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1983 Supreme(SC) 146

M.P.THAKKAR, S.MURTAZA FAZAL ALI
Surjit Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.N.Mulla, A.S.Sohal, D.D.SHARMA, M.C.DHINGRA, R.C.BHATIA

JUDGMENT :- Appellant, Surjit Singh, has been convicted under Section 303, I.P.C. and the other two appellants have been convicted under Section 302/34, I.P.C. for having committed the murder of the deceased Dhan Kaur. The facts of the case are detailed in the judgment of the High Court and it is not necessary to repeat the same. According to the prosecution appellant Surjit Singh was undergoing a sentence of imprisonment for life for having committed the murder of his own mother resulting from a land dispute when this offence was committed.

2. On 6th July, 1979 he was released on parole on personal grounds and within about a month from that date, that is to say, on 8th August, 1979 the present occurrence took place in the consequence of which Dhan Kaur was done to death. The accused pleaded innocence but the prosecution case has been established and Mr. Mulla with his usual fairness did not press this appeal on facts and confined his argument only to the question of sentence upon the conviction being altered to one under Section 302, I.P.C. The Sessions Judge and the High Court had convicted the appellant and sentenced him to death under Section 303, I.P.C. which has now been struc




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