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1996 Supreme(SC) 1268

M.K.MUKHERJEE, S.P.KURDUKAR
Ranjha – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

M.K. Mukherjee, J.-Ranjha and Billu, the two appellants before us, and Kala, son of Ranjha, were prosecuted under Sections 302/34, 324, 324/34 and 323/34 of the Indian Penal Code in the Court of the Sessions Judge, Ferozepore for committing the murder of Khanu and causing injuries to Mana (PW 3). They were, however, given the benefit of doubt and acquitted. Against their acquittal the State of Punjab preferred an appeal which was allowed by the High Court and all of them were convicted for the offences alleged against them. Following their conviction the High Court sentenced the two appellants to different terms of imprisonment, including life, with a direction that the sentences would run concurrently but dealt with kala in accordance with Section 27 of the East Punjab Children Act as he was a child within the meaning of the said Act on the date of the incident. Aggrieved by their conviction and sentence the appellants have preferred this appeal under Section 379 Cr.P.C.

2. The prosecution case as made out at the trial is as under :

(a) In the evening of February 23, 1978, Dittu (P.W. 2) was in his house in village Pirke Khangarh and was waiting for the arrival o






























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