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2001 Supreme(SC) 576

DORAISWAMY RAJU, R.C.LAHOTI
Mithu Singh – Appellant
Versus
State Of Punjab – Respondent


.

JUDGMENT

R.C. Lahoti, J.-Mithu Singh, the accused appellant, and one Bharpur singh were tried on charge under Section 302/34 I.P.C. for the murder of Gurdial Kaur on 17.8.1985 at Village Bhame Kalan, District Bhatinda. In view of unlicensed pistols having been recovered from each one of them they were also charged under Section 27 of the Arms Act, 1959. On trial the Session Judge, Bhatinda found both the accused persons guilty of the offences charged. Each of them was sentenced to life imprisonment with a fine of Rs.1,000/- under Section 302/34, I.P.C. They were also sentenced to two years rigorous imprisonment each under Section 27 of the Arms Act. Both the accused persons preferred appeals before the High Court of Punjab which have been dismissed. Special leave petitions were filed by both of them before this court. On 19.7.1991 the SLP filed by Bharpur Singh was directed to be dismissed by this court. However, the petition filed by Mithu Singh, the appellant has been entertained and leave granted.

2. According to the prosecution, Gurdial Kaur, the deceased, is said to have executed a sale deed of a piece of land in favour of late Gurdev Singh, the father of accused Bharpur Singh.








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