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Criminal Appeal No. 632 of 1995. Case: Jarnail Singh Vs State of Punjab. Uttarakhand High Court Supreme Court Case

Judgment Cited in Precedent Map Related
Vincent
Case NumberCriminal Appeal No. 632 of 1995
JudgesM. K. Mukherjee, J. and K. T. Thomas, J.
IssuePenal Code (45 of 1860) - Section 300
CitationAIR 1999 SCW 4848
Judgement DateAugust 27, 1997
CourtUttarakhand High Court Supreme Court Case

Judgment:

  1. For causing the death of Balkar Singh, Jarnail Singh, the appellant before us. Modan Singh and Teja Singh were tried for and convicted of the offence under Section 302/34 of the Indian Penal Code by the Session Judge, Bhatinda. In appeal, the High Court acquitted Teja Singh but upheld the convictions of the appellant and Mohan Singh. Aggrieved thereby, only the appellate has filed this appeal.

  2. From the impugned judgment we notice that the High Court has recorded a categorical finding that the plot of land on which the incident took place was in exclusive possession of the accused persons and that on the fateful day the deceased along with his brother Avtar Singh (P. W. 1), father Ajaib Singh (now dead) and one Kulwinder Singh had gone to that plot and started ploughing it with a tractor. The High Court held that it is at that time that the accused persons appeared there and assaulted Balkar Singh with the weapons, they were carrying. In the context of the above findings with which we are in complete agreement there cannot be any manner of doubt that the accused persons assaulted the deceased in exercise of their...

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