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2011 Supreme(SC) 4

CHANDRAMAULI KR.PRASAD, HARJIT SINGH BEDI, P.SATHASIVAM
Jagat Singh – Appellant
Versus
State of H. P. – Respondent


JUDGMENT

P. Sathasivam, J. —

1) This appeal is filed against the final order and judgment dated 05.05.2010/26.05.2010 of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 270 of 1998 whereby the High Court reversed the order of acquittal of the appellant passed by the Sessions Judge, Una and convicted him under Sections 302 and 307 read with Section 34 I.P.C.

2) The brief facts leading to the filing of this appeal are as follows:

(a) Vikram Singh, the complainant (PW-1), his brother Bachittar Singh (since deceased) and Jagat Singh, appellant/accused (A-1), are residents of village Dehlan. Vikram Singh had a land dispute with the accused for the last 4/5 years. Rattan Singh - accused No.2 filed an application before the Assistant Settlement Officer (in short “ASO”), Una for demarcation of the land in dispute. On 29.04.1997, the ASO accompanied by Kanungo and Patwari had come to the spot for carrying out the demarcation of the said land. Jagat Singh (A-1), and Rattan Singh (A-2) also reached there. The field which was to be demarcated was situated by the side of the house of one Sehdev Singh. On learning that the accused have brought the ASO for demarcating the disp














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