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1984 Supreme(HP) 83

H.S.THAKUR, T.R.HANDA
SURINDER KUMAR – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
S/Shri S.S. Kanwar, M.L. Verma, A.K. Kapila and M.G. Chitkara, for Appellants; M.S. Chandel, Asst. Advocate General, for Respondent

JUDGEMENT

T. R. Handa, J. :- Criminal Appeal No.22 of 1982 and Criminal Appeal No.25 of 1982, arising as they do, out of the same judgment of conviction and sentence recorded by the Sessions Judge, Dharmasala, would stand disposed of by this common judgment.

2. S/Shri Surrinder Kumar Malhi and Ravinder Kumar Malhi are the appellants in Criminal Appeal No.22 of 1982. They are real brothers. Smt. Raj Rani, appellant No.1 in Criminal Appeal No.25 of 1982 is their mother while Smt. Shanta Bala, the other appellant in that appeal, is the wife of Shri Surrinder Kumar Malhi, appellant No.1 in Criminal Appeal No.22 of 1982. All these appellants were accused of having committed the murder of Smt. Vinod Bala (wife of Shri Ravinder Kumar Malhi) by setting her on fire in pursuance of a criminal conspiracy to which they were all parties. They were, therefore, all tried jointly for the offences under Ss.302 and 120-B I.P.C. Both the ladies who are appellants in Criminal Appeal No.25 of 1982 were found guilty of the offence under S.302 IPC by the learned Sessions Judge and convicted accordingly. The two brothers who are appellants in the other appeal were, however, found involved in the murder of



























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