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2006 Supreme(Raj) 1346

N.N.MATHUR, MANAK MOHTA
Swaran Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. M.K. Garg and Mr. Niranjan Singh, for the Appellants
Mr. Vishnu Kachhwaha, Public Prosecutor.
Mr. T.R. Singh, for the Complainant.

Judgment

N.N. Mathur, J.-This appeal is directed against the Judgment dated 20.12.1999 passed by the learned Additional Sessions Judge, Raisinghnagar convicting appellant Kulwant Singh of the offence under Section 302, IPC and sentencing to imprisonment for life and to pay a fine of Rs. 5,000/-and in default, to further undergo one years simple imprisonment. Appellants Swaran Singh and Kulvinder Kaur have been convicted of the offence under Section 302 with the add of Section 34, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/-each and in default, to further undergo six months simple imprisonment.

2. Before adverting to the evidence on record, we may notice that the accused persons and the prosecution witnesses belong to one and the same family; first appellant “A1” Swaran Singh being father, second appellant “A2” Kulwant Singh the younger brother and third appellant “A3” Smt.Kulvinder Kaur the sister-in-law (A2 Kulwant Singhs wife) of deceased Malkiyat Singh, while the star eye witnesses PW. 6 Bhupendra Kaur, PW. 7 Jasvinder Singh and PW. 10 Balbeer Kaur are the wife, elder brother and `Bhabhi of deceased. They lived in a residential compound in separate





























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