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2014 Supreme(P&H) 993

ASHUTOSH MOHUNTA, ANUPINDER SINGH GREWAL
Om Parkash – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellants:Ms. Aditi Girdhar, Advocate as Amicus Curiae.
For the Respondent: Ms. Shalini Attri, DAG, Haryana.

JUDGMENT

Mr. Anupinder Singh Grewal, J.: - Instant criminal appeal is directed against the judgment and order of sentence dated 17.07.2002, whereby the appellants have been convicted for the offence under Section 302 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- each. In default of payment of fine, they were to further undergo rigorous imprisonment for one year each.

2. In nutshell, the case of the prosecution as unfolded during trial is that a theft had taken place in the house of the accused. Both the accused are husband and wife. A portion of the house of the accused was in possession of one Munna as tenant. Ashok Kumar (since deceased) was his friend and the deceased used to visit him. Accused suspected that theft had been committed by the deceased. On 17.3.1999 the deceased was present at the house of accused when they set him on fire by pouring kerosene oil on his body. He was taken to General Hospital Jagadhri at 8.35 PM with 100% burns. On receipt of a medical ruqa (Ex.PB) in respect of Ashok Kumar son of Des Raj, R/o Dwarka Puri, Jagadhri, ASI Dalip Kumar (PW11) after making an entry in the daily diary r








































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