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1991 Supreme(P&H) 1038

S.D.BAJAJ, S.S.RATHOR
State of Punjab – Appellant
Versus
Bhupinder Kumar – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Kang, DAG, Punjab.
For the Respondent: Nemo inspite of due service.

JUDGMENT

S.D. Bajaj, J. - Nachattar Singh author of First Information Report No. 131 recorded in Police Station, Nihal Singh Wala of Faridkot district at 10.00 PM on 23rd July, 1983 reported to the police, "Today at about 7.30 PM my brother Waryam Singh alias Chhota, Chand Singh, Gurjant Singh sons of Sarwan Singh, Jat by caste, residents of village Himmatpura and Jallaur Singh son of Inder Singh, Jat by caste, residents of village Nathana and I were going towards Gurdwara from our house. Our truck was already parked along the road. We had to bring diesel from Nihal Singh Wala for business purposes. When we all reached near the electric pole which is near the road, a gun shot was fired from inside the Daramshala of Jaila from the side of Gurdwara Sahib. When we looked towards Dharamshala, Bhupinder Kumar alias Ghota son of Inder Nath, Baragi Sadh, resident of Himmatpura, was armed with pucca rifle and his son Harbans Lal was also armed with pucca rifle. His brothers Sukhdev Chand and Chetran Parkash were armed with 12 bore guns, Nasib Chand was armed with a revler and Jugraj Chand was armed with a Gandasa. Bhupinder Kumar fired a shot with his rifle which hit the back side of the ri











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