi. She further told after the incident she and her husband were taken to hospital by Tehla Ram. Statement of PW-2 is corroborated not only from the medical evidence on record discussed above but also from the
7 statement of PW-7 Tehla Ram. Both these witnesses have stated that Fatta Ram while fleeing fell down and was caught by the villagers. 9. PW-1 Ajit Pal Singh has proved the injuries found on the person of accused Fatta Ram. The same are being reproduced below:- “ 1. A lacerated wound 1.3 cm. x 2.5 cm x bone deep on left parietal region 4 cm from mid line of skull and 18 cm. from frontal hair line. Advised X-ray. 2. Lacerated wound 1 cm. x 1 cm. x bone deep on mid line of skull and 19 cm from frontal hair line. Advised X-ray. 3. Lacerated wound 3cm. x 1.5cm x bone deep on right parietal region 2cm from mid line of skull and 19 cm. from frontal hair line. Advised X-ray. 4. Lacerated wound on right temporal region 6 cm. from mid line of skull, 5 cm. from right ear pinna and 9 cm. from frontal hair line, measuring 4.5 x 1.6 cm. x bone deep. Advised X-ray 5. Contused swelling on right fore-arm 3 cm. below right elbow joint measuring 3 cm. x 4 cm. Advised X-ray. 6. Swelling 3 cm. x 2 cm. on right side of back, 6 cm. from vertebral colon, corresponding to L.4. X-ray was advised.” In view of the above evidence, the prosecution story further gets corroborated that after the incident Fatta Ram was apprehended and beaten by villagers. As such, we find no error
8 in the conviction recorded against him and the Special Leave Petition filed by him is liable to be dismissed. 10. Learned counsel for the special leave petitioner submitted that DW-1 Ajmer Singh (Sarpanch of the village) has not corroborated the fact that the villagers caught Fatta Ram after the incident. We have carefully gone through the statement of DW-1 Ajmer Singh. What he has stated is that when he saw many persons gathered at the place of incident where the dead body was lying, telephone call was given to the police. Since this witness has reached after the incident, as such, his statement does not throw light as to the fact that whether Fatta Ram was caught or not by the villagers. 11. Our attention is also drawn on behalf of the Special Leave Petitioner to the cross-examination of PW-1 Dr. Ajit Pal Singh who has stated that injuries No. 1 to 3 could not have been suffered due to fall from a motorcycle. On scrutinizing the statement of PW-1 Dr. Ajit Pal Singh, we find that he has clarified that injuries no. 4 to 6 could have been suffered by the accused (Fatta Ram) by falling down. Since villagers apprehended the said accused, other injuries could have been caused while he was caught by the villagers.
9 12. On behalf of the State of Haryana (appellant), it is argued that the High Court has erred in law in disbelieving the testimony of injured eye witness (PW-8) and that of Tehla Ram (PW-7) as against Bira @ Bhira. It is contended that the evidence of the prosecution witnesses is equally reliable as against Bira & Bhira, as it was reliable against the two other accused. 13. We have carefully gone through the impugned order passed by the High Court. The High Court has taken note of the fact that Atma Ram (in whose murder case Vakil Singh was accused) was father of accused Sant Lal. Role of Sant Lal in commission of crime to take revenge after the acquittal of the deceased, cannot be doubted. Involvement of Fatta, as he was caught by the villagers immediately after the incident, can also not to be doubted. But the presence of accused Bira @ Bhira who was Son-in-law of Atma Ram, and belonged to a separate village appears to be doubtful and it cannot be ruled out if his name was added due to enmity. We do not find sufficient reason to disagree with the above view taken by the High Court. Therefore, we are not inclined to interfere with the acquittal of Bira @ Bhira recorded by the High Court. 14. For the reasons as discussed above, we find no force in the appeal filed by the State of Haryana, and the Special Leave
10 Petition filed by the Fatta Ram. Accordingly, the Criminal Appeal and the Special Leave Petition are hereby dismissed. ……………………… ..…….J. [N.V. Ramana] ……………………… ..…….J. [Prafulla C. Pant] New Delhi; April 24, 2017.
11 ITEM No. 1A Court No. 10 SECTION IIB (For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No. 1581 of 2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) WITH SLP(CRL.) No. 3779 of 2014 Date : 24.04.2017 These matters were called on for pronouncement of judgment today. For Appellant(s) Mr. Arun Bhardwaj, AAG, Mr. Sumit Shaarma, Adv. Mr. Ashish Pandey, Adv. Mr. Ronak Karanpuria, Adv. Mr. Syed Mohammed Aatis, Adv. Mr. Vishwa Pal Singh, Mr. Kunal A.Cheema, Adv. (A.C.) Mr. Yogesh K.Ahirrao, Adv. For Respondent(s) M/s. V. Maheshwari & CO. Mr. Sudhanshu Palo, Adv. Hon'ble Mr. Justice Prafulla C.Pant pronounced the judgment of the Bench comprising Hon'ble Mr. Justice N.V.Ramana and His Lordship. The criminal appeal and the special leave petition are dismissed in terms of the signed non-reportable judgment. (Shashi Sareen) AR-cum-PS (S.S.R.Krishna) Assistant Registrar (Signed Nonreportable judgment is placed on the file)
Page 1 of 11 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1581 OF 2013 State of Haryana … Appellant Versus Bira @ Bhira …Respondent WITH SPECIAL LEAVE PETITION (CRL.) NO. 3779 OF 2014 Fatta Ram … Petitioner Versus State of Haryana …Respondent J U D G M E N T Prafulla C. Pant, J. Both Criminal Appeal filed by the State of Haryana and Special Leave Petition filed by accused Fatta Ram, are directed against the judgment and order dated 03.05.2012 passed by
Page 2 of 11 High Court of Punjab and Haryana in Criminal Appeal No. 662-DB of 2007, whereby said Court has allowed the appeal of Bira @ Bhira, and acquitted him of all charges in respect of offences punishable under Sections 302, 323 read with Section 34 of Indian Penal Code (for brevity “IPC”), but maintained the conviction and sentence recorded against remaining two accused, namely, Sant Lal and Fatta Ram. 2. We have heard learned counsel for the parties and perused the record. 3. Prosecution story, in brief, is that Vakil Singh (deceased in the present case) was an accused in the case of murder of one Atma Ram of Village Nagal. He (Vakil Singh) was acquitted by the Apex Court about a month before the incident of the present case. On 08.05.2005 at about 11.00 a.m., he was coming along with his wife (PW-8 Balbiro) to his village from Bicchian where the two had gone in connection with condolence of one of their relatives. PW-7 Tehla Ram along with his uncle Mohan Singh had also gone there and was ahead of them. At that point of time, the three accused
Page 3 of 11 namely, Sant Lal, Fatta Ram and Bira @ Bhira who were armed with deadly weapons came on motorcycles and intercepted Vakil Singh. All the three accused persons assaulted Vakil Singh. Accused Sant Lal gave a blow with a ‘Gandasi’ (heavy sharp edged weapon), accused Fatta Ram gave a blow with a ‘Lathi’ and Bira @ Bhira allegedly gave a blow with iron rod (handle of water pump). PW-8 Balbiro resisted but she was also assaulted by the accused persons. When Mohan Singh and PW-7 Tehla Ram, who were ahead, turned back, the three accused attempted to flee but Fatta Ram fell down from his motorcycle as the same got skid and he was caught by villagers. The other two managed to escape. PW-7 Tehla Ram took both the injured Vakil Singh and Balbiro to Mahavir Dal Hospital, Cheeka. Vakil Singh succumbed to the injuries and died in the hospital. The First Information Report (Ex. PH-1) of the incident was lodged by PW-7 Tehla Ram on the very day. PW-13 Sub-Inspector Brij Mohan of Police Station, Cheeka started the investigation. PW-2 Dr. Aman Sood along with team of doctors conducted the post mortem examination and prepared autopsy report.
