SANDEEP ALIAS KALA Vs. SUPREME COURT OF INDIA

JUDGEMENT

(1.) In Sessions Case 9 of 2005, four accused were put up for trial, inter alia, for the commission of offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code 1860["IPC"] and Sec. 25 of the Arms Act 1959. The criminal case arose out of FIR No 59 dtd. 15/2/2005 lodged at PS Civil Lines, Sonepat, which was committed upon the filing of the charge-sheet, for trial to the Sessions Court by an order dtd. 6/6/2005 of the Additional Chief Judicial Magistrate, Sonepat. The petitioner - Sandeep alias Kala was tried as the second accused. By a judgment dtd. 1/9/2006, the Additional Sessions Judge, Sonepat held that the prosecution had established the guilt of two of the accused, Arun (A-1) and Sunil (A-3), beyond reasonable doubt and held them guilty of offences under Sec. 302 read with Sec. 34 IPC. The Additional Sessions Judge, however, acquitted the petitioner (A-2) and Ravi Kant (A-4). The Additional Sessions Judge made the following observations while acquitting the petitioner and Ravi Kant:

(2.) Besides the appeals which were filed by the co-accused, the acquittal of the petitioner was challenged by the State of Haryana in CRM No 53-MA of 2007 (O&M). The acquittal of the co-accused Ravi Kant was also challenged by the State of Haryana in CRM No 604-MA of 2007 (O&M). The appeals against the conviction of two accused as well as the appeals against the acquittal of the petitioner and Ravi Kant were heard and disposed of by a common judgment dtd. 2/9/2013 of a Division Bench of the High Court of Punjab and Haryana. The High Court upheld the conviction of Arun (A-1) and Sunil (A-3), while dismissing their appeals. The appeals filed by the State of Haryana against the acquittal of the petitioner and Ravi Kant were allowed and both these accused were held guilty of offences punishable under Sec. 302 read with Sec. 34 IPC and sentenced to suffer imprisonment for life along with a fine of Rs.20,000.00 each. The High Court made the following observations while examining the plea of alibi by the petitioner and Ravi Kant:

(3.) A criminal appeal was instituted before this Court by the co-accused, Ravi Kant (A-4), whose acquittal, like the petitioner, was reversed by the High Court. In the appeal filed by Ravi Kant, notice was issued on 4/4/2014. The appeal[Criminal Appeal No 471 of 2014] has been dismissed in a detailed judgment dtd. 27/3/2019. The court held