4
(c)
accepted the Appeals of accused Haseen Khan, Rafique @
Bhaiye and Rijwan and acquitted them of the charges leveled
against them.
4.
Criminal Appeal No.1256 of 2017 is preferred by Hari Om while
Special Leave Petition (Criminal) Nos.9087 and 9088 of 2017 are preferred
by Sanjay @ Sonu and Saurabh @ Sanju respectively challenging the
judgment and order dated 03.03.2017 passed by the High Court. No appeal
has been preferred by the State challenging acquittal of Rijwan, Haseen
Khan, Rafique @ Bhaiye.
5.
Leave granted in aforesaid Special Leave Petitions.
6.
The initial reporting in the instant matter was made by Kotwal Singh
(later examined as PW1) at about 7.40 am on 28.10.2008 as under:“It is submitted that family of my elder brother Shaheed late
Sh. Rajpal Singh had constructed a house in Nagla Mirja
Bada and were living there. Today, in the night of 27 &
28/10 some unknown persons have committed murder of
my sister-in-law Smt. Nirdosh Devi age 40 years, niece Ku.
Poonam age 18 years, nephew Ashish age 12 years and
nephew Anshul age 10 years in which neck of my sister-inlaw is cut and murder of all the three has been committed
by pressing neck/throttling. The incident has come to
knowledge in the morning today when milkman came. All
the four dead-bodies are lying separately in both two rooms
and after breaking box, almirah, suitcase etc. they have
taken away all the house-hold articles, jewellery and cash.
List of articles looted will be submitted subsequently.
Report be registered and necessary action be taken.”
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