Page 4 of 11 The investigation was completed by PW-3 Sub-Inspector Surta Ram who submitted the charge sheet against all the three accused for their trial in respect of offence punishable under Section 302 IPC. 4. After committal of the case, Sessions Judge, Kaithal, framed charge against all the three accused in respect of offences under Section 302, 323 read with Section 34 IPC to which all the three accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Dr. Ajit Pal Singh, PW-2 Dr. Aman Sood, PW-3 Sub-Inspector Surta Ram, PW-4 Constable Gurvinder Singh, PW-5 Head Constable Balwinder Singh, PW-6 Dr. Romila Jhanji, Medical Officer, PW-7 Tehla Ram (informant eye witness), PW-8 Balbiro (injured eye witness), PW-9 Draftsman Lachman Singh, PW-10 Ram Mehar Singh, PW-11 Head Constable Bir Bhan, PW-12 Assistant Sub-Inspector Dharam Pal and PW-13 Sub-Inspector Brij Mohan (Investigating Officer). The prosecution evidence was put to the accused under Section 313 of the Cr.P.C. in reply to which they pleaded that the evidence adduced against them is false. In defence, on behalf
Page 5 of 11 of the accused DW-1 Ajmer Singh, DW-2 Garibu Ram and DW-3 Puran Singh were got examined. The trial court after hearing the parties found that charge of offences punishable under Sections 302, 323 read with Section 34 IPC is proved against all the three accused. Accordingly, all the three were convicted and each one of them was sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- (under Section 302 IPC), in default to undergo further six months rigorous imprisonment. Further, the trial court sentenced the convicts to undergo rigorous imprisonment for a period of six months under Section 323/34 IPC. 5. Aggrieved by order dated 16.05.2007/18.05.2007 passed by Sessions Judge, Kaithal, in Sessions Trial No. 23 of 2006, the three convicts filed Criminal Appeal no. 662-DB-2007 which is partly allowed by High Court. Conviction and sentence recorded against Sant Lal and Fatta Ram is maintained, but that of Bira @ Bhira was set aside, holding that charge as against him is not proved beyond reasonable doubt. Consequently, Criminal Appeal No. 1581 of 2013 is filed by the State of Haryana challenging acquittal of Bira @
Page 6 of 11 Bhira by the High Court, and Special Leave Petition (Crl.) No. 3779 of 2014 is filed by convict Fatta Ram which is clubbed by the Criminal Appeal filed by the State. 6. Before further discussion, we think it just and proper to mention the ante mortem injuries found on the dead body of Vakil Singh by PW-2 Dr. Aman Sood. The same are being reproduced below:- “ 1. Lacerated wound 8 x 2 cm with fracture of bone in left temporal parietal region. Brain matter was coming out of it. 2. Incised wound over left temporal region 3 x1 cm. On deep dissection, there is extra dural haematoma of the size of 5 x 3 cm. 3. Lacerated wound over the left maxillary region blood clotted around the wound. 4. There was lacerated wound over the right ring finger with fracture of proximal phalanx.” According to PW-2 Dr. Aman Sood, the deceased had died due to shock and hemorrhage on account of injuries suffered by him on the vital parts. 7. It is also relevant to mention here the injuries found on the person of Balbiro by PW-6 Dr. Romila Jhanji on
Page 7 of 11 08.05.2005 at about 4.00 p.m. The same are being reproduced below from MLR (Ex. P.G.):- “ 1. A lacerated wound of 1 cm. x ½ cm. on the left cheek. Wound was bleeding. She was referred to C.H. Kaithal for X-ray of left cheek and expert opinion. 2. There was an abrasion of the size of 1 cm. x 1 cm. on left knee.” 8. PW-8 Balbiro has narrated the prosecution story stating that her husband was accused in connection with murder of Atma Ram, and he was acquitted by the Court. After release of her husband (Vakil Singh) from the jail they had shifted to village Darauli, and on the day of incident they had gone to village Bicchian. She further told that on their way back on the day of incident at about 11.00 a.m. the accused surrounded them and assaulted. She has stated that accused Sant Lal gave blow with Gandasi and accused Fatta assaulted with lathi. She further told after the incident she and her husband were taken to hospital by Tehla Ram. Statement of PW-2 is corroborated not only from the medical evidence on record discussed above but also from the statement of PW-7
Page 8 of 11 Tehla Ram. Both these witnesses have stated that Fatta Ram while fleeing fell down and was caught by the villagers. 9. PW-1 Ajit Pal Singh has proved the injuries found on the person of accused Fatta Ram. The same are being reproduced below:- “ 1. A lacerated wound 1.3 cm. x 2.5 cm x bone deep on left parietal region 4 cm from mid line of skull and 18 cm. from frontal hair line. Advised X-ray. 2. Lacerated wound 1 cm. x 1 cm. x bone deep on mid line of skull and 19 cm from frontal hair line. Advised X-ray. 3. Lacerated wound 3cm. x 1.5cm x bone deep on right parietal region 2cm from mid line of skull and 19 cm. from frontal hair line. Advised X-ray. 4. Lacerated wound on right temporal region 6 cm. from mid line of skull, 5 cm. from right ear pinna and 9 cm. from frontal hair line, measuring 4.5 x 1.6 cm. x bone deep. Advised X-ray 5. Contused swelling on right fore-arm 3 cm. below right elbow joint measuring 3 cm. x 4 cm. Advised X-ray. 6. Swelling 3 cm. x 2 cm. on right side of back, 6 cm. from vertebral colon, corresponding to L.4. X-ray was advised.” In view of the above evidence, the prosecution story further gets corroborated that after the incident Fatta Ram
Page 9 of 11 was apprehended and beaten by villagers. As such, we find no error in the conviction recorded against him and the Special Leave Petition filed by him is liable to be dismissed. 10. Learned counsel for the special leave petitioner submitted that DW-1 Ajmer Singh (Sarpanch of the village) has not corroborated the fact that the villagers caught Fatta Ram after the incident. We have carefully gone through the statement of DW-1 Ajmer Singh. What he has stated is that when he saw many persons gathered at the place of incident where the dead body was lying, telephone call was given to the police. Since this witness has reached after the incident, as such, his statement does not throw light as to the fact that whether Fatta Ram was caught or not by the villagers. 11. Our attention is also drawn on behalf of the Special Leave Petitioner to the cross-examination of PW-1 Dr. Ajit Pal Singh who has stated that injuries No. 1 to 3 could not have been suffered due to fall from a motorcycle. On scrutinizing the statement of PW-1 Dr. Ajit Pal Singh, we find that he has clarified that injuries no. 4 to 6 could have been suffered by
