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2019 Supreme(SC) 1333

L.NAGESWARA RAO, HEMANT GUPTA
DARSHAN SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
For the Appellant(s) :D.P. Singh, Sonam Gupta, Ishita Jain, Sanjay Jain, Advocates
For the Respondent(s):Jaspreet Gogia, Mandakini Singh, Ashima Mandla, Anupriya, Advocates

JUDGMENT

Hemant Gupta, J.

The judgment and order dated 19th February, 2009 passed by the Division Bench of the High Court of Punjab & Haryana in an appeal filed by the three appellants is subject matter of challenge in the present appeals. It is admitted at Bar that the appellant Swaran Kaur died during pendency of the present appeals after she was released on bail by this Court on 4th October 2010.

2. An FIR was lodged by Jarnail Singh (PW-7) on 28th March, 2005 at 12:35 pm. He was the member of Nagar Palika, Morinda and had taken 7 Bigha of land on lease from Pritpal Singh, Mohan Singh sons of Khushal Singh on which he had sown wheat crop. He had also taken 7 Bigha of land on lease from Faqir Chand where again he had sown wheat crop. He stated that the wheat in the land of Faqir Chand is of small size but the wheat in the land of Pritpal Singh was 21/2 feet in height. He further stated that at about 10:30 am in the morning on that day, he along with Mohinder Singh Lamberdar (Village Headman) and Hari Pal had gone to his field but noticed a foul smell emanating from the land of Pritpal Singh near dump of wheat husk. He noticed a jute bag with maggots around it and suspected it to be


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