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1996 Supreme(SC) 1458

M.K.MUKHERJEE, S.P.KURDUKAR
Devinder – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

M.K. Mukerhjee, J.-The subject matter of challenge in this appeal is the judgment and order dated May 30, 1987 rendered by the Designated Court, Rohtak, while disposing of Sessions Case No. 550 of 1986 and Arms Act Case No. 551 of 1986. By the impugned judgment and order the Court convicted and sentenced the appellant Devinder @ Pappy under Section 302 IPC and Sections 25 and 27 of the Arms Act, 1959 read with Section 6 of Terrorist and Disruptive Activities (Prevention) Act, 1985 ( TADA for short).

2. Shorn of details the prosecution case is an under : (a) Ramphal (the deceased) used to sell vegetables from his shop-cum-residence in the Janta Colony, Rohtak city. On July 26, 1986 at or about 9 A.M. the appellant went to his shop and asked for some vegetables on credit. Ramphal told the appellant that as he had not paid his earlier dues he would not oblige him any more. Since such refusal of Ramphal was in the presence of two others, namely, Jagdish (P.W.10) and Satbir Singh (PW 11), the appellant felt insulted and left in a huff.

(b) About twenty minutes thereafter the appellant came back with a knife and remarked that he would teach him (Ramphal) a lesson for insulting him














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