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1998 Supreme(SC) 7

S.S.M.QUADRI, G.T.NANAVATI
Lajo – Appellant
Versus
Slikhdev Singh – Respondent


Judgment

Nanavati, J.-The widow of Lal Chand, who was killed in the incident which took place on 28.6.1985 and in respect of which six accused including respondent Nos. 1 to 5 were tried in the Court of the Addi­tional Session Judge, Kurukshetra in sessions case No. 5/1 Add of 1986/Session Trial No. 25 of 1986, has filed these appeals, as re­spondent Nos. 1 to 5 have been acquitted by the High Court.

2. Lal Chand deceased and his brother Ram Sarup claimed to be in possession of Khasra No. 24/21. The prosecution case was that on 28.6.1985 at about 5.00 p.m. while Lal Chand and his brother Ram Sarup and his wife P.W. 6 Ishro were in the field, Sukhdev Singh, respondent No. 1 along with other accused came there and started ploughing the land. When Lal Chand tried to persuade them not to plough the land, Sukhdev Singh fired a shot from his double barrel gun and caused in­juries to Lal Chand. Thereafter other accused assaulted Ram Sarup, Ishro and others who came to their rescue and caused injuries to them also. The trial Court relying upon the evidence of P.W. 4 Ram Sarup, P.W. 6, Ishro, and P.W. 7 Nirmal Singh convicted Sukhdev Singh for the offence of murder and respondent Nos. 2 to 5






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