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2024 Supreme(P&H) 47

HARPREET SINGH BRAR
Harbhagwan Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nikhil Ghai, Mr. Ankit Kundu, Advocate
For the Respondent: Mr. Vishal Tartyal for Mr. PPS Brar, Mr. Sandeep Kumar

JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present appeal has been preferred against the judgment of conviction and the order of sentence dated 18.03.2015 passed against the appellants by learned Additional Sessions Judge, Moga in Sessions case No.39 dated 05.11.2012 arising from FIR No.31 dated 24.05.2007 under Sections 307, 148 read with Section 149 of IPC and Section 27 of the Arms Act. The appellants were sentenced as under:-

Appellant

Under Section

Sentence

Harbhagwan Singh @ Bhagwan Singh

307 IPC

RI 10 years with a fine of Rs.10,000/- in default of which RI for 6 months.

Baljinder Singh

307 IPC read with Section 34 IPC

RI 10 years with a fine of Rs.10,000/- in default of which RI for 6 months.

Baldev Singh

307 IPC read with Section 34 IPC

RI 10 years with a fine of Rs.10,000/- in default of which RI for 6 months.

FACTUAL MATRIX

2. Facts, in brief, are that on 24.05.2007, complainant Gurcharan Singh made a statement before the police that land of appellant no.1 adjoins his land. A dispute qua the common passage way between their lands was going on for about 10-12 years. On 23.05.2007, after the official demarcation proceedings were alread

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