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2024 Supreme(SC) 349

B. R. GAVAI, SANDEEP MEHTA
Kirpal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vineet Jhanji,Adv. Mr. Ranbir Singh Kundu,Adv. Mr. Imran Moulaey,Adv. Mr. Ravinder Pal Singh,Adv. Ms. Jyoti Mendiratta, AOR
For the Respondent(s): Mr. Siddhant Sharma, AOR

JUDGMENT :

SANDEEP MEHTA, J.

1. The instant appeal has been preferred on behalf of the appellant for assailing the judgment dated 28th February, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 662-DB of 2003, whereby the appeal preferred by the appellant was dismissed, thereby affirming the judgment and order dated 26th July, 2003 rendered by the learned Additional Sessions Judge (Ad-hoc), Hoshiarpur, vide which the appellant was convicted and sentenced as below:

    (i) Under Section 302 of the Indian Penal Code (hereinafter being referred to as ‘IPC’) - Imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine, to undergo further rigorous imprisonment for a period of one month.

    (ii) Under Section 307 IPC - Rigorous imprisonment for a period of five years and a fine of Rs. 1,000/- in default of payment of fine, to undergo further rigorous imprisonment for a period of 15 days. Both the sentences were ordered to run concurrently.

Brief facts:

2. Sharan Kaur, the first informant (PW-5), wife of Balwinder Singh (deceased) used to reside along with her family members in the house which was situated on the backside of the groce

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