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2004 Supreme(P&H) 305

AMAR DUTT, K.S.GAREWAL
Jagsir Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

K.S.Garewal, J.

1. Jagsir Singh has filed this appeal to challenge the judgment of learned Sessions Judge. Faridkot dated January 14, 1997 whereunder he was convicted under Section 302, IPC, for the murder of Bant Singh and also under Section 450, I.P.C. for entering Bant Singhs house to commit his murder. The appellant was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for two months. He was further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for one month. Both sentences had been directed to run concurrently.

2. On the night of October 5, 1993 at about 9 p.m. Jagsir Singh trespassed into Bants Singh house at Kotli Ablu where Bant Singh was present along with his son Boota Singh (PW-5) and Boota Singhs wife Charanjit Kaur (PW-3). Three of them were sitting in the courtyard where a light was on. They were engaged in conversation. Jagsir Singh entered the courtyard, armed with a gandhala, and told Bant Singh that he would not be allowed to escape alive si

























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