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Arvind @ Chuni Lal And Another vs The State Of Haryana on 5 May, 2010

PW-1 Narinder Kumar, author of FIR and the brother of the deceased, in his statement Ex.PA has suspected son of Uday Singh resident of Village Mehmudpur in the commission of crime along with his Crl. Appeal No.550-DB of 2006 6 companions. It has also come on record that Joginder Singh was following the set routine i.e. after finishing assignment with the Thermal Plant, Panipat, he would take passengers from Panipat to Sirsadh, reaching his house at about 10.30 pm. Since the movement of the deceased were known to the appellants, PW-1 Narinder Kumar has correctly apprehended commission of crime by some known person i.e. son of Uday Singh. In fact, the disclosure statements Exs.PD and PE of Sandeep and Jaivir show that they knew Joginder Singh. In the disclosure statements Exs.PT and PT/1 suffered by Sandeep and Jaivir in another case, it is disclosed by them that it was Joginder Singh @ Kala, whose vehicle was robbed and Joginder Singh killed. Therefore, the statements of the accused in respect of their acquaintance of Joginder Singh is not hit by Section 25 of the Evidence Act, 1872 (for short 'the Act'), but are the statements of fact admissible under Section 8 of the Act. It was so held by the Division Bench of this Court in Criminal Appeal No. 405-DB of 2007 titled 'Arvind @ Chuni Lal and another Vs. The State of Haryana' decided on 05.05.2010, wherein it was held to the following effect:
Punjab-Haryana High Court Cites 21 - Cited by 18 - H Gupta - Full Document
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