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2011 Supreme(P&H) 278

HEMANT GUPTA, ARVIND KUMAR
Kushal Pal – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellants Kushal Pal, Jagmal, Savitri and Bachkan:Mr. KDS Hooda, Advocate.
For the Appellant Satish:Mr. Sunil K. Panwar, Advocate.
For the Respondent: Ms. Shubhra Singh, DAG Haryana.

JUDGMENT

Mr. Arvind Kumar, J.:- The investigations in case FIR No.104 dated 5.2.1998, registered by informant Siri Pal (PW5) at Police Station Assandh, had culminated into the trial against Kushal Pal, Anil, Jagmal, Malkhan, Bachkan, Bobla, Satish, Satpal @ Satta, Bhima, Kuldeep and Smt. Savitri for committing the murder of Raj Kumar and also for causing injuries Baljit, Ombir and Siri Pal in the evening of 4.2.1998 at about 8:30 p.m.

2. It is apt to mention here that appellant Savitri though found innocent by the investigating agency, was summoned by means of Section 319 Cr.P.C. by the Court as an additional accused while Anil evaded his presence and ultimately declared proclaimed offender by the Court below.

3. According to the prosecution, the genesis of the occurrence was the incident happened about 5/6 days prior thereto when informant Siri Pal and others were in the process of construction of the shop, which was demolished by Jagmal and his sons Kushal Pal and Anil. On 4.2.1998 i.e. fateful day a Panchayat was convened in the morning and it was resolved that the land over which the construction was being carried out by Siri Pal belongs to them and they can carry out the constr

























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