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2012 Supreme(SC) 748

SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
SATBIR @ LAKHA – Appellant
Versus
STATE OF HARYANA – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-The second accused is the appellant before us. The challenge is to the common judgment of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos.488-SB/1995 and 580-SB/1995 dated 30.04.2009. By the impugned judgment, learned Single Judge of the High Court confirmed the conviction and sentence imposed on all the accused. The facts relating to the filing of this appeal, briefly stated, are that on 18.02.1992, Ravi Dass Jayanti was being celebrated in the village Saniana from donations collected from public. One Joginder Singh asked the appellant and Dalbir to spend the excess amount for the upkeep of the temple. At about 8 p.m. on that day, one Subhash s/o Nafe Singh (complainant), Jasbir Singh (PW-7), Kashmir Singh (PW-6), Joginder Singh and Surender Singh were present in the shop of one Kitab Singh, a tailor master. At that point of time, accused came to the spot and the appellant stated to have questioned Subhash (complainant) and others as to on what authority they were demanding for the accounts of the donation collections. When exchange of words took place between the complainant party and the accused party, the tai
































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