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2019 Supreme(Del) 602

HIMA KOHLI, VINOD GOEL
TIRATH SINGH YADAV – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
Jitendra Sethi, Adv., Hemant Gulati, Adv., Aashaa Tiwari, Adv., Deepika Mishra, Adv.

JUDGMENT :

VINOD GOEL, J.

1. By these appeals, the appellants have challenged the impugned judgment dated 20.03.2004 passed by the court of the learned Additional Sessions Judge, Delhi, ('ASJ') in Session Case No.100/2000 (1/2003) vide FIR No.371/2000, Police Station Vasant Kunj, whereunder both of them were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 ('IPC') and order on sentence dated 29.03.2004, sentencing them to undergo life imprisonment and pay a fine of Rs.1,000/- each and in default, to undergo simple imprisonment for a period of two months.

2. As per the case of the prosecution, the deceased, Ram Singh @ Lallan Yadav, the appellant, Tirath Singh Yadav (A-1) and Chaman Yadav (A-2) were employed by Bhupinder Kumar Kalra (PW-1) at his dairy farms No.37-38 and 23-22. The son of the deceased, namely, Raju Yadav (PW-2) used to stay with his father at the dairy farm and was prone to waste a lot of water from the tubewell. A-1 and A-2 used to object to the deceased's son wasting the water. This caused an altercation one day which led the accuse






































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