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2006 Supreme(P&H) 3217

MEHTAB S.GILL, BALDEV SINGH
Shyam Sunder – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the appellants in Cr.A. 42-DB of 1995 :Mr. K.T.S. Tulsi, Senior Advocate with Mr. Vinod Ghai, Advocate.
For the appellant in Cr.A. 42-DB of 2005 and in Cr.A. 95- DBA of 2006 : Mr. Kulvir Narwal, A.A.G. Haryana
For the petitioner in Cr. Revision 578 of 2005:Mr. Bhupinder Singh Bairagi, Advocate.
For the respondents in Cr. Revision 578 of 2005:Mr. Vinod Ghai, Advocate.

JUDGMENT

MEHTAB S. GILL, J.

1. We will be deciding Criminal Appeal No. 42-DB of 2005, Criminal Appeal No. 95-DBA of 2006 and Criminal Revision No. 578 of 2005 by a common order as they arise out of the same judgment of the Additional Sessions Judge, Jind. Appeal by Shyam Sunder, appeal by the State against the acquittal of the remaining accused and Revision by the complainant have been filed against the judgment order dated 20.11.2004/22.11.2004 of the Additional Sessions Judge, Jind whereby he convicted Shyam Sunder son of Jalpat Mahajan and acquitted Jalpat Rai son of Rameshwar Dass Mahajan Satish Kumar son of Jalpat Mahajan, Purshottam son of Jalpat Mahajan, Harinder alias Kala son of Joginder Saini and Pawan son of Suraj Bhan. Shyam Sunder was convicted under Section 302 I.P.C. . and Section 27 of the Arms Act and sentenced to undergo life imprisonment and to pay a fire of Rs.25000/-, under Section 27 of the Arms Act he was sentenced to undergo RI for one year and to pay a fine of Rs.1000/-. In default of payment of fine or a part thereof, appellant Shyam Sunder was ordered to further undergo RI for six months.

2. The case of the prosecution is unfolded by the statement of Sewa



























































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