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1996 Supreme(P&H) 213

V.K.BALI, K.S.KUMARAN
Sawinder Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

V.K.BALI, J.

1. Sawinder Singh alias Chhinda son of Ishar Singh has filed the present appeal against order of conviction and sentence recorded against him by Shri Nirmal Singh, Addl. Sessions Judge, Amritsar, dated September 19, 1994, vide which he was held guilty under S. 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- and in default thereof, to further undergo RI for three months.

2. As per the prosecution version, the appellant in the company of Tarsem Singh and Mohan Singh who could not be apprehended, and were, as such declared proclaimed offenders, had killed Sulakhan Singh, in the presence of his son, Sona, a child of 12-13 years. It is on the statement of Sona that the F.I.R. with regard to murder of Sulakhan Singh came to be recorded on March 21, 1990 at 11.45 a.m. Sona, while narrating the events leading to the death of his father, stated that he belonged to village Bajuman. They were two brothers and two sisters. His elder sister Nindero wife of Dharam Singh was married at village Abdal and he along with his father was living at village Abdal with his sister for the last 5-6 years. Last night, his matern








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