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1997 Supreme(SC) 1181

K.T.THOMAS, M.K.MUKHERJEE
Bhag Singh: Gurmukh Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

Thomas, J.-This is the story of a murder committed as revenge for another murder. Appellants were involved in the second murder and they challenged the conviction and sentence imposed on them by the Sessions Court and confirmed by the High Court in appeal.

2. The murder person in this case was one Bagicha Singh. There was a dispute over one house building as between the said Bagicha Singh and one Jagtar Singh which remained alive for some time. In that dispute, Karnail Singh (father of accused Nos. 1 to 3) gave support to Jagtar Singh. In a previous incident the said Karnail Singh was murdered and a criminal case was charge-sheeted against PW-12 Balkar Singh, PW-13 Swaran Singh and PW-14 Hardip Singh and some others.

3. According to the prosecution version the occurrence in this case happened on the night of 27.1.1985 at about 8.00 P.M. when deceased Bagicha Singh was going in the company of PW-12, PW-13 and PW-14 to reach their village. They were waylaid by eight assailants including the appellants herein near the yard of one Harbans Singh. Appellant Gurmukh Singh (A-1) made an exhortation to his companion assailants to carry out the onslaughts for avenging the murder of













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