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2008 Supreme(P&H) 116

ASHUTOSH MOHUNTA, MOHINDER PAL
State of Punjab – Appellant
Versus
Virsa Singh – Respondent


Advocates:
For the Appellant:Mr. V.K. Jindal, Additional Advocate General, Punjab.
For the Respondents:Mr. H.S. Gill, Sr. Advocate, with Mr. Vivek Goel, Advocate.

JUDGMENT

Mohinder Pal, J.:- Respondents Virsa Singh son of Jinda Singh, Dilbag Singh son of Pritam Singh and Kuldip ,Singh son of Pritam Singh were tried by the learned Sessions Judge Faridkot, in case First Information Report No.45 dated March 28, 1994, registered under Section 302 read with Section 34 of the Indian Penal Code, (hereinafter referred to as ‘the Code’) at Police Station City, Muktsar. Vide judgment dated May 11, 1996, passed by the Sessions Judge, Faridkot, the respondents were acquitted of the charge framed against them after giving them the benefit of doubt. This appeal has been preferred by the State of Punjab challenging the acquittal of the respondents.

2. The present case was registered on the basis of statement (Exhibit P.E) made by Joginder Singh (P.W.2) on March 28, 1994, wherein he stated that his niece (sister’s daughter) Chhinder Kaur (since deceased) was married to Dilbag Singh (respondent No.2) eight/nine months ago. After some time of marriage relation between Dilbag Singh and Chhinder Kaur became strained. Dilbag Singh did not want to keep Chhinder Kaur with him and had been turning her out of the matrimonial home time and again. On March 27, 1994, Di

























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