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1980 Supreme(SC) 25

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Piara Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against the order of the High Court of Punjab by which while confirming the conviction of the appellants under S. 304 Part I the High Court reduced the sentence from 10 years to 7 years R. I.

2. The facts of the case are detailed in the judgment of the High Court and it is not necessary for us to repeat them all over again. It appears that on the 5th March, 1972, at 6-30 P.M., there was some altercation between the deceased and the accused as a result of which the 4 accused persons viz., Bhag Singh, Piara Singh, Mit Ram and Bansi Lal entered into the house of the deceased Sarwan Singh and assaulted him with Toki, Gandhali, Bahola and Kirpan. The doctor found as many as 24 injuries on the person of the deceased. The doctor also was of the opinion that the injuries caused to the deceased were sufficient in the ordinary course of nature to cause the death of the deceased. the prosecution examined P. Ws. 3, 4 and 5 viz., Harbhajan Lal, the widow and the nephew of the deceased to prove the murderous assault on the deceased. Both the Courts below accepted the evidence of these three witnesses who were very natural witnesses


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