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1991 Supreme(SC) 627

M.FATHIMA BEEVI, S.R.PANDIAN
Sukhdev Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

The appellant Sukhdev Singh has directed this criminal appeal canvassing the correctness and legality of the judgment made in Criminal Appeal No. 578 of 1979 on the file of the High Court of Punjab and Haryana confirming the judgment of the trial Court, convicting him under S.302, I.P.C. and sentencing him to undergo imprisonment for life therefore.

2. This appellant along with three others took their trial on the allegation that on 13-9-78 at about 5.00 p.m. in the revenue village Shahpur Kalan, in furtherance of common intention murdered Sant Singh alias Lilloo, the deceased herein. On the said allegation, the appellant was charged for an offence under S.302 whilst the rest of the three accused were charged under S.302 read with S.34, I.P.C.

3. According to the prosecution, this appellant and the other three accused who are since acquitted and who are not before us emerged from sugarcane field. The appellant had a gandasa (chopper), the accused Atma Singh had a Takua (distaff) and the remaining two accused had ghops.A lalkara (challenge) was exhorted by the appellant stating that the deceased should be taught a lesson since he had given some information to the police in con







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