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1997 Supreme(SC) 61

M.K.MUKHERJEE, S.P.KURDUKAR
Prem – Appellant
Versus
Daula – Respondent


JUDGMENT

S.P. Kurdukar, J.-This Criminal appeal is at the behest of the complainant-appellant challenging the legality and correctness of the judgment and order dated October 29, 1986, passed by the Punjab & Haryana High Court, Chandigarh, acquitting the respondents Nos. 1 to 4 (accused) of all the charges. The Addl. Sessions Judge II, Rohtak, by his judgment and order dated October 24/26, 1985, convicted the first respondent (A-1) under Section 302 IPC and respondents Nos. 2 to 4 (A-2 to A-4) under Section 302/34 of the Indian Penal Code for committing the murder of Ishwar son of Budh Ram and each one of them was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- or in default to undergo further RI for six months.

2. Briefly stated the prosecution case as unfolded at the trial is as under :-

The marriage of the daughter of Malha, pot maker, was to be celebrated on December 9, 1984, and in that connection, Halwais from Rohtak were engaged for preparing the sweets on December 8, 1984. The sweets were being prepared in the house of Giani which is situated in Silara Maholla, Rohtak. Ishwar (since deceased) and Rajinder (PW 14) were present at the place of Giani.




















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