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1996 Supreme(P&H) 1116

HARPHUL SINGH BRAR, B.RAI
Nirmal Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Harphul Singh Brar, J.

1. This is an appeal against the judgment/order dated 24.1.1994 of the learned Sessions Judge, Amritsar vide which he convicted Nirmal Singh appellant under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/-. In default of payment of fine, he was ordered to undergo further R.I. for six months.

2. The prosecution story in brief is that Joginder Kaur was married with Nirmal Singh accused who used to mal-treat her and on account of this, she had taken up residence with Amarjit Singh, elder brother of the accused. On 25.6.1991, Harjinder Singh P.W. and his mother Joginder Kaur were present in their house when Nirmal Singh came there and told Joginder Kaur that he would teach her a lesson for having started living with Amarjit Singh. On hearing this, the deceased got up and went inside a room and Nirmal Singh followed her into the room of the house. When Harjinder Singh tried to follow them inside, Nirmal Singh threatened to kill him. In the meantime, Amarjit Singh, the elder brother of the accused had reached there and he asked Harjinder Singh as to why he was weeping. Harjinder Singh told him that Nirma























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