B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
DARBARA SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
JUDGMENT
Dr. B.S. Chauhan, J.-This appeal has been preferred against the judgment and order dated 6.2.2008 passed by the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No.248-DB of 1998, by which the High Court affirmed the judgment and order dated 7.4.1998 passed by The Additional Sessions Judge, Ferozepur in Sessions Case No.11 of 1996, by which the appellant stood convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter called ‘IPC’) and was awarded the imprisonment for life and a fine of Rs.5,000/- was imposed upon him. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for 2 years. Co-accused Kashmir Singh @ Malla Singh @ Malli was also similarly convicted and sentenced.
2. Facts and circumstances giving rise to this appeal are as follows: A. On 28.10.1995, FIR No.150/95 was registered under Section 302 IPC at Police Station Dharamkot, alleging that Kashmir Singh and Hira Singh had gotten into a verbal feud with Mukhtiar Singh over the sale of country liquor on credit. Upon Mukhtiar Singh’s refusal to give them liquor on credit basis, they threatened to teach him a lesson. Kashmir Singh and Hira Singh returned
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