B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
AVTAR SINGH – Appellant
Versus
STATE OF HARYANA – Respondent
JUDGMENT
Fakkir Mohamed Ibrahim Kalifulla, J. - These two appeals arise out of the common judgment dated 27.03.2009 passed in Criminal Appeal No.916-DB/2006 of the High Court of Punjab & Haryana at Chandigarh. The second accused is the appellant in Criminal Appeal No.1475/2010. Accused Nos. 4 to 9 are the appellants in Criminal Appeal No.1476 of 2010.
2. According to the case of prosecution, there was a civil suit pending as between Hansa Singh (PW-11) and Surjit Singh S/o Kundan Singh (DW- 2) at Samana (Punjab), that there was also an interim order granted by the Civil Court in favour of Hansa Singh (PW-11) as against Surjit Singh, that after hearing was over on 09.04.2003 in the Civil Court, the complainant party returned back home and were present at the house of PW-10 Harmesh Singh s/o Amarjit Singh in the evening. At that time, one Desa Singh, uncle of Harmesh Singh (PW-10) came and informed that some persons had gathered near the land with reference to which the litigation was pending in the Court at Samana and that they might harvest the crops belonging to Hansa Singh (PW-11). On hearing the said information, Harmesh Singh (PW-10) along with his father the deceased Amarjit S
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