Page 10 of 11 the accused (Fatta Ram) by falling down. Since villagers apprehended the said accused, other injuries could have been caused while he was caught by the villagers. 12. On behalf of the State of Haryana (appellant), it is argued that the High Court has erred in law in disbelieving the testimony of injured eye witness (PW-8) and that of Tehla Ram (PW-7) as against Bira @ Bhira. It is contended that the evidence of the prosecution witnesses is equally reliable as against Bira & Bhira, as it was reliable against the two other accused. 13. We have carefully gone through the impugned order passed by the High Court. The High Court has taken note of the fact that Atma Ram (in whose murder case Vakil Singh was accused) was father of accused Sant Lal. Role of Sant Lal in commission of crime to take revenge after the acquittal of the deceased, cannot be doubted. Involvement of Fatta, as he was caught by the villagers immediately after the incident, can also not to be doubted. But the presence of accused Bira @ Bhira who was Son-in-law of Atma Ram, and belonged to a separate village appears to be doubtful and it cannot be ruled
Page 11 of 11 out if his name was added due to enmity. We do not find sufficient reason to disagree with the above view taken by the High Court. Therefore, we are not inclined to interfere with the acquittal of Bira @ Bhira recorded by the High Court. 14. For the reasons as discussed above, we find no force in the appeal filed by the State of Haryana, and the Special Leave Petition filed by the Fatta Ram. Accordingly, the Criminal Appeal and the Special Leave Petition are hereby dismissed. ……………………… ..…….J. [N.V. Ramana] ……………………… ..…….J. [Prafulla C. Pant] New Delhi; April 24, 2017.
Ôo1NON-REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 1581 OF 2013State of Haryana ⬠¦ AppellantVersusBira @ Bhira ⬠¦RespondentWITHSPECIAL LEAVE PETITION (CRL.) NO. 3779 OF 2014Fatta Ram ⬠¦ PetitionerVersusState of Haryana ⬠¦RespondentJ U D G M E N TPrafulla C. Pant, J.Both Criminal Appeal filed by the State of Haryana andSpecial Leave Petition filed by accused Fatta Ram, are directedagainst the judgment and order dated 03.05.2012 passed byHigh Court of Punjab and Haryana in Criminal Appeal No.662-DB of 2007, whereby said Court has allowed the appeal of2Bira @ Bhira, and acquitted him of all charges in respect ofoffences punishable under Sections 302, 323 read with Section34 of Indian Penal Code (for brevity ⬠SIPC⬠\235), but maintained theconviction and sentence recorded against remaining two accused,namely, Sant Lal and Fatta Ram. 2. We have heard learned counsel for the parties and perusedthe record. 3. Prosecution story, in brief, is that Vakil Singh (deceased inthe present case) was an accused in the case of murder of oneAtma Ram of Village Nagal. He (Vakil Singh) was acquitted by theApex Court about a month before the incident of the presentcase. On 08.05.2005 at about 11.00 a.m., he was coming alongwith his wife (PW-8 Balbiro) to his village from Bicchian wherethe two had gone in connection with condolence of one of theirrelatives. PW-7 Tehla Ram along with his uncle Mohan Singh hadalso gone there and was ahead of them. At that point of time, thethree accused namely, Sant Lal, Fatta Ram and Bira @ Bhirawho were armed with deadly weapons came on motorcycles andintercepted Vakil Singh. All the three accused persons assaultedVakil Singh. Accused Sant Lal gave a blow with a ⬠ÜGandasi⬠"!(heavy sharp edged weapon), accused Fatta Ram gave a blow3with a ⬠ÜLathi⬠"! and Bira @ Bhira allegedly gave a blow with ironrod (handle of water pump). PW-8 Balbiro resisted but she wasalso assaulted by the accused persons. When Mohan Singh andPW-7 Tehla Ram, who were ahead, turned back, the threeaccused attempted to flee but Fatta Ram fell down from hismotorcycle as the same got skid and he was caught by villagers.The other two managed to escape. PW-7 Tehla Ram took both theinjured Vakil Singh and Balbiro to Mahavir Dal Hospital, Cheeka.Vakil Singh succumbed to the injuries and died in the hospital.The First Information Report (Ex. PH-1) of the incident waslodged by PW-7 Tehla Ram on the very day. PW-13 Sub-InspectorBrij Mohan of Police Station, Cheeka started the investigation.PW-2 Dr. Aman Sood along with team of doctors conducted thepost mortem examination and prepared autopsy report. Theinvestigation was completed by PW-3 Sub-Inspector Surta Ramwho submitted the charge sheet against all the three accused fortheir trial in respect of offence punishable under Section 302 IPC.4. After committal of the case, Sessions Judge, Kaithal, framedcharge against all the three accused in respect of offences underSection 302, 323 read with Section 34 IPC to which all the threeaccused pleaded not guilty and claimed to be tried. On this,prosecution got examined PW-1 Dr. Ajit Pal Singh, PW-2 Dr.4
Aman Sood, PW-3 Sub-Inspector Surta Ram, PW-4 ConstableGurvinder Singh, PW-5 Head Constable Balwinder Singh, PW-6Dr. Romila Jhanji, Medical Officer, PW-7 Tehla Ram (informanteye witness), PW-8 Balbiro (injured eye witness), PW-9 DraftsmanLachman Singh, PW-10 Ram Mehar Singh, PW-11 HeadConstable Bir Bhan, PW-12 Assistant Sub-Inspector Dharam Paland PW-13 Sub-Inspector Brij Mohan (Investigating Officer). Theprosecution evidence was put to the accused under Section 313of the Cr.P.C. in reply to which they pleaded that the evidenceadduced against them is false. In defence, on behalf of theaccused DW-1 Ajmer Singh, DW-2 Garibu Ram and DW-3 PuranSingh were got examined. The trial court after hearing the partiesfound that charge of offences punishable under Sections 302,323 read with Section 34 IPC is proved against all the threeaccused. Accordingly, all the three were convicted and each oneof them was sentenced to undergo imprisonment for life and topay fine of Rs. 5,000/- (under Section 302 IPC), in default toundergo further six months rigorous imprisonment. Further, thetrial court sentenced the convicts to undergo rigorousimprisonment for a period of six months under Section 323/34IPC.5. Aggrieved by order dated 16.05.2007/18.05.2007 passed by5Sessions Judge, Kaithal, in Sessions Trial No. 23 of 2006, thethree convicts filed Criminal Appeal no. 662-DB-2007 which ispartly allowed by High Court. Conviction and sentence recordedagainst Sant Lal and Fatta Ram is maintained, but that of Bira @Bhira was set aside, holding that charge as against him is notproved beyond reasonable doubt. Consequently, Criminal AppealNo. 1581 of 2013 is filed by the State of Haryana challengingacquittal of Bira @ Bhira by the High Court, and Special LeavePetition (Crl.) No. 3779 of 2014 is filed by convict Fatta Ramwhich is clubbed by the Criminal Appeal filed by the State. 6. Before further discussion, we think it just and proper tomention the ante mortem injuries found on the dead body ofVakil Singh by PW-2 Dr. Aman Sood. The same are beingreproduced below:-⬠S 1. Lacerated wound 8 x 2 cm with fracture of bone inleft temporal parietal region. Brain matter was comingout of it. 2. Incised wound over left temporal region 3 x1 cm. Ondeep dissection, there is extra dural haematoma of thesize of 5 x 3 cm.3. Lacerated wound over the left maxillary region bloodclotted around the wound. 4. There was lacerated wound over the right ring fingerwith fracture of proximal phalanx.⬠\2356According to PW-2 Dr. Aman Sood, the deceased had dieddue to shock and hemorrhage on account of injuries suffered byhim on the vital parts. 7. It is also relevant to mention here the injuries found on theperson of Balbiro by PW-6 Dr. Romila Jhanji on 08.05.2005 atabout 4.00 p.m. The same are being reproduced below from MLR(Ex. P.G.):-⬠S 1. A lacerated wound of 1 cm. x ½ cm. on the leftcheek. Wound was bleeding. She was referred to C.H.Kaithal for X-ray of left cheek and expert opinion.2. There was an abrasion of the size of 1 cm. x 1 cm.on left knee.⬠\235 8. PW-8 Balbiro has narrated the prosecution story statingthat her husband was accused in connection with murder ofAtma Ram, and he was acquitted by the Court. After release ofher husband (Vakil Singh) from the jail they had shifted to villageDarauli, and on the day of incident they had gone to villageBicchian. She further told that on their way back on the day of
