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1999 Supreme(P&H) 1179

HARJIT SINGH BEDI, A.S.GARG
Raj Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. R.S. Ghai, Senior Advocate with Mr. Bipan Ghai, Advocate.
For the Respondent: Mr. S.S. Randhawa, DAG, Punjab.

JUDGMENT

H.S. Bedi, J. - This appeal arises out of the following facts :-

Raj Kumar appellant and his brother Krishan Chand deceased and Ved Parkash-PW 5, were residents of village Barsat, Police Station, Sadar Patiala. On 25th October, 1992, Upkar Chand, his brother Jaswinder Kumar and uncle Krishan Chand foresaid, had come from Patran in a jeep No. CHK-1172 to pay obeisance to their ancestors in village Barsat, on the occasion of Diwali. They also took Ved Parkash-PW5 from his house in village Barsat on the occasion. After doing so, they came on the link road leading from Patiala to the Sangrur High-way, when a Maruti Car No. PB-05-8282, came close by and the appellant Raj Kumar armed with a .12 bore DBBL gun and carrying bandolier of cartridges emerged from it. He, therefore, loaded his gun and challenged his brothers Krishan Chand and Ved Parkash and called out that he would teach them a lesson for giving him an inadequate share in the joint property of the family. Ved Parkash and Krishan Chand entreated with the appellant, but despite their request, he first fired a shot at Krishan Chand which hit him in the chest and a second shot on Ved Parkash, which hit him on the left leg



















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