KULVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 31.8.2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 167-DB of 1999, by which it has affirmed the judgment and order of the Trial Court in Sessions Case No. 5 of 1998 dated 22.2.1999 convicting the appellants for the offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and awarding the sentence of life imprisonment and imposing a fine of Rs.2,000/- each.

(2.) FACTS:

(3.) Shri S.P. Laler, learned counsel appearing for the appellants, submitted that it is a case of circumstantial evidence; that there was no motive for committing the murder of Amardeep; that there had been material contradictions in the evidence of the witnesses; the chain of circumstances could not be completed; in the facts of the case the extra-judicial confession could not be relied upon by any means; the theory of the deceased being last seen with the appellants cannot be applied. Involvement of both the appellants in the commission of the offence is doubtful as the injuries found on the person of the deceased had been caused only by one weapon. The courts below have erred in convicting the appellants and, therefore, the judgments and orders of the courts below are liable to be set aside.