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2007 Supreme(P&H) 1078

RANJIT SINGH
Kashmira Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant:Mr. Rakesh Kumar, Advocate for Mr. Baljit Puri, Advocate.
For the State: Mr. M.C. Berry, Sr. DAG, Punjab.

JUDGMENT

Ranjit Singh, J.:- Kashmira Singh and Darshan Singh were prosecuted for offences under Sections 302/34 and 323/34 IPC. After trial, Kashmira Singh was convicted for an offence under Section 304 Part II IPC and sentenced to suffer RI for a period of 7 years and to pay a fine of Rs.2, 000/-.It was further directed that in default of payment of fine, he shall suffer further RI for a period of six months.This happened on 7.5.1994.The incident is of 5.4.1991.Appellant Kashmira Singh and Darshan Singh are younger brothers of Raghbir Singh, deceased and Manjit Kaur, W, is daughter of Raghbir Singh.3-4 years prior to the incident, Raghbir Singh had taken loan from his brothers for marriage of his daughter, Manjit Kaur. He could not return the money. One day prior to the occurrence, appellant Kashmira Singh and Darshan Singh came to the house of Raghbir Singh and asked him to return the loan amount. There was minor quarrel between the brothers and the appellant left the place, threatening the deceased brother to arrange money by next morning, failing which they would deal with him in a different manner. It is then alleged that on 5.4.1991, which was the next morning, appellant Ka





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