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1992 Supreme(SC) 173

K.JAYACHANDRA REDDY, R.C.PATNAIK
Kishan Chand: Gian Chand – Appellant
Versus
State Of Punjab – Respondent


Judgment

JUDGMENT :- There are two appellants before us namely Gian Chand and Kishan Chand. Both of them along with two others were tried by the learned Additional Sessions Judge, Jalandhar for offences punishable under Ss. 302, 307 read with S. 34 IPC. The trial court acquitted the other two accused and convicted Gian Chand under S. 302 and sentenced him to undergo R.I. for life and to pay a fine of Rs. 1,000/-. Kishan Chand was convicted under S. 326, IPC read with S. 34, IPC and sentenced to 3 years rigorous imprisonment and to pay a fine of Rs. 500/-. Both of them preferred appeals to the High Court and the State also preferred an appeal against the acquittal of Kishan Chand of the offence punishable under S.302, IPC. The Division Bench of the High Court dismissed the appeals filed by Gian Chand and Kishan Chand but allowed the appeal filed by the State and convicted Kishan Chand under S. 302 read with S. 34, IPC and sentenced him to undergo R.I.. for life. Kishan Chands appeal is admitted under the provisions of the SC Enlargement of Criminal Jurisdiction Act. In respect of Gian Chand, Special Leave was granted and both of them figure as appellants in this Criminal Appeal No.54






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