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1982 Supreme(SC) 154

BAHARUL ISLAM, D.A.DESAI
Gurmail Singh – Appellant
Versus
State Of Punjab – Respondent


ORDER:— Special leave granted limited to the question of the nature of offence and sentence in respect of the 1st appellant Gurmail Singh and limited to the question of sentence in respect of remaining three appellants.

2. Appellants four in number are brothers and they belong to Village Bhawal Bassi. Jagir Kaur, wife of Bogha Singh was on her way to her house from the field where she had gone on November 22, 1990, Accused 4 Shardul Singh is alleged to have cut a joke at her Jagir Kaur complained about the misbehaviour of accused 4 to her husband Bogha Singh whereupon Bogha Singh and his brother Gura Singh went to the house of accused 4 Sardul Singh to protest against his misconduct. This led to an altercation with the accused on one side and Bogha Singh and Gura Singh on the other. On November 23, 1980, between 2 and 2-30 p.m. when Bogha Singh and Gura Singh were sitting in front of their house accused 4 Sardul Singh armed with gandasi, accused 3 Jagseer Singh armed with a gandhali, accused 2 Gulab Singh armed with a Kassia and accused 1 Gurmail Singh armed with a spear arrived there. All the four accused raised a lalkara saying that Bogha Singh and Gura Singh should get ready to l














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