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1992 Supreme(P&H) 296

S.D.BAJAJ, B.S.NEHRA
State of Punjab – Appellant
Versus
Harnek Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Randhir Singh, AAG, Punjab.
For the Respondent:Mr. H.S. Gill, Sr. Advocate with Mr. G.S. Gill, Advocate.

JUDGMENT

S.D. Bajaj, J. - After obtaining the M.L.R. and ruqa addressed to the police Dasti from Dr. M.L. Narang, Medical Officer, Primary Health Centre, Guru Har Sahai, Ajaib Singh, reported to ASI Kirpal Singh of Police Station, Mamdot within the precincts of Civil Hospital, Ferozepur "I am a resident of village Kohar Singh Wala and do cultivation. Today my brother Naib Singh and I were irrigating the paddy crop field known as Jhangri Wala where an engine has been installed. At about 8.30 A.M I was mending the water course and my brother Naib Singh turning the flow of water or a distance of about of 20/25 Karams from me. The field of Joginder Singh son of Kehar Singh, Jat resident of the village adjoins our fields. Joginder Singh and his son Harnek Singh @ Nek Singh were working in their field. Suddenly Joginder raised a lalkara saying, "Naib Singh, get ready," Hearing the lalkara my attention was diverted towards them. Within my sight Joginder who was holding a Kulkari in his hand started giving blows to my brother Naib Singh with his Kulhari, which hit him on his head towards the left i.e., one from sharp side and two blows from blunt side. My brother fell down and Harnek Singh



















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