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2014 Supreme(SC) 150

B.S.CHAUHAN, A.K.SIKRI
Pal Singh – Appellant
Versus
State of Punjab – Respondent


ORDER

Dr. B.S. CHAUHAN, J.

1. This special leave petition has been filed against the judgment and order dated 4.7.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-14-DB of 2005, maintaining the conviction and sentence of life imprisonment of the petitioners under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’).

2. Facts and circumstances giving rise to this petition are that:

A. As per the case of the prosecution, an FIR No. 69 dated 14.4.2002 was lodged at 1.00 a.m. alleging that five accused persons including the present two petitioners committed the murder of Sarabjit Singh @ Kala. Thus, on the basis of the complaint the case was registered under Sections 148, 302/149 IPC in P.S. Sadar, Phagwara, District Kapurthala.

B. In view thereof, the investigation ensued and after completion of the investigation, a charge sheet was filed against the five accused persons including the present two petitioners under Sections 148, 302/149 and 120-B IPC. The trial was concluded and the learned Sessions Court convicted all the five accused persons including these two petitioners vide judgment and order dated 16.11.2004 for the


























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