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1984 Supreme(SC) 364

A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
Mohinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
M.K.Dua, P.N.PURI, R.C.Kohli, R.L.Kohli, S.K.Bagga, S.K.MEHTA

Judgment

FAZAL ALI, J. :- In these appeals by special leave four persons. namely. Mohinder Singh, Gurcharan Singh, Bharpur Singh and Jagvinder Singh were tried by the Sessions Judge for offences under Ss. 302/34 and 307/34 IPC and also under S. 27 of the Arms Act. After recording the entire evidence the trial court convicted Mohinder Singh tinder S. 304 Part I IPC and sentenced him to 7 years rigorous imprisonment. The other three accused were acquitted by the Sessions Judge. Mohinder Singh filed an appeal before the High Court of Punjab and Haryana against his conviction and sentence. The State Government also filed an appeal against Gurcharan Singh, Bharpur Singh and Jagvinder Singh so far as their acquittal was concerned and against Mohinder Singh so far as his acquittal under S. 302 IPC was concerned. The High Court without making any real attempt to analyse and appreciate the evidence led in support of the prosecution came to a general conclusion that the judgment of the learned Sessions Judge was not in accordance with law and that he had not dealt with some points or omitted to consider some points, and remanded the case back to the trial court for writing a fresh and proper






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