KANWAR PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is an appeal under S. 379, Cr.P.C. read with S 2 of the Supreme Court (Enlargement of Criminal Appellate jurisdiction) Act. The appellant was tried under S. 302. IPC and Ss. 25 and 27 of the Arms Act. The prosecution case is that on 7-3-79 at about 4 PM in the village, the appellant killed his wife by gun shot fired from a double-barrelled gun. She died on the spot. The prosecution relied on the evidence of the two eye-witnesses and also on the evidence of the ASI, who at the relevant time was in the said village and apprehended the appellant immediately after the occurrence and recovered the double barrelled gun. The trial Court acquitted the accused holding that the evidence of the two eye-witnesses is somewhat discrepant. In an appeal by the State, the High Court interfered and accepted the evidence of the two eye-witnesses and other circumstances and accordingly, convicted the appellant under S. 302. IPC and sentenced him to undergo imprisonment for life. He was also convicted under Ss. 25 and 27 of the Arms Act and sentenced to undergo R.I. for 6 months. The sentences were directed to run concurrently'.

(3.) In this appeal, the learned counsel for the appellant submits that the view taken by the trial Court is not altogether unreasonable and when two views are possible in a given case, the appellate Court ought not to have interfered in an appeal of this nature.