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2018 Supreme(SC) 1585

ARUN MISHRA, INDU MALHOTRA
Bhagmal – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Anis Ahmed Khan, AOR, Mr. R.K. Kapoor, Ms. Rekha Giri and Ms. Kheyali Sarkar, Advocates., for the Appellant; Mr. Alok Sangwan, (AAG), Dr. Monika Gusain, AOR, Mr. Utkarsh Srivastava and Mr. R.K. Tripathi, Advocates., for the Respondent

ORDER

1. This appeal arises out of judgment and order dated 9 th January, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 212-DB of 1998 whereby the High Court has dismissed the appeal preferred by the appellant while affirming the sentence awarded by the trial court under Section 302 and 506, IPC to undergo life imprisonment and to pay a fine of Rs.500/- and also to undergo rigorous imprisonment for two years for the offence under Section 506, IPC.

2. The facts, in brief, can be summarized as under:

    One Roshan Lal (PW-6) and Hanuman Parshad (PW-11) are real brothers and are sons of deceased Jagdish Parshad. The former runs a shop in the area of Village Nangal. In the early part of the day on 23 rd January, 1995, the appellant and his two brothers namely Satbir and Tejpal stood in front of the shop run by Roshan Lal who requested them not to stand in front of the shop. The objections raised by him infuriated appellant and his two brothers. The appellant gave a lathi blow and his two brothers gave fist blows to Roshan Lal. Shri Ram and Hunuman Parshad, the prosecution witnesses appeared on the scene in the meantime and saved Roshan Lal.

3. La

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