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2009 Supreme(SC) 988

S.B.SINHA, MUKUNDAKAM SHARMA
Baldev Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant :T.S. Doabia, Sr. Adv., Sudarshan Singh Rawat, Ms. Abha R. Sharma, Advocates.
For the Respondent:Kuldip Singh, R.K. Pandey, T.P. Mishra, H.S. Sandhu, Sanjay Katyal, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. This appeal is directed against the judgment and order dated 14.12.2006 passed by a Division Bench of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 298-DB of 2006 affirming the judgment and order dated 30.3.2006 passed by the Additional Sessions Judge, Jalandhar convicting the appellant herein for commission of an offence under Section 302 read with Section 120B of the Indian Penal Code (for short, “IPC”) and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs.5000/-, and in default of payment of fine, to further undergo rigorous imprisonment for six months.

2. Appellant - Baldev Singh and Pritam Singh (the deceased) were brothers. Both were Non Resident Indians (N.R.I.).

A civil suit was filed by the deceased Pritam Singh against his nephew Harbhinder Singh, Tehal Singh and his brother Baldev Singh seeking declaration that the sale deed executed on 21st October, 1997 on the basis of a Power of Attorney dated 15th October 1990 is null and void as it was allegedly forged and fabricated.

On or about 17.2.2001 at about 11.00 a.m., when Pritam Singh was making preparation to leave his house in Paragpur for



























































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