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1996 Supreme(SC) 177

S.B.MAJMUDAR, A.S.ANAND
Harbans Lal – Appellant
Versus
State Of Punjab – Respondent


ORDER

The appellant along with his two sons Pawan Kumar and Dial Ram were sent up for trial in connection with the murder of Punni Devi - wife of the appellant and mother of Pawan Kumar and Dial Ram on the night intervening 16/17 October, 1981. The trial court convicted all the three accused for offences under Section 302/34 IPC vide its judgment dated 15.6.1982 and sentenced them to undergo life imprisonment. On appeal, the High Court gave benefit of doubt to Pawan Kumar and Dial Ram and acquitted them. The conviction and sentence of the appellant was, however, maintained.

2. By special leave, the appellant has called in question his conviction and sentence.

3. We have heard learned counsel for the parties and examined the record.

4. That Punni Devi died as a result of burn injuries on the night intervening October 16/17, 1981, in the house of her husband Harbans Lal appellant, is not in dispute. The question, however, is whether the prosecution has been able to establish that the appellant committed the crime.

5. The prosecution examined PW-11, Kartar Singh and PW-12 Karnail Singh - grandson of PW-11, as the two witnesses of the occurrence. The High Court while considering the submiss








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