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1993 Supreme(SC) 483

G.N.RAY, K.JAYACHANDRA REDDY
Dharma Pal – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

 There are eight appellants in this appeal. They along with two others were tried by the Additional Sessions Judge, Jullundur under S. 302 read with S. 149 IPC and allied offences. The trial Court, however, acquitted original accused No. I Baldev Raj and Hari Kishan, A-8 and another of all the offences. The accused Jagdish Kumar and Gulshan Kumar were convicted under Ss. 324 and 323 IPC and were released on probation for a period of one year. Tej Bhan and Hukum Chand were convicted under S. 325 and were sentenced to five years rigorous imprisonment. Accused Dharam Pal and Wazir Chand were convicted under S. 307 IPC and sentenced to five years rigorous imprisonment. All the convicted accused preferred an appeal and State also preferred an appeal against the acquittal of Baldev Raj. The High Court confirmed the conviction of Dharam. Pal and Wazir Chand under S. 307 and the sentence awarded thereunder. The conviction of Hukum Chand and Tej Bhan under S. 325 IPC was set aside and altered to one under S. 323 IPC and they were sentenced to one years rigorous imprisonment.

2. The High Court, however, allowed the appeal of State against Baldev Raj and convicted him under S. 324 IPC





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