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2003 Supreme(SC) 1051

DORAISWAMY RAJU, ARIJIT PASAYAT
Prem Sagar – Appellant
Versus
Dharambir – Respondent


JUDGMENT

Arijit Pasayat, J.-These two appeals are interlinked being directed against the same judgment of the Punjab and Haryana High Court. While Criminal Appeal no. 242/2003 is by the convicted persons, Criminal Appeal no. 243/2003 is by the informant. The three appellants in Criminal Appeal No. 242/2003 have been found guilty of offence punishable under Section 302 read with Section 34 and 120-B of the Indian Penal Code, 1860 (for short the IPC ). While accused-appellants Dharambir and Joginder were awarded death sentence by learned Sessions Judge, Hisar, appellant-Karambir was sentenced to undergo imprisonment for life. Each of the accused persons was asked to pay a fine of Rs. 25,000/- each. In appeal before the High Court, the death sentence was commuted to life sentence in case of accused-Dharambir and Joginder. The convictions, however, were maintained. It is to be noted that accused-Joginder, as per the information given to this Court by learned counsel for the appellants, has died during pendency of the appeal and, therefore, the appeal so far he is concerned, has abated.

2. The backgrounds facts are as under:

Appellants (Dharambir, Joginder Singh and Karambir) along with t











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