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2009 Supreme(HP) 697

SURINDER SINGH, SURJIT SINGH
KEHAR SINGH – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the Appellant:Mr. Anup Chitkara & Ms Nidhi Chawla, Advocates. For the Respondent:Mr. Ramesh Thakur, Assistant Advocate General.

JUDGMENT

Surjit Singh, J (Oral):-Appellant Kehar Singh has preferred this appeal against the judgment, dated 10th March, 2005, of learned Additional Sessions Judge, Fast Track Court, Chamba, whereby he has been convicted of offences, under Sections, 302 and 201 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000/-, for offence, under Section 302 of the Indian Penal Code, and to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000/-, for offence, under Section 201 of the Indian Penal Code.

2. Case of the prosecution, which led to the aforesaid conviction and sentence of the appellant, may be summed up thus. Deceased Khiali Ram was native of village Basanda, where he used to live with his father, PW-15 Jai Karan. He set up a business of cable operator in a nearby village, known as Beauti, which is at a distance of 1½ km from village Basanda. It appears that he had arranged for his residence at village Beauti also, but normally he would return to his native place, in the evening, after day’s business. On 21st August, 2002, he met PW-4 Kalyan Singh, his real brother, at a place called Ghatili Nullah, around 5.30 p.
























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