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1997 Supreme(SC) 912

K.VENKATASWAMI, M.K.MUKHERJEE
Saudagar Singh: Gian Singh – Appellant
Versus
State Of Haryana: Gulab Singh – Respondent


JUDGMENT

Mukherjee, J.-These two appeals have been heard together as they stem from a common judgment rendered by the Additional Judge, Designated Court, Karnal (at Ambala) in Sessions Trial No. 52 of 1987. Facts leading to these appeals and relevant for their disposal are as under:

2. (a) On December 27, 1986 at or about 3.00 A.M. Naurang Singh, a resident of Village Manakpur, lodged an F.I.R. with Om Prakash (P.W.19), the then Station House Officer of Ambala (Sadar) Police Station, at Civil Hospital, Ambala, wherein he stated, inter alia, that to keep a vigil over the electric lines of their village. Gurdev Singh (P.W.10) the Sarpanch, used to deploy some villagers every night. In the previous evening. Gurdev had sent Faquira (PW.15). Chowkidar of the village, to inform Harbhajan Singh and Gurnam Singh, two of the villagers, that they would have to perform the above duty in that night. Accordingly, Faquira went to the house of Harbhajan Singh at or about 8.30 P.M. and having found his nephew Nachhatar Singh present there apprised him of the direction of Gurdev Singh. Nachhatar Singh, however, refused to comply with such direction. Over this issue a quarrel ensued between Faquira an



















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