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2015 Supreme(SC) 1009

V.GOPALA GOWDA, R.BANUMATHI
VIJAY SHANKAR – Appellant
Versus
STATE OF HARYANA – Respondent


JUDGMENT

R. BANUMATHI, J.


In this appeal the appellant questions the correctness of his conviction under Section 302 IPC and Section 449 IPC and the sentence of life imprisonment awarded to him as confirmed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.87-DB/1999 dated 05.04.2006.


2. Case of prosecution is that deceased-Satish Kumar, brother of Sukhbir Singh (PW-10), was working as a Sub- Inspector in Delhi Police. Sukhbir Singh and deceased-Satish Kumar owned agricultural lands and also a poultry farm in village Dujana. To celebrate the festival of Holi, on 16.03.1995, deceased-Satish Kumar along with his family went to the village. His wife and children had gone to village Dujana and Satish Kumar stayed in poultry farm. Both the brothers celebrated the Holi by playing fireworks and they continued talking up to 2.00 a.m., Sukhbir Singh returned back to his house in the village leaving Satish Kumar in the poultry farm. The following morning i.e. on 17.03.1995, Kishore (PW-19) saw Satish Kumar lying injured on the floor and he informed the same to PW-10. Sukhbir Singh (PW-10) immediately rushed to the farm and took his brother in a maruti car to the Medica


















































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