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2009 Supreme(P&H) 260

K.S.GAREWAL, SHAM SUNDER
Bhup Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellants :Mr. J.S. Bedi, Advocate.
For the Respondent-State:Mr. H.S. Sran, Additional Advocate General, Haryana.

JUDGMENT

Sham Sunder, J

1. This appeal is directed against the judgment of conviction dated 01.12.1999, and the order of sentence dated 03.12.1999, rendered by the Court of Additional Sessions Judge, Jhajjar, vide which, it convicted the accused (now appellants), for the offence, punishable under Section 302 read with Section 34 of the Indian Penal Code, and sentenced them, to undergo imprisonment for life each, and to pay a fine of Rs 2,000/-each. In default of payment of fine, to undergo further imprisonment for a period of six months each.

2. Shorn of unnecessary details, the case of the prosecution proceeded, in the manner, that on 26.02.1996, at about 8.00 A.M., complainant Satpal, alongwith his father Tek Chand, was preparing ridge (dol) of their field, when Ved Pal, his brother arrived, in order to help them. Ved Pal, was present, near the ridge of the field of Mahender, accused. At that time, all the three accused namely Mahender, Bhup Singh and Omeshwar, sons of Rattan Singh, emerged. They were carrying a spear (ballam) each. They raised an exhortation, that they would teach them a lesson for preparing ridge. When Ved Pal, tried to stop the accused, Bhup Singh, accused, gav

























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