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1997 Supreme(SC) 141

B.N.KIRPAL, M.K.MUKHERJEE
S. Kaur – Appellant
Versus
Baldevsingh – Respondent


ORDER

1. This appeal is filed by the complainant against the judgment of the Punjab and Haryana High Court who had allowed the appeal of the respondents who had been convicted by the Sessions Judge, Sangrur under Sections 302/34 IPC and had been sentenced to imprisonment for life and to pay a fine of Rs 3000 and in default to undergo RI for one year.

2. According to the prosecution, on 4-10-1984, Kirpal Singh, deceased, was killed in his field at about 12 noon. The case of the prosecution is that in the morning Satinder Kaur (PW 3) - the 17-year- old daughter of Kirpal Singh went to their fields at about 7.30 a.m. to pick cotton Kirpal Singh, deceased, reached the fields at about noontime on his tractor Near the tubewell a room has been constructed where, on the arrival of her father, PW 3 prepared tea. After finishing tea PW 3 picked up the utensils and started cleaning them, taking water from the tubewell. At that time, Baldev Singh, Respondent 1 armed with a gandasa, Sher Singh, Respondent 2 armed with a takwa and one more person viz., Tara Singh armed with a gandasa appeared at the scene. Baldev Singh is reported to have shouted that Kirpal Singh should not be left alive whereu











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