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2003 Supreme(SC) 558

S.RAJENDRA BABU, G.P.MATHUR
Thaman Kumar – Appellant
Versus
State of Union Territory of Chandigarh – Respondent


JUDGMENT

G.P. Mathur, J.-These appeals under Section 2 of Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 have been preferred against the judgment and order dated 27.3.1996 of High Court of Punjab and Haryana at Chandigarh by which the appeal preferred by the State was allowed and the judgment of acquittal passed by the learned Sessions Judge, Chandigarh was set aside and the appellants were convicted under Section 302 read with Section 34 IPC and were sentenced to imprisonment for life and a fine of Rs.2,000/- each and in default to undergo six months RI.

2. The case of the prosecution in brief is that the appellant Ashok Kumar (A-1) is owner of house no. 138 in Sector 35, Chandigarh which had been converted into a guest house known as "Friends Guest House". Thaman Kumar (A-2) and Rajesh Singh (A-3) were employed as servants in the aforesaid guest house. The deceased Bhanwar Singh was a rickshaw puller and he used to bring customers to the guest house for which Ashok Kumar (A-1) used to pay him commission. Sometimes he used to sleep in the garage of the guest house. A considerable amount towards commission, it is alleged, had fallen due regarding which he




























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