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1995 Supreme(SC) 1193

M.K.MUKHERJEE, K.S.PARIPOORNAN
GURMUKH SINGH – Appellant
Versus
STATE OF HARYANA – Respondent


Advocates appeared:
P.C. Jain, Senior Advocate (S.K. Mehta, Advocate, with him) for the Appellants;
I.S. Goyal and Ms Indu Malhotra, Advocates, for the State.
R.L. Kohli, Senior Advocate (Prem Malhotra, Advocate, with him) 'for the Respondents.

JUDGMENT

M.K. MUKHERJEE, J.- Seventeen persons were placed on trial before the Additional Sessions Judge, Kurukshetra to answer common charges under Sections 148, 302/149, 307/149 and 447 IPC. Against seven of them (hereinafter referred to as "the appellants") a separate charge under Section 27 of the Arms Act, 1959 and against one of the appellants, namely, Karam Singh a further charge under Section 302 IPC (simpliciter) were also framed. On conclusion of the trial the learned Judge convicted sixteen of them including the appel1ants in respect of all the charges framed and sentenced them to different terms of imprisonment, including life.

2. Aggrieved thereby all the convicts preferred a common appeal which was initially heard by a Division Bench comprising two learned Judges of the High Court. Since the learned Judges were divided in opinion the appeal was laid before another learned Judge of the Court in accordance with Section 392 CrPC. The learned Judges affirmed the convictions and sentences recorded against the appellants but acquitted the others. Against such dismissal of their appeal, the appellants have filed one of these two appeals (Crl. Appeal No. 29 of 1987) while the o

















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