KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 6.2.2009 in Criminal Appeal No.226-DB of 2007, passed by the High Court of Punjab & Haryana at Chandigarh, by way of which the High Court has affirmed the judgment and order dated 8.2.2007, passed by the Additional Sessions Judge, Bhiwani in Sessions Trial No.110 of 8.9.2005, by way of which and whereunder the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as the 'IPC'), and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-. In default of payment of such fine, he would further suffer RI for a period of 3 years.

(2.) Facts and circumstances giving rise to this appeal as per the prosecution are that:-

(3.) Shri Neeraj Kumar Jain, learned senior counsel appearing for the appellant has submitted, that the investigation in the instant case, was tainted. The statement under Section 161 Cr.P.C. had been recorded after several months of the incident. Raj, deceased was a woman who had gotten separated from her husband for the reason that she had been a woman of easy virtue, and had also been living separately from her mother and sister. The specific case of Maya Devi (PW.3), mother of deceased was, that she had gone alongwith her daughter to irrigate the fields, though in her cross-examination she has admitted that the agricultural land had been given to one Khazan, upon sharing of the agricultural produce (Batai). Birma (PW.4), the sister of the deceased has deposed that they did not cultivate the land themselves.