incident at about 11.00 a.m. the accused surrounded them andassaulted. She has stated that accused Sant Lal gave blow withGandasi and accused Fatta assaulted with lathi. She further toldafter the incident she and her husband were taken to hospital byTehla Ram. Statement of PW-2 is corroborated not only from themedical evidence on record discussed above but also from the7statement of PW-7 Tehla Ram. Both these witnesses have statedthat Fatta Ram while fleeing fell down and was caught by thevillagers. 9. PW-1 Ajit Pal Singh has proved the injuries found on theperson of accused Fatta Ram. The same are being reproducedbelow:-⬠S 1. A lacerated wound 1.3 cm. x 2.5 cm x bone deep onleft parietal region 4 cm from mid line of skull and 18cm. from frontal hair line. Advised X-ray.2. Lacerated wound 1 cm. x 1 cm. x bone deep on midline of skull and 19 cm from frontal hair line. AdvisedX-ray.3. Lacerated wound 3cm. x 1.5cm x bone deep on rightparietal region 2cm from mid line of skull and 19 cm.from frontal hair line. Advised X-ray. 4. Lacerated wound on right temporal region 6 cm.from mid line of skull, 5 cm. from right ear pinna and9 cm. from frontal hair line, measuring 4.5 x 1.6 cm. xbone deep. Advised X-ray 5. Contused swelling on right fore-arm 3 cm. belowright elbow joint measuring 3 cm. x 4 cm. AdvisedX-ray. 6. Swelling 3 cm. x 2 cm. on right side of back, 6 cm.from vertebral colon, corresponding to L.4. X-ray wasadvised.⬠\235 In view of the above evidence, the prosecution story furthergets corroborated that after the incident Fatta Ram wasapprehended and beaten by villagers. As such, we find no error8in the conviction recorded against him and the Special LeavePetition filed by him is liable to be dismissed. 10. Learned counsel for the special leave petitioner submittedthat DW-1 Ajmer Singh (Sarpanch of the village) has notcorroborated the fact that the villagers caught Fatta Ram afterthe incident. We have carefully gone through the statement ofDW-1 Ajmer Singh. What he has stated is that when he sawmany persons gathered at the place of incident where the deadbody was lying, telephone call was given to the police. Since thiswitness has reached after the incident, as such, his statementdoes not throw light as to the fact that whether Fatta Ram wascaught or not by the villagers. 11. Our attention is also drawn on behalf of the Special LeavePetitioner to the cross-examination of PW-1 Dr. Ajit Pal Singhwho has stated that injuries No. 1 to 3 could not have beensuffered due to fall from a motorcycle. On scrutinizing thestatement of PW-1 Dr. Ajit Pal Singh, we find that he has clarifiedthat injuries no. 4 to 6 could have been suffered by the accused(Fatta Ram) by falling down. Since villagers apprehended the saidaccused, other injuries could have been caused while he wascaught by the villagers.912. On behalf of the State of Haryana (appellant), it is arguedthat the High Court has erred in law in disbelieving the testimonyof injured eye witness (PW-8) and that of Tehla Ram (PW-7) asagainst Bira @ Bhira. It is contended that the evidence of theprosecution witnesses is equally reliable as against Bira & Bhira,as it was reliable against the two other accused. 13. We have carefully gone through the impugned order passedby the High Court. The High Court has taken note of the fact that
Atma Ram (in whose murder case Vakil Singh was accused) wasfather of accused Sant Lal. Role of Sant Lal in commission ofcrime to take revenge after the acquittal of the deceased, cannotbe doubted. Involvement of Fatta, as he was caught by thevillagers immediately after the incident, can also not to bedoubted. But the presence of accused Bira @ Bhira who wasSon-in-law of Atma Ram, and belonged to a separate villageappears to be doubtful and it cannot be ruled out if his namewas added due to enmity. We do not find sufficient reason todisagree with the above view taken by the High Court. Therefore,we are not inclined to interfere with the acquittal of Bira @ Bhirarecorded by the High Court. 14. For the reasons as discussed above, we find no force in theappeal filed by the State of Haryana, and the Special Leave10Petition filed by the Fatta Ram. Accordingly, the Criminal Appealand the Special Leave Petition are hereby dismissed. ⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦ ..⬠¦â¬ ¦.J.[N.V. Ramana]⬠¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦ ..⬠¦â¬ ¦.J.[Prafulla C. Pant]New Delhi;April 24, 2017.11ITEM No. 1A Court No. 10 SECTION IIB(For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No. 1581 of 2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)WITHSLP(CRL.) No. 3779 of 2014Date : 24.04.2017 These matters were called on for pronouncement of judgment today.For Appellant(s) Mr. Arun Bhardwaj, AAG,Mr. Sumit Shaarma, Adv.Mr. Ashish Pandey, Adv.Mr. Ronak Karanpuria, Adv.Mr. Syed Mohammed Aatis, Adv.Mr. Vishwa Pal Singh,Mr. Kunal A.Cheema, Adv. (A.C.)Mr. Yogesh K.Ahirrao, Adv. For Respondent(s) M/s. V. Maheshwari & CO.Mr. Sudhanshu Palo, Adv.Honble Mr. Justice Prafulla C.Pant pronouncedthe judgment of the Bench comprising Honble Mr.Justice N.V.Ramana and His Lordship.The criminal appeal and the special leavepetition are dismissed in terms of the signednon-reportable judgment.(Shashi Sareen)AR-cum-PS (S.S.R.Krishna)Assistant Registrar    (Signed NonÂ-reportable judgment is placed on the file)
ITEM NO.104 COURT NO.11 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln. for bail and Office Report) Date : 18/04/2017 This appeal and petition were called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Arun Bhardwaj, Addl.A.G. Mr. Sumit Sharma, Adv. Mr. Ronak Karanpuria, Adv. Mr. Ashish Pandey, Adv. For Mr. Vishwa Pal Singh,Adv. Mr. Kunal A Cheema(A.C.),Adv. Mr. Yogesh K. Ahirrao, Adv For Respondent(s) Mr. Kunal Cheema(A.C),Adv. Mr. Yogesh K. Ahirrao, Adv. None present for M/s. V. Maheshwari & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties.
