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Karan Yadav Cbi Uk HC 404990
Karan Yadav Cbi Uk HC 404990
IN
RESERVED JUDGMENT
Between:
and
…Respondent
Counsel for the appellant. : Mr. S.S. Lingwal and Mr. Narendra Bisht,
the learned counsel.
Counsel for the respondent. : Mr. Sandeep Tandon, the learned counsel.
JUDGMENT : (per Hon’ble The Chief Justice Sri Raghvendra Singh Chauhan)
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Bhati, lodged a written report (Ex. Ka. 30) with the Police
On the way, his friend, Udai Ram Arya also got into the
Singh Bhati, and Udai Prakash Arya died on the spot. The
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and was standing near the railway crossing gate, he, too,
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complaint (Ex. Ka. 30) was lodged with the Police Station
30), a formal FIR (Ex. Ka. 39), namely FIR No. 371/92,
No.228/58/92 A.B.D.
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Aulad Ali.
Yadav”.
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Gujjar & Aulad Ali. Therefore, the trial qua them abated.
Bhati and Udai Ram Arya. In fact, the appellant has been
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that she had sold the car to one Kunal Kapoor, but she
informed him that the car was given to him by D.P. Yadav
prove the fact that the car was bought by the appellant
alleged incident.
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(P.W. 37) has turned hostile, his twin statements (Ex. Ka.
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2015 SC 3043].
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further claims that after the incident, the car was sold to
Although the CBI claims that it had seized the car from
allegedly Pal Singh had stated that “in June, 1992, D.P.
Yadav and his relative Karan Yadav had given him a white
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the part of the statement which reveals that the car was
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offence.
the appellant sided with the latter gang. Both the gangs
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Lokesh and Kenga Nai for the murder to Rashid Ali, Sajan
Rashid Ali, who was the brother of Aulad Ali, one of the
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113) had clearly stated that the Maruti car was given to
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of the case.
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under:-
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(emphasis supplied)
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following terms:
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under:-
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accused.”
(Emphasis added)
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precedent.
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4 SCC 1].
(supra). For the latter decision was not only one of the
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to be excluded.”
(Emphasis added)
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discovery of the fact that he had taken the car for service
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get-away car.
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offences.
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_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
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