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1994 Supreme(SC) 990

S.P.BHARUCHA, A.S.ANAND
Sukhmandar Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

The appellant along with his father Jang Singh and mother Surjit Kaur were tried for offences under Sections 302 and 302/34 I.P.C. by the Special Judge, Ferozepore. While Jang Singh, father of the appellant, and Surjit Kaur, mother of the appellant were acquitted, the appellant was convicted for the offence under Section 302 I.P.C. and sentenced to suffer imprisonment for life. Through this appeal, under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984, he has questioned his conviction and sentence.

2. The prosecution case is that the field of Gurdev Singh, PW 3, father of Harcharan Singh (deceased) adjoins the field of Jang Singh, father of the appellant and over the water channel, there is a small bridge which was being used by both the parties. On May 4, 1984, at about 5 p.m. Gurdev Singh PW 3, his wife Gurjit Kaur PW 4 and Harcharan Singh (deceased) were proceeding to their field in a trolley driven by the tractor and when they reached at a distance of about 7 feet from the bridge, Surjit Kaur, Sukhmandar Singh armed with gandasa and Jang Singh armed with a lathi, after raising a lalkara that they would not allow the complainant party to cross over























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