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1995 Supreme(SC) 1124

A.S.ANAND, SUHAS C.SEN
Balwinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
AMITA GUPTA, GUDWILL INDIVER, R.L.Deo, R.S.Suri

Judgement

Dr. ANAND, J.:-The appellant on conviction by the learned Judge, Special Court, Patiala for offences under SectionS 302/201, IPC was sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000/- and in default to suffer further RI for two years for the offence under Section 302, IPC and 2 years RI for the offence under Section 201, IPC. Both the sentences were, however, directed to run concurrently. Though 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 in brief is that the appellant and Smt. Tajinder Kaur, PW-2 were married about 10 years prior to the date of occurrence which allegedly took place on 18-3-1984. Two daughters Pinky and Rozy aged about 6-1/2 or 7 years and 2-1/2 years respectively were born out of this wedlock. Ajmer Kaur, mother of the appellant as well as the appellant were unhappy with Tejinder Kaur, PW-2 for giving birth to daughters only and both she and the appellant used to quarrel with Tejinder Kaur on that account, who was also given beating by the appellant on certain occasions. On 17-3-1984 there was one such quarrel.
























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