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2006 Supreme(P&H) 839

MEHTAB S.GILL, UMA NATH SINGH
Satpal And Anr. Etc. – Appellant
Versus
State Of Haryana – Respondent


Judgment

Mehtab S.Gill, J.

1. We will be deciding Criminal Appeal Nos. 116-DB of 2003 and 153-DB of 2003 as they arise out of a common judgment/order. Appellants Satpal son of Chander, Deepak son of Satpal and Sahi Ram son of Chander were convicted by the Additional Sessions Judge (Fast Track Court), Sonepat on 23/24-12-2002 and sentenced to undergo rigorous imprisonment, for a period of five years and to pay a fine of Rs. 1000.00 each, in default of payment of fine, to further undergo rigorous imprisonment, for a period of one month each under Section 452, IPC. Life imprisonment was awarded to the appellants under Section 302 read with Section 34, IPC and to pay a fine of Rs. 2000.00 .

2. The case of prosecution is unfolded by the statement Ex.PG (dying declaration) of Rameshwar son of Raghubir Singh Tyagi, made on 4 8-1999 at 6.15 p.m. to Baljit Singh ASI PW-14, at C.H.C. Ganaur. Rameshwar stated that he was sleeping in his kotha (room) of his tubewell, in his fields. At about 2 p.m. Satpal, Sahi Ram sons of Chander and Deepak son of Satpal, all residents of village Ghasauli came there. Sahi Ram was armed with a Saria (iron rod). Depak was armed with a knife and Satpal was armed w















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