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1999 Supreme(Online)(J&K) 22

JAMMU AND KASHMIR HIGH COURT
A.B. Choudhury, J
Prem Chand – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Singh, Mr. Sharma
For the Respondents:Government Advocate

1. The appellants - Prem Chand and Manohar Lal stand convicted under S.302 read with S.34, R.P.C. for having committed the murder of Balwant Singh and sentenced to undergo imprisonment for life and a fine of Rs. 1,000/- each.

2. The prosecution story as unfolded in evidence is that on the evening of March 27, 1988, the deceased had gone to the house of one Prahalad Bhagat situated at Top - Serkhania to collect his camera from the accused - Prem Chand where the latter was working as Chowkidar, later he was last seen alone in the company of the appellants around 9 p.m. on 27-3-1988. His dead body was found from the bushes near the same locality on 2-4-1988. The doctor, who conducted the post - mortem of the body opined that no definite opinion regarding the cause of death could be given because the body was highly decomposed. In response to the query made by the Investigating Police Officer, the doctor clarified on 23-4-1988 that the fracture of thyroid could be possible by a ligature strangulation resulting in death. This clarification, it appears provided a breakthrough giving new direction to the investigation of the case. The Investigating Police Officer re - examined the witnesse























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