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1995 Supreme(P&H) 1248

A.S.NEHRA, S.C.DATTA
State Of Punjab – Appellant
Versus
Anil Kumar – Respondent


Judgment

A.S.Nehra, J.

1. State of Punjab has filed this appeal against the decision dated April 20, 1987 rendered by the Sessions Judge, Ludhiana, by which Anil Kumar, accused-respondent, has been convicted under Section 326, Indian Penal Code, and sentenced to undergo a little more than ten months rigorous imprisonment which he had already suffered as detention during the investigation and trial of the case.

2. The prosecution case, briefly stated, is as under:-

The services of Anil Kumar accused were terminated by M/s Satluj Hosiery Mills, Ludhiana, sometime prior to the present occurrence. On June 5, 1986, the accused came to the premises of the factory in order to see the employer, but Bansi Lal injured (PW2), who was working as a peon in that factory for the last ten years, did not allow him to see the employer which resulted in the exchange of hot words. On June 7, 1986, at about 4.15 P.M., Bansi Lal, injured, went to the Tea Stall of Tehal Singh (PW4) for fetching tea, when Anil Kumar accused happened to accost him there and started abusing him saying that he was responsible for the termination of his services. Bansi Lal PW restrained the accused from doing so, whereupon the














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