State Of Haryana v. Dilbag And ORS.

CRA-D-246-DBA of 2003 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) CRA-D-246-DBA of 2003 (O&M) Date of decision : 27.9.2019 ...

State of Haryana ................Appellant vs.

Dilbag and others .................Respondents 2) CRR No. 322 of 2003 (O&M) ...

Raj Pal ................Petitioner vs.

State of Haryana and others .................Respondents Coram: Hon'ble Mr. Justice Jitendra Chauhan Hon'ble Mr. Justice H. S. Madaan Present: Mr. Vikrant Pamboo, Deputy Advocate General, Haryana - for the appellant in CRA-D-246-DBA of 2003 and for the respondent No.1 in CRR No. 322 of 2003 . .

Mr. M.S. Saini, Advocate for the respondents in CRA-D-246-DBA of 2003 and for respondent Nos.2 to 4 in CRR No. 322 of 2003 None for the petitioner in CRR No. 322 of 2003 . ...

H. S. Madaan, J.

Vide this judgment, we intend to dispose of CRA-D-246DBA of 2003 titled as 'State of Haryana vs. Dilbag and others' and CRR No. 322 of 2003 titled as 'Raj Pal vs. State of Haryana', as BANITA CHUGH 2019.10.16 12:53 I am the author of this document

CRA-D-246-DBA of 2003 -2both these cases have arisen out of the same judgment. By way of moving an application under Section 378(3) Cr.P.C. in CRA-D-246-DBA of 2003 the State of Haryana, sought leave to appeal against judgment dated 30.9.2002 passed by Additional Sessions Judge, Jhajjar, vide which accused Dilbag, Rajbir and Anoop Singh, had been acquitted of the charge for the offence punishable under Section 302 read with Section 34 IPC. CRR No. 322 of 2003 has been filed by complainant Raj Pal against the State of Haryana and others against that very judgment of acquittal. Vide order dated 14.3.2003, leave to appeal was granted and the same was admitted.

Notice of the appeal as well as the criminal revision petition was given to the respective respondents.

As per the office report received on such notices, all the three respondents-accused have expired.

It being so, the present appeal has become infructuous, since even if the appeal/criminal revision petition is accepted, the accused would not be there to be taken into custody and made to undergo sentence.

As such the appeal, as well as the criminal revision petition, are dismissed, accordingly.

( Jitendra Chauhan) ( H.S. Madaan ) 27.09.2019 Judge Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2019.10.16 12:53 I am the author of this document