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2010 Supreme(P&H) 1732

SATISH KUMAR MITTAL, JORA SINGH
Shamsher Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Satish Kumar Mittal, J.

1. In the present case, in an unfortunate incident, which took place on 23.6.2008, a young boy; aged 20 years, namely Kuldeep son of Mohan Sharma, who was doing the labour work, was killed by a gun shot fired by appellant Sham- sher Singh. For the said incident, five accused were tried by the court of Additional Sessions Judge, Fast Track Court, Gurgaon, for the offences under Sections 302 and 323 read with Section 34 IPC. In addition to these offences, the appellant was also tried for the offence under Section 27 of the Arms Act. However, vide judgment dated 18.5.2009, passed by the trial court, only the appellant was convicted under Sections 302 IPC and 27 of the Arms Act and the remaining four accused were acquitted of the charges framed against them. Vide order dated 20.5.2009, the appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- under Section 302 IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- under Section 27 of the Arms Act.

2. Against the said judgment and order, the instant appeal was filed by the appellant, which was admitted on 27.5.2009. In the app




















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