Banwari Lal Etc. vs State Of UT, Chandigarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(P&H) 484

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Banwari Lal Etc. – Appellant
Versus
State Of UT, Chandigarh – Respondent

Advocates Appeared:
For the Appellant :Mr. Subhash Ahuja, Advocate with Mr. Karan Veer Ahuja, Advocate
For the Respondent:Mr. Adhiraj Toor, Advocate for Mr. J.S. Toor, APP, U.T.

JUDGMENT :

YASHVIR SINGH RATHOR , J.

1. This appeal is directed against the judgment dated 01.11.2004 passed by the Court of Additional Sessions Judge, Chandigarh in FIR No.77 dated 25.02.2000 under Sections 307/34 of IPC registered at Police Station Sector 39, Chandigarh vide which appellants Banwari Lal, Tinku @ Johan Lal and Bittoo @ Sohan Lal have been held guilty and convicted for the offence under Sections 323, 323/34 and 307/34 of IPC and sentenced to undergo imprisonment as under:-

All the sentences have been ordered to run concurrently.

2. The present case was registered on the basis of statement Ex.PA given to the police by Rajinder Kumar son of Bali Ram, resident of House No.723/1, Sector 38-A, Chandigarh with the allegations that he alongwith his mother and brother is living at the aforesaid address. House of accused Banwari Lal exists in front of his house, who is rearing hens at his house. Common stairs exist for both the houses. On 23.02.2000 at about 08:00 AM, his brother Sunil Kumar was going to drop his son to the school when he found hen droppings in the staircase on which he asked the sons of Banwari Lal as to why they do not clean the hen droppings. Thereafter, wh