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2002 Supreme(SC) 2385

R.C.LAHOTI, BRIJESH KUMAR
Virinder Singh @ Garra – Appellant
Versus
State (Govt. of N. C. T. of Delhi) – Respondent


ORDER :

The accused-appellant has been found guilty of offence punishable under Section 302 Indian Penal Code un-section 27 of Arms Act. He has been sentenced to undergo imprisonment for life with a fine of Rs. 25,000/- in default of payment of fine to further undergo RI for three years under Section 302 Indian Penal Code and to undergo RI for four years with a fine of Rs. 5000/- and in default of payment of fine to further RI for six months under Section 27 of the Arms Act.

2. Briefly stated the prosecution story is that the relationship between the deceased Raj Kapoor and the appellant, Varinder Singh alias Garra was some what strained. On 25.5.1991, the deceased, Raj Kapoor accompanied by his father, Pratap Singh, PW-5 had gone to village Najafgarh. For the purpose of returning to their won village Galibpur they boarded a DTC bus from Najafgarh at about 9.00 p.m. In the bus the deceased, Raj Kapoor and surinder Singh, PW-1 were sitting side by side on one seat. Pratap Singh, PW-5 was seated on a seat behind. the accused appellant was sitting on a seat ahead of the deceased. The deceased and Surinder Singh, PW-1 were taking to each other loudly which was objected to by the accused-

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