-2- Hearing concluded. Judgment reserved. [SUKHBIR PAUL KAUR] [MADHU NARULA] A.R.-CUM-P.S. COURT MASTER
äITEM NO.104 COURT NO.11 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(with office report)WITHSLP(Crl) No. 3779/2014(With appln. for bail and Office Report)Date : 18/04/2017 This appeal and petition were called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Appellant(s) Mr. Arun Bhardwaj, Addl.A.G. Mr. Sumit Sharma, Adv. Mr. Ronak Karanpuria, Adv. Mr. Ashish Pandey, Adv. For Mr. Vishwa Pal Singh,Adv. Mr. Kunal A Cheema(A.C.),Adv. Mr. Yogesh K. Ahirrao, AdvFor Respondent(s) Mr. Kunal Cheema(A.C),Adv. Mr. Yogesh K. Ahirrao, Adv. None present for M/s. V. Maheshwari & Co.,Adv. UPON hearing the counsel the Court made the following O R D E RHeard learned counsel for the parties.-2-Hearing concluded.Judgment reserved. [SUKHBIR PAUL KAUR] [MADHU NARULA] A.R.-CUM-P.S. COURT MASTER
1 ITEM NO.107 COURT NO.10 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appl.(s) for bail and Office Report) Date : 12/04/2017 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Sumit Sharma, Adv. Mr. Ashish Pandey, Adv. Mr. Ronak Karanpuria, Adv. Mr. Vishwa Pal Singh,Adv. SLP(Crl.)3779/2014 Mr. Kunal A Cheema,Adv. (A.C.) For Respondent(s) None present for M/s. V. Maheshwari & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R None appears on behalf of the respondent-accused Bira @ Bhira in Criminal Appeal No. 1581 of 2013. Even though some of the counsel present in the Court tried to find out the name of counsel who filed the vakalatnama on behalf of the
2 respondent-accused in Criminal Appeal No. 1581 of 2013 but there is no representation. In the connected matter i.e. Special Leave Petition(Criminal) No. 3779 of 2014, Mr. Kunal A Cheema, learned counsel is appearing as an amicus curiae on behalf of the appellant-accused Fatta Ram. We think it fit that Mr. Kunal A Cheema should appear for the respondent-accused in Criminal Appeal No. 1581 of 2013 also. To give a chance to Mr. Cheema, learned counsel to prepare the matter, list these matters on Tuesday, the 18 th April, 2017. [SUKHBIR PAUL KAUR] [S.S.R. KRISHNA] A.R.-CUM-P.S. ASSISTANT REGISTRAR
\2101ITEM NO.107 COURT NO.10 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(with office report)WITHSLP(Crl) No. 3779/2014(With appl.(s) for bail and Office Report)Date : 12/04/2017 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Sumit Sharma, Adv. Mr. Ashish Pandey, Adv. Mr. Ronak Karanpuria, Adv. Mr. Vishwa Pal Singh,Adv. SLP(Crl.)3779/2014 Mr. Kunal A Cheema,Adv. (A.C.)For Respondent(s) None present for M/s. V. Maheshwari & Co.,Adv. UPON hearing the counsel the Court made the following O R D E RNone appears on behalf of the respondent-accused Bira @Bhira in Criminal Appeal No. 1581 of 2013. Even though some ofthe counsel present in the Court tried to find out the name ofcounsel who filed the vakalatnama on behalf of the2respondent-accused in Criminal Appeal No. 1581 of 2013 but thereis no representation. In the connected matter i.e. Special LeavePetition(Criminal) No. 3779 of 2014, Mr. Kunal A Cheema, learnedcounsel is appearing as an amicus curiae on behalf of theappellant-accused Fatta Ram. We think it fit that Mr. Kunal ACheema should appear for the respondent-accused in CriminalAppeal No. 1581 of 2013 also.To give a chance to Mr. Cheema, learned counsel toprepare the matter, list these matters on Tuesday, the 18 thApril, 2017. [SUKHBIR PAUL KAUR] [S.S.R. KRISHNA] A.R.-CUM-P.S. ASSISTANT REGISTRAR
SECTION IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLANT JURISDCITION CRIMINAL APPEAL NO 1581 OF 2013 WITH SPECIAL LEAVE PETITION (CRL.) NO.3779 OF 2014 STATE OF HARYANA AND ETC. ...APPELLANT(S) VERSUS BIRA @ BHIRA AND ETC. ...RESPONDENT(S) OFFICE REPORT The matters abovementioned were listed before the Hon'ble Court on 07.02.2017, when the following order was passed: “None appears on behalf of the petitioner in SLP(Crl.) No. 3779/2014. At the request of the Court, Mr. Kunal A. Cheema, Advocate has consented to appear and act as Amicus Curiae on behalf of the petitioner. In the above circumstances, we appoint Mr. Kunal A. Cheema, Advocate as Amicus Curiae for the petitioner to assist us in this matter. We direct the Registry to supply an uptodate copy of the Special Leave Petition Paper Book (s) to Mr. Kunal A. Cheema, learned Amicus Curiae immediately. The Registry is also direted to ensure that the name of learned Amicus Curiae appears in the cause list on the next date of hearing. List these matters after four weeks. CRIMINAL APPEAL NO. 1581 OF 2013 This is an appeal by special leave granted by this Court's Order dated 20.09.2013. It is submitted that service of Notice of Lodgement of Petition of Appeal on the sole respondent is complete and the sole respondent is represented through M/s V. Maheshwari, & Co. It is further submitted that Original Records from the High Court as well as Trial Court have been received and the same are available in the Court room for reference of the Hon'ble Court. It is further submitted that Counsel for the Parties has not filed additional documents so far.
