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1993 Supreme(SC) 15

P.B.SAWANT, S.MOHAN
Jagtar Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

 Originally, there were four accused charged for the murder of the victim Kulwant Singh. The present appellant was one of the four accused. He was charged for the offence under S. 302, Penal Code [the IPC] as well as under S. 307 read with S. 34, IPC. The rest three accused were charged for the offence under S. 302 read with S. 34 as well as under, S. 307 read with S. 34, IPC. Since the victim was only Kulwant Singh for whose death the accused were charged under S. 302, IPC we have not understood the charge framed by the learned Sessions Judge under S. 307, IPC also in connection with the same murder. Nor have we followed the conviction of the present appellant under S. 307 read with S. 34 in addition to his conviction under S. 302 of IPC. It further appears that the High Court has not noticed this anomaly in the convictions and sentences both under S. 302 and S. 307 read with S. 34, of the present appellant.

The facts are in a narrow compass and the finding recorded by both the Courts below can hardly be challenged, namely, that it was the appellant who had inflicted the three fatal injuries on the chest of the victim, as a result of which the victim met with his death. We









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