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2008 Supreme(SC) 895

ARIJIT PASAYAT, P.SATHASIVAM
Dalbir Singh – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the judgment of the Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the appellant who was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’), and Section 148 of IPC. He was sentenced to undergo RI for life and one year respectively for the two offences.

3. This is one of the cases of a nature which are increasing by leaps and bounds i.e. commission of offence for property. In the instant case the key player is the appellant Dalbir (hereinafter referred to as the ‘accused’) who killed his uncle Ram Pratap (hereinafter referred to as the ‘deceased’) and the key witness is Surja Ram (PW8), the grandfather of the accused.

4. Flittering out unnecessary details the case of the prosecution is as follows:

On 17.5.1995 on receipt of a ruqa from the doctor, CHC Rania, regarding admission of injured Ram Partap (since deceased), Sub Inspector Ram Partap, visited the hospital where the doctor produced before him a ruqa regarding death of Ram Partap, Surja Ram, complainant, father of the deceased, was found present there n








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