SPECIAL LEAVE PETITION (CRL.) NO.3779 OF 2014 It is submitted that pursuant to Hon'ble Court order dated 07.02.2017, complete set of the Paper Book has beeen given vide this Registry letter 17.02.2017 to Mr. Kunal A. Cheema, Advocate and the name has also been updated as Amicus Curiae in Special Leave Petition (Crl) No. 3779 of 2014. Accordingly, show cause notice returnable on 21.07.2014 was issued to the sole respondent/State of Haryana thorugh Registered A.D. post. It is submitted that service of show cause notice is not complete on sole respondent/State of Haryana. However Mr. Vishwa Pal Singh, Advocate represented for contesting appellant in the connected Criminal Appeal No.1581 of 2013. The matter above mentioned has been tagged to Criminal Appeal No.1581 of 2013 in pursuance of Hon'ble Court's Order dated 11.04.2014. The appeal alongwith special leave petition above mentioned are listed before the Hon'ble Court with this office report. Dated this the 20 th day of March, 2017. ASSISTANT REGISTRAR COPY TO: 1. Mr. Vishwa Pal Singh, Adv. 2. M/s V. Maheshwari, & Co. 3. Mr. Kunal A. Cheema, Advocate(A.C) ASSISTANT REGISTRAR hk/rs
1 ITEM NO.105 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 07/02/2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN Mr. Kunal A. Cheema, Adv.(A.C.) For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Sumit Sharma, Adv. Mr. Ronak K., Adv. Mr. Ashish Pandey, Adv. Mr. U.P. Singh, Adv. Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv. For Respondent(s) Mr. Ashish Mittal, Adv. Ms. Vipul Maheshwari, Adv. UPON hearing the counsel the Court made the following O R D E R None appears on behalf of the petitioner in SLP(Crl) No. 3779/2014. At the request of the Court, Mr. Kunal A. Cheema, Advocate has consented to appear and act as Amicus Curiae on behalf of the petitioner. In the above circumstances, we appoint Mr. Kunal A. Cheema, Advocate as Amicus Curiae for the petitioner to assist us in this matter.
2 We direct the Registry to supply an up-to-date copy of the Special Leave Petition Paper Book (S) to Mr. Kunal A. Cheema, learned Amicus Curiae immediately. The Registry is also directed to ensure that the name of learned Amicus Curiae appears in the cause list on the next date of hearing. List these matters after four weeks. (SONALI SAUND) (SHEH LATA SHARMA) SR.P.A COURT MASTER
SECTION IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLANT JURISDCITION CRIMINAL APPEAL NO 1581 OF 2013 WITH SPECIAL LEAVE PETITION (CRL.) NO.3779 OF 2014 STATE OF HARYANA AND ETC. ...APPELLANT(S) VERSUS BIRA @ BHIRA AND ETC. ...RESPONDENT(S) OFFICE REPORT CRIMINAL APPEAL NO 1581 OF 2013 This is an appeal by special leave granted by this Court's Order dated 20.09.2013. It is submitted that service of Notice of Lodgement of Petition of Appeal on the sole respondent is complete and the sole respondent is represented through M/s V. Maheshwari, & Co. It is further submitted that Original Records from the High Court as well as Trial Court have been received and the same are available in the Court room for reference of the Hon'ble Court. It is further submitted that Counsel for the Parties has not filed additional documents so far. SPECIAL LEAVE PETITION (CRL.) NO.3779 OF 2014 The matter above mentioned ws listed before he Hon'ble Court on 11.04.2014, when the Hon'ble Court was pleased to pass the following Order: “ Delay condoned. Issue notice. Prayer for bail will be considered after notice. Tag with Criminal Appeal No. 1581 of 2013 .” Accordingly, show cause notice returnable on 21.07.2014 was issued to the sole respondent/State of Haryana thorugh Registered A.D. post. It is submitted that service of show cause notice is not complete on sole respondent/State of Haryana. However Mr. Vishwa Pal Singh, Advocate represented for contesting appellant in the connected Criminal Appeal No.1581 of 2013.
The matter above mentioned has been tagged to Criminal Appeal No.1581 of 2013 in pursuance of Hon'ble Court's Order dated 11.04.2014. The appeal alongwith special leave petition above mentioned are listed before the Hon'ble Court with this office report. Dated this the 6 th day of February, 2017. ASSISTANT REGISTRAR COPY TO: 1. Mr. Vishwa Pal Singh, Adv. 2. M/s V. Maheshwari, & Co. 3. Mr. Sudhansu Palo, Adv. ASSISTANT REGISTRAR c3
p1ITEM NO.105 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(with office report)WITHSLP(Crl) No. 3779/2014(With appln.(s) for bail and Office Report) Date : 07/02/2017 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHANMr. Kunal A. Cheema, Adv.(A.C.) For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Sumit Sharma, Adv. Mr. Ronak K., Adv. Mr. Ashish Pandey, Adv. Mr. U.P. Singh, Adv. Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv.For Respondent(s) Mr. Ashish Mittal, Adv.Ms. Vipul Maheshwari, Adv. UPON hearing the counsel the Court made the following O R D E RNone appears on behalf of the petitioner in SLP(Crl)No. 3779/2014. At the request of the Court, Mr. Kunal A. Cheema, Advocate hasconsented to appear and act as Amicus Curiae on behalf of thepetitioner. In the above circumstances, we appoint Mr. Kunal A. Cheema,Advocate as Amicus Curiae for the petitioner to assist us in thismatter.2We direct the Registry to supply an up-to-date copy of theSpecial Leave Petition Paper Book (S) to Mr. Kunal A. Cheema,learned Amicus Curiae immediately.The Registry is also directed to ensure that the name oflearned Amicus Curiae appears in the cause list on the next date ofhearing. List these matters after four weeks. (SONALI SAUND) (SHEH LATA SHARMA) SR.P.A COURT MASTER
ITEM NO.117 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 Date : 01/12/2016 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. Vishwa Pal Singh, AOR Mr. Sudhansu Palo, AOR For Respondent(s) M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E R As prayed, the matters are adjourned for one week. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
ITEM NO.117 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(with office report)WITHSLP(Crl) No. 3779/2014Date : 01/12/2016 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE UDAY UMESH LALITFor Appellant(s) Mr. Vishwa Pal Singh, AOR Mr. Sudhansu Palo, AORFor Respondent(s) M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E R As prayed, the matters are adjourned for one week. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
ITEM NO.112 COURT NO.8 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (With office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 26/10/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. Sumit Sharma, Adv. Mr. Ronak Karanpuria, Adv. Mr. Ashish Pandey, Adv. Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv. (NP) For Respondent(s) M/s. V. Maheshwari & Co. (NP) UPON hearing the counsel the Court made the following O R D E R Even on the second call, none appeared for the respondent. In the interest of justice, as a last chance, list the matter two weeks after ensuing Diwali Holidays. Registry is directed to inform the counsel for the respondent for the next date of hearing. In case the learned counsel for the respondent does not appear before us on the next date of hearing, we will appoint an Amicus Curiae to assist us on behalf of respondent. (SWETA DHYANI) (SNEH LATA SHARMA) SR.P.A. COURT MASTER
