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2005 Supreme(SC) 1457

B.N.AGARWAL, A.K.MATHUR
GURPREET SINGH – Appellant
Versus
State Of Punjab – Respondent


Judgment

B.N. AGRAWAL, J.- The appellants of these two appeals along with the f accused Bhajan Singh @ Harbhajan Singh and Meharban Singh were accused in a case under Section 302 of the Penal Code (for short "IPC") but as the accused Meharban Singh died during trial, the remaining three accused persons were tried and by its judgment the trial court acquitted the accused Bhajan Singh @ Harbhajan Singh whereas these two appellants were convicted under Section 302 IPC and sentenced to undergo imprisonment for 9 life and to pay a fine of Rs 2000 each, in default to undergo further imprisonment for a period of six months. Against the order of acquittal of the accused Harbhajan Singh, no appeal was filed by the State whereas on appeal being filed by the appellants, the High Court confirmed their conviction and sentence. The revision application filed by the private prosecutor for enhancement of sentence has been rejected by the High Court.

2. Prosecution case, in short, was that Kuljit Singh @ Billa was a student of BA Part I in Arya College, Ludhiana and he was a witness in a case filed for prosecution of the appellant Gurpreet Singh under Section 307 IPC which was pending. On 22-1-1990








































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