Criminal Appeal No.163 DB of 1999

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Appeal No.163 DB of 1999

Date of decision: 4.4.2008

Gurmukh Singh

......Appellant

v.

The State of Haryana

......Respondent

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL

HON'BLE MR JUSTICE S. D. ANAND

Present:

Mr. HS Giani, Advocate as Amicus Curiae.

Mr. SS Pattar, Sr. DAG, Haryana for the State.

Judgment:

The appellant Gurmukh Singh challenges his conviction

and sentence for the murder of Hazoor Singh.

Case of the prosecution is that on 8.1.1997 in the

morning, Hazoor Singh, deceased had borrowed the tractor of Lal

Singh and tiller of Gurbachan Singh. After completing the field

work at 3.30 PM, Gurmej Singh PW5 son of Hazoor Singh,

deceased was going alongwith Lal Singh to return the tractor at

the Dera of Gurbachan Singh. On the way, accused Gurmukh

Criminal Appeal No.163 DB of 1999

2

Singh, son of Dayal Singh, accompanied by co-accused Niranjan

Singh, Harbhajan Singh and Manjit Singh (who have been

acquitted by the trial court) armed with lathis, whose Dera was

nearby came and stopped the tractor. The appellant raised a

lalkar