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2009 Supreme(SC) 825

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Nafe Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
for the Appellant :K.G. Bhagat, Mrs. Manju Bhagat, Manohar Singh Bakshi, Vineet Bhagat, Debasis Misra, Advocates.
For the Respondents:Rajeev Gaur ‘Naseem’, Ms. Naresh Bakhsi, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division of the Punjab and Haryana High Court dismissing the appeal filed by the appellant.

2. Three accused persons faced trial for alleged commission of offences punishable under Section 302, 323 and 324 read with Section 34 of the Indian Penal Code, 1860 (in short “IPC”) for allegedly intentionally causing the death of Bhanwar Singh (hereinafter referred to as “the deceased”) in furtherance of their common intention and causing injuries to Mukesh (PW.8) and his brother Vinod. The trial court found the accused persons guilty and convicted them for the offences punishable under Sections 302, 323 and 324 read with Section 34 IPC. The appeal was filed by all the three convicted accused persons. Criminal Revision No.474/2005 was filed by the complainant.

3. The prosecution version in a nutshell is as follows:

4. On 30.5.2002, Kanwar Singh (PW.4) complainant along with his brother, namely, deceased Bhanwar Singh was working in the fields known by the name of Yamuna belt. Ram Phal son of Sugna, resident of Goela Khurd, was also ploughing his fields. Besides, the sons of the complainant, namely, Vinod












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