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2013 Supreme(SC) 1269

B.S.CHAUHAN, DIPAK MISRA
Phoolwati – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :- Varinder Kumar Sharma, Advocate.
For the Respondent:- Vikas Sharma, Manjit Singh, Kamal Mohan Gupta, Advocates.

ORDER :

These appeals have been preferred against the impugned judgment and order dated 17.12.2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 194-DB of 2002 by way of which, the High Court has rejected the Murder Reference No. 1 of 2002, however, awarded the life imprisonment to the appellants herein, and has issued a direction that all the three appellants, who have been awarded the death sentence by the trial court, would undergo sentence of 25 years without remissions keeping in view the heinous nature of the offence committed by them.

2. Facts and circumstances giving rise to these appeals are that:

    A. A very heinous incident occurred on 20.12.1996 wherein six accused persons committed murder of all the six members of a family. Only one minor girl survived unhurt. After investigation and completion of the other legal requirements, the charges were framed against them under Sections 302, 148, 149 and 449 of Indian Penal Code, 1860 (hereinafter referred to as `the IPC').

    B. The incident occurred due to a land dispute as it was alleged that the crops sown by one Om Parkash stood destroyed by the assailants. The Sessions Court vide judgment and

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