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1990 Supreme(SC) 575

M.FATHIMA BEEVI, S.R.PANDIAN
Sham Sunder – Appellant
Versus
Puran – Respondent


Advocates:
KAMLESH DUTT, Mahabir Singh, O.P.Soni, S.K.SABHARWAL, U.R.Lalit, Uma Datta

JUDGMENT

FATHIMA BEEVI, J.:—The respondents Purati and Tara Chand along with Ved, Balwan, Dhapan, Jagdish and Lal Chand were tried before the Additional Sessions Judge, Sonepat, for the murder of one Partap Singh and causing injuries to others. The learned Judge by judgment dated 18-5-1972 convicted these respondents for offences under Section 302, I.P.C., and Sections 323, 325 read with S. 149, I.P.C. They were sentenced to undergo imprisonment for life and ordered to pay a sum of Rs. 500/- each under S. 302, I.P.C., R.I. for one year under Seetion 148, I.P.C., R.I. for one year under Section 325 and R.I. for six months under Section 323, 1. P.C. The other accused were convicted for the minor offences and released on probation under Section 360/361, Cr.P.C. The respondents appealed against the conviction and sentence. The High Court by the impugned judgment dated 30-11-1982 disposed of the appeal thus:-

Admittedly there was no prior enmity between the parties. The quarrel arose out of a very insignificant matter like the burning of dry sugarcane leaves on the common boundary of the fields of the two parties. The ensuing altercation would probably have been forgotten had Partap Sing















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