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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Raju Gurang – Appellant
Versus
State (U.T. Chandigarh) – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the appropriate charge (Para 5 , 6 , 7) |
| 3. court's evaluation of intent and knowledge (Para 8 , 9 , 10 , 11 , 12) |
| 4. final verdict and sentence (Para 13 , 14) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This instant appeal has been preferred by the appellant-accused against the judgment of conviction dated 05.08.2003 and order of sentence dated 07.08.2003 passed by learned Additional Sessions Judge, Chandigarh in Sessions Case No.11 of 29.08.2001 arising out of FIR No.73 dated 13.04.2001 registered under Section 304 of IPC at Police Station- Sector-19, Chandigarh, whereby, the appellant was sentenced as under:-
| Under Section | Sentence |
| 304 Part II of IPC | R.I. for 5 years along with a fine of Rs.1,000/- and in case of default on fine, R.I. for 6 months |
FACTUAL MATRIX
2. Succinctly, the facts are that on 13.04.2001, the appellant and the complainant- Sitla Parshad went to the stall (phari) of deceased Vijay Kumar to purchase cigarettes (beedi) and a pouch of tobacco. The appellant bought a pouch of tobacco for which the deceased demanded Rs.1 as sale price but the appellant told him that he did not have any
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