®ITEM NO.112 COURT NO.8 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)WITHSLP(Crl) No. 3779/2014(With appln.(s) for bail and Office Report) Date : 26/10/2016 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Appellant(s) Mr. Sumit Sharma, Adv. Mr. Ronak Karanpuria, Adv. Mr. Ashish Pandey, Adv. Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv. (NP)For Respondent(s) M/s. V. Maheshwari & Co. (NP) UPON hearing the counsel the Court made the following O R D E REven on the second call, none appeared for therespondent.In the interest of justice, as a last chance, list thematter two weeks after ensuing Diwali Holidays.Registry is directed to inform the counsel for therespondent for the next date of hearing. In case the learned counsel for the respondent does notappear before us on the next date of hearing, we will appoint anAmicus Curiae to assist us on behalf of respondent. (SWETA DHYANI) (SNEH LATA SHARMA) SR.P.A. COURT MASTER
ITEM NO.105 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 20/10/2016 This appeal and petition were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. Vishwa Pal Singh, AOR Mr. Sudhansu Palo, AOR For Respondent(s) Mr. Siddharth Arora, Adv. Mr. Devendra Singh, Adv. Mr. Karan Rajpurohit, Adv. For M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E R Not today. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
¨ITEM NO.105 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(with office report)WITHSLP(Crl) No. 3779/2014(With appln.(s) for bail and Office Report) Date : 20/10/2016 This appeal and petition were called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Appellant(s) Mr. Vishwa Pal Singh, AOR Mr. Sudhansu Palo, AORFor Respondent(s) Mr. Siddharth Arora, Adv.Mr. Devendra Singh, Adv.Mr. Karan Rajpurohit, Adv. For M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E R Not today. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
ITEM NO.118 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (With office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 19/10/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv. For Respondent(s) M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E R Not today. (SWETA DHYANI) (SHAKTI PARKASH SHARMA) SR.P.A. COURT MASTER
ÚITEM NO.118 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)WITHSLP(Crl) No. 3779/2014(With appln.(s) for bail and Office Report) Date : 19/10/2016 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Appellant(s) Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv.For Respondent(s) M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E RNot today. (SWETA DHYANI) (SHAKTI PARKASH SHARMA) SR.P.A. COURT MASTER
ITEM NO.108 COURT NO.9 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (With office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 22/09/2016 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Arun Bhardwarj, AAG. Mr. Sumit Sharma, Adv. Mr. Ronak Karanpuria, Adv. Mr. Ashish Pandey, Adv. Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv. For Respondent(s) M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel for the appellants, list the matters after one week. (SWETA DHYANI) (SNEH LATA SHARMA) SR.P.A. COURT MASTER
rITEM NO.108 COURT NO.9 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1581/2013STATE OF HARYANA Appellant(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)WITHSLP(Crl) No. 3779/2014(With appln.(s) for bail and Office Report) Date : 22/09/2016 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROYFor Appellant(s) Mr. Arun Bhardwarj, AAG. Mr. Sumit Sharma, Adv. Mr. Ronak Karanpuria, Adv. Mr. Ashish Pandey, Adv. Mr. Vishwa Pal Singh,Adv. Mr. Sudhansu Palo,Adv.For Respondent(s) M/s. V. Maheshwari & Co. UPON hearing the counsel the Court made the following O R D E RAt the request of learned counsel for theappellants, list the matters after one week. (SWETA DHYANI) (SNEH LATA SHARMA) SR.P.A. COURT MASTER
ITEM NO.117 COURT NO.10 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 14/07/2016 This appeal and petition were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Jai Wadhwa, Adv. Mr. Ronak Karan Puria, Adv. For Mr. Vishwa Pal Singh, AOR Mr. Sudhansu Palo, AOR For Respondent(s) Ms. Sandhya Goswami, AOR UPON hearing the counsel the Court made the following O R D E R As prayed, the matters are adjourned for two weeks. (R.NATARAJAN) (H.S. NEGI) Court Master Court Master
ð ITEM NO.117 COURT NO.10 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 14/07/2016 This appeal and petition were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Jai Wadhwa, Adv. Mr. Ronak Karan Puria, Adv. For Mr. Vishwa Pal Singh, AOR Mr. Sudhansu Palo, AOR For Respondent(s) Ms. Sandhya Goswami, AOR UPON hearing the counsel the Court made the following O R D E R As prayed, the matters are adjourned for two weeks. (R.NATARAJAN) (H.S. NEGI) Court Master Court MasterSignature Not VerifiedDigitally signed byR.NATARAJANDate: 2016.07.1612:49:23 ISTReason:
ITEM NO.107 COURT NO.12 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP (Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 09/12/2015 This appeal and petition were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Jai Wadhwa, Adv. Mr. R. Karanpuria, Adv. For Mr. Samir Ali Khan, AOR Mr. Sudhansu Palo, AOR For Respondent(s) Ms. Nekhar Berry, Adv. Mr. M.P.S. Tomar, Adv. Ms. Sandhya Goswami, AOR (N.P.) UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the respondent submits that the learned arguing counsel is suffering from serious ailment and prays for an adjournment. In view of the prayer made, list these matters after Christmas Holidays. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
î ITEM NO.107 COURT NO.12 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP (Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 09/12/2015 This appeal and petition were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Jai Wadhwa, Adv. Mr. R. Karanpuria, Adv. For Mr. Samir Ali Khan, AOR Mr. Sudhansu Palo, AOR For Respondent(s) Ms. Nekhar Berry, Adv. Mr. M.P.S. Tomar, Adv. Ms. Sandhya Goswami, AOR (N.P.) UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the respondent submits that the learned arguing counsel is suffering from serious ailment and prays for an adjournment. In view of the prayer made, list these matters after ChristmasSignature Not Verified Holidays.Digitally signed byGulshan Kumar AroraDate: 2015.12.0916:23:35 ISTReason: (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
ITEM NO.119 COURT NO.11 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 19/11/2015 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Jai Wadhwa, Adv. Mr. Ranak Karanpuria, Adv. Mr. Samir Ali Khan,Adv. Mr. Sudhansu Palo, AOR For Respondent(s) Mr. M.P. Tomar, Adv. Mr. Ranjeet Kr. Jha, Adv. Ms. Sandhya Goswami, AOR UPON hearing the counsel the Court made the following O R D E R As prayed by learned counsel for the respondent, list after two weeks. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
\200 ITEM NO.119 COURT NO.11 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (with office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 19/11/2015 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Arun Bhardwaj, AAG Mr. Jai Wadhwa, Adv. Mr. Ranak Karanpuria, Adv. Mr. Samir Ali Khan,Adv. Mr. Sudhansu Palo, AOR For Respondent(s) Mr. M.P. Tomar, Adv. Mr. Ranjeet Kr. Jha, Adv. Ms. Sandhya Goswami, AOR UPON hearing the counsel the Court made the following O R D E R As prayed by learned counsel for the respondent, list after two weeks.Signature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2015.11.2112:48:38 IST (R.NATARAJAN) (SNEH LATA SHARMA)Reason: Court Master Court Master
