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2023 Supreme(P&H) 1635

GURVINDER SINGH GILL, GURBIR SINGH
Shokeen – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Mansur Ali, Mr. Chajju Khan, Mr. Imran Ali, Mr. S.S. Pannu AAG, Haryana

Judgment

Mr. Gurvinder Singh Gill, J.

The appellant Shokeen assails judgment dated 11.7.2018 as well as order dated 12.7.2018 passed thereto by learned Additional Sessions Judge, Mewat vide which the appellant has been held guilty of having committed an offence punishable under Section 302 IPC and under Section 25 of the Arms Act and has been sentenced as under :-

Offence Imprisonment Fine In default of fine
302 IPC Imprisonment for life Rs.80,000/- R.I. of one year
25 Arms Act R.I. for two years Rs.20,000/-  

2. The matter arises out of FIR No. 99 dated 30.4.2016 lodged for offences under Section 302, 109/34 IPC and under Section 25 of the Arms Act at Police Station Ferozepur Jhirka at the instance of complainant Israil (father of deceased) wherein he alleged that on 30.4.2016 ‘Gauna Ceremony’ of Lala @ Yahya son of Deenu was being celebrated in their neighbourhood. On the night of 29.4.2016, on account of the happy occasion, music was being played by DJ. The complainant alongwith his daughter Swaliya, aged 13 years, went to the house of Deenu to participate in the function. His nephew Aas Mohd. son of Ismail and several other persons of the village were watching th

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