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2001 Supreme(SC) 1632

K.G.BALAKRISHNAN, UMESH C.BANERJEE
Brij Lal – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

K.G. Balakrishnan, J.-Appellant Brij Lal, along with three others, was tried by the court of Sessions, Sirsa, and convicted and sentenced for the offences punishable under Section 302, 307 read with Section 34 IPC. The appellant challenged his conviction and sentence before the High Court of Punjab & Haryana at Chandigarh, and by order and judgment dated 16th September, 1999, the High Court confirmed the conviction and sentence of the appellant. The facts of the case, in short, are as follows:

2. On 7.10.1993 at about 8.30 A.M., deceased Dharam Paul and his brothers, Mani Ram, Ram Kishan and Om Prakash, were trying to dig a tubewell near the Dhani of the appellant, for which they required a wooden log. Since it was not available there, they left that place in a tractor which was driven by Om Prakash. On their way, they saw the tractor of Brij Lal parked near his field. While their tractor passed by the tractor of Brij Lal, the brothers of the appellant, Brij Lal, made an exhortation to the effect that Dharam Paul and his brothers shall not be spared. The appellant was carrying a rifle. It is alleged that he fired a shot at Dharam Paul which caused extensive injuries to hi








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