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1988 Supreme(SC) 13

B.C.RAY, K.JAGANNATHA SHETTY
Patori Devi: State Of Haryana – Appellant
Versus
Amar Nath – Respondent


Judgement

JAGANNATHA SHETTY, J.:- These appeals are directed against the judgment dated September 17, 1979 of the High Court of Punjab and Haryana acquitting all the accused by setting aside the conviction and sentence under S. 302 read with Ss. 149 and 148 of the Indian Penal Code.

2. Three brothers, Balbir Singh, Bhagat Singh and Raja Ram were murdered on April 23, 1975 at about 3-4 p.m. The prosecution story was that Hari Singh, PW 4 and his brothers, Balbir Singh and Bhagat Singh along with Raja Ram were working in their fields on that fateful day. At that time, their buffalo chanced to have trespassed into the fields of Bhagat Ram alias Bhagtu, son of Rulia Ram. On this Bhagtu and his brother Jai Narain accompanied by Raja Ram came to the fields of the deceased to make a complaint. Lajja Ram, deceased assured these people that such a thing would not happen again. On this assurance being given, the said three persons went away. The prosecution story further went on to state that after about one hour of the said incident not only the three persons mentioned above but the remaining accused persons also came and stayed on the doul of the field of these persons. Bhagat Ram was stated















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