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1990 Supreme(SC) 792

S.R.PANDIAN, K.JAYACHANDRA REDDY
Inderjit Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

These two appellants along with two other accused took their trial on the allegations that on 31-7-75 at village Malri in furtherance of their common intention caused the death of the deceased, Gurbax Singh, in that each of the two appellants before us, namely, Inderjit Singh and Mohan Singh have a barcha blow on the right and left side of the abdomen of the deceased and in the course of the same transaction, Lember Singh injured Bikkar Singh P.W. 6 and the rest of the accused shared the common intention of Lember Singh in causing the simple injury to P.W. 6. The trial Court acquitted Lember Singh and Piara Singh and convicted these two appellants under S. 302 read with S. 34, I.P.C. and sentenced each of them to undergo imprisonment for life. The motive for the occurrence relates to a dispute with regard to the construction of a wall. Immediately after the occurrence, the deceased gave a statement (Exh. P.X.) before P.W. 10 on the basis of which the FIR Ex. PI was prepared. This statement was recorded between 7.30 a.m. and 7.35 a.m. that is within two hours of the occurrence. The deceased might have stayed away in his relation. Next day, the deceased did not turn up. Then




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