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This order shall dispose of two criminal appeals i.e. CRA-D-200- DB-2004 preferred by accused-appellant Nos.1 & 2, namely, Lachhman and Chand Singh against the judgment of conviction and order of sentence dated 19/21.01.2004 passed by the Addl. Sessions Judge, Sonepat and CRA-D-598- DBA-2004 preferred by the State challenging the acquittal of Santro. However, for the sake of convenience the facts have been taken from CRA-D- 200-DB-2004.



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                             Neutral Citation No:=2025:PHHC:035797-DB




CRA-D-200-DB-2004 (O&M)                                                 -2-

2. The present appeals have been filed against the judgment of conviction and order of sentence dated 19/21.01.2004 passed by the Addl. Sessions Judge, Sonepat.

3. The FIR was registered on 01.02.2001, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Sonepat is dated 19/21.01.2004, the appeal was filed on 25.02.2004 and the matter is being taken up for hearing now i.e. after a period of 21 years from the date of registration of the FIR. 





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                             Neutral Citation No:=2025:PHHC:035797-DB




CRA-D-200-DB-2004 (O&M)                                                -6-
Dr. Ram Kishan Kataria, MO, MHC, Sonepat was examined as PW5. He conducted the postmortem examination of the deceased. He observed the following injuries on his person and opined as under:-
"1. Wound of entry:- a lacerated punctured wound of circular shape of 1 cm. Diameter with inverted margin with a collar of abrasion and blackening around the wound. 




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                               Neutral Citation No:=2025:PHHC:035797-DB




CRA-D-200-DB-2004 (O&M)                                                  -8-

Dr. Ashwani, MO GH Sonepat was examined as PW6. He stated that he had radiologically examined the dead body of the deceased. The X-ray examination did not reveal any radio opaque metalic density and nor he did observe any fracture in the chest.

SI Amar Dass was examined as PW7. He stated that on 01.02.2001, he received a ruqa Ex.PJ from ASI Ram Avtar through constable Surinder with the endorsement Ex.PJ/1 and he recorded the formal FIR Ex.PJ/2. He also deposited the special report with the senior police officers and sent the said report through constable Suresh Kumar to the Illaqa Magistrate.