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
Anwar Hussain v. The State of U.P. and Anr. (AIR 1981 SC 2073)
Umar Ahir and others v. The State of Bihar: AIR 1965 SC 277
Balaka Singh andothers v. The State of Punjab: AIR 1975 SC 1962)
(See Zwieolae Ariel v. State of Madhya Pradesh: AIR 1954 SC 15; referred to.(Para 10)
Gurucharan Singh and another v. State of Punjab: AIR 1956 SC 460)
Nisar Alli v. The State of Uttar Pradesh:AIR 1957 SC 366)
(See Sahrab s/s Belli Nayata and another v. The State of Madhya Pradesh: (1972) 3 SCC 751
State of Rajasthan v. Smt. Kalki andanother: AIR 1981 SC 1390
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