ITEM NO.119 COURT NO.13 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (With office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 14/10/2015 This appeal and SLP were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Arun Bhardwaj, AAG Haryana Mr. Ashwani Upadhyay, Adv. Ms. Kiran Ahlawat, Adv. Mr. Samir Ali Khan,Adv. Mr. Sudhansu Palo,Adv. For Respondent(s) Mr. Jabar Singh, Adv. Ms. Sandhya Goswami,Adv. UPON hearing the counsel the Court made the following O R D E R On the prayer made by learned counsel appearing for the appellant – State of U.P. in Criminal Appeal No.1581 of 2013, list the matters after Diwali Vacation. (VISHAL ANAND) (SNEH LATA SHARMA) COURT MASTER COURT MASTER
Ú ITEM NO.119 COURT NO.13 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1581/2013 STATE OF HARYANA Appellant(s) VERSUS BIRA @ BHIRA Respondent(s) (With office report) WITH SLP(Crl) No. 3779/2014 (With appln.(s) for bail and Office Report) Date : 14/10/2015 This appeal and SLP were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Arun Bhardwaj, AAG Haryana Mr. Ashwani Upadhyay, Adv. Ms. Kiran Ahlawat, Adv. Mr. Samir Ali Khan,Adv. Mr. Sudhansu Palo,Adv. For Respondent(s) Mr. Jabar Singh, Adv. Ms. Sandhya Goswami,Adv. UPON hearing the counsel the Court made the following O R D E R On the prayer made by learned counsel appearing for the appellant - State of U.P. in Criminal Appeal No.1581 of 2013, list the matters after Diwali Vacation.Signature Not VerifiedDigitally signed by (VISHAL ANAND) (SNEH LATA SHARMA)Vishal AnandDate: 2015.10.1416:52:42 EASST COURT MASTER COURT MASTERReason:
úITEM NO.34 REGISTRAR COURT.1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRIMINAL APPEAL NO(s). 1581 OF 2013 BEFORE THE REGISTRAR M.A. SAYEEDSTATE OF HARYANA Appellant (s) VERSUSBIRA @ BHIRA Respondent(s)Date: 02/05/2014 This Appeal was called on for hearing today.For Appellant(s) Mr. Samir Ali Khan,Adv.For Respondent(s) Mr. M.P.S. Tomar, Adv. Ms. Sandhya Goswami,Adv. UPON hearing counsel the Court made the following O R D E R The learned counsel for the parties have made asubmission at Bar that no additional documents are required tobe filed on record. No further steps required. Registry to process the matter for listing beforethe Hon'ble Court, as per rules. (M.A. SAYEED) REGISTRARrd
\224ITEM NO.45 COURT NO.5 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2014 CRLMP.NO(s). 6768(From the judgement and order dated 03/05/2012 in CRLA No.662/2007 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)FATTA RAM Petitioner(s) VERSUSSTATE OF HARYANA Respondent(s)With CRLMP NO. 6768/2014 (Condonation of delay in filing SLP,condonation of delay in refiling SLP and office report)Date: 11/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Jayender S. Chandail, Adv. Mr. Sudhansu Palo, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Prayer for bail will be considered after notice. Tag with Criminal Appeal No. 1581 of 2013. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTER
\210ITEM NO.35 COURT NO.5 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2014 CRLMP.NO(s). 6768(From the judgement and order dated 03/05/2012 in CRLA No.662/2007 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)FATTA RAM Petitioner(s) VERSUSSTATE OF HARYANA Respondent(s)With CRLMP NO. 6768/2014 (Condonation of delay in filing SLP,condonation of delay in refiling SLP and office report)Date: 04/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Sudhansu Palo, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Perused the letter circulated by counsel for the petitioner. List the matter on 11th April, 2014. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTER
èITEM NO.52 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4609/2013(From the judgement and order dated 03/05/2012 in CRLA No.662/2007of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF HARYANA Petitioner(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)Date: 20/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Samir Ali Khan,Adv.For Respondent(s) Ms. Sandhya Goswami,Adv. Mr. M.P.S. Tomar,Adv. Mr. Jabar Singh,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. |(NARENDRA PRASAD) | |(KALYANI GUPTA) ||COURT MASTER | |COURT MASTER | 1
SECTION-IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4609 OF 2013 STATE OF HARYANA ...PETITIONER VERSUS BIRA @ BHIRA ...RESPONDENT OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 10.05.2013 when the Court was pleased to pass the following order: “Delay condoned. Issue notice.” Accordingly Show Cause Notice was issued to the sole Respondent/State of Haryana, through Regd. A.D. Post 29.05.2013. It is submitted that Ms. Sandhya Goswami, Advocate is representing the sole respondent. Counter Affidavit has also been received on behalf of the sole respondent. Copy of the Counter Affidavit is being circulated herewith for kind perusal of the Hon'ble Court. Service of Show Cause Notice is complete. The matter is listed before the Hon'ble Court with this office report. DATED this the 12th day of September, 2013. ASSISTANT REGISTRAR COPY TO: 1. Mr. Samir Ali Khan, Advocate 2. Ms. Sandhya Goswami, Advocate ASSISTANT REGISTRAR SK-C2
.ITEM NO.52 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4609/2013(From the judgment and order dated 03/05/2012 in CRLA No. 662/2007 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF HARYANA Petitioner(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)Date: 13/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Deep Karan Dalal, Adv. Mr. Vivek Malik, Adv. Mr. Samir Ali Khan, Adv.For Respondent(s) Ms. Sandhya Goswami, Adv. Mr. M.P.S. Tomar, Adv. Mr. Sanjay Krishna, Adv. UPON hearing counsel the Court made the following O R D E R| ||List the matter on 20th September, 2013. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |
.ITEM NO.52 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4609/2013(From the judgment and order dated 03/05/2012 in CRLA No. 662/2007 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF HARYANA Petitioner(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)Date: 13/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Deep Karan Dalal, Adv. Mr. Vivek Malik, Adv. Mr. Samir Ali Khan, Adv.For Respondent(s) Ms. Sandhya Goswami, Adv. Mr. M.P.S. Tomar, Adv. Mr. Sanjay Krishna, Adv. UPON hearing counsel the Court made the following O R D E R| ||List the matter on 20th September, 2013. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |
.ITEM NO.52 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4609/2013(From the judgment and order dated 03/05/2012 in CRLA No. 662/2007 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF HARYANA Petitioner(s) VERSUSBIRA @ BHIRA Respondent(s)(With office report)Date: 13/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Deep Karan Dalal, Adv. Mr. Vivek Malik, Adv. Mr. Samir Ali Khan, Adv.For Respondent(s) Ms. Sandhya Goswami, Adv. Mr. M.P.S. Tomar, Adv. Mr. Sanjay Krishna, Adv. UPON hearing counsel the Court made the following O R D E R| ||List the matter on 20th September, 2013. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |