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1975 Supreme(SC) 4

R.S.SARKARIA, V.R.KRISHNA IYER
Bishan Dass – Appellant
Versus
State Of Punjab – Respondent


Advocates:
O.P.RANA, O.P.Sharma

Judgment

IYER, J.:- The appellant, convicted of murder of Satya Devi, a young woman and her child, Surjit Kumar, by throwing a handgrenade into the house of Mohinder Pal, P. W. 7, husband of the deceased lady, was sentenced to death by the Sessions Judge. On appeal, the conviction and sentence were confirmed by the High Court. Of course, he has also been convicted for offences under Sections 325 and for causing injuries to Mohinder Pal aforesaid and a few others.

2. The substance of the prosecution case is that P. W. 7 was a grocer and cultivator. The accused was a neighbouring cultivator and had a dispute over the boundary between the two fields with P. W. 7. A quarrel had arisen on this score between the two and this led to grudge borne by the accused against P. W. 7. It is further alleged, as motive [or the offence, that the accused used to buy grocery from P. W. 7 s shop on credit but that the former defaulted to pay and when pressed, picked up a quarrel. These dual motives by themselves are not serious enough for the commission of a grave crime but who knows the psychic sensitiveness of individuals ? Both the courts below have held the motives true and we see no reason to disag












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