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2005 Supreme(P&H) 1039

K.G.BALAKRISHNAN, ARUN KUMAR
Gurmeet Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant :Harbans Lal Bajaj, Advocate (A.C.).
For the Respondent:Ravi P. Mehrotra, Garvesh Kabra and Mrs. Alka Agarwala, Advocates.

JUDGMENT

Arun Kumar, J. - The appellant has preferred this appeal against the judgment of the Allahabad High Court upholding his conviction and sentence. The sessions court while convicting the appellant under Section 302 Indian Penal Code, had awarded death sentence. The case against the appellant is that he alongwith his companion Lakha Singh (who died during the course of trial proceedings) committed the murder of thirteen members of his family in the night of 17th August, 1986. The petitioner was living jointly with several other members of his family in a big house called in local language as jhalla. Thirteen persons of the family who were killed on that fateful night were father of the appellant, his two real elder brothers, wives of both the brothers, four daughters and two sons of one of the brothers who was murdered and two sons of another slain brother. The only members of the family who survived the murderous attack are one brother of the appellant namely Balwinder, his wife, who was away to her parents house and was, therefore, not present in the house on the date of occurrence and some children. As far as appellants brother Man Singh is concerned, his almost entire fami




















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