PURAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 10.7.2009 passed by the High Court of Punjab & Haryana at Chandigarh in Crl.Appeal No. 564-DB of 2000, by way of which, it has affirmed the judgment and order dated 16/30.5.2000 passed by the Additional Sessions Judge (I), Faridabad in Case No. 3 of 1999, convicting the appellant under Sec. 148 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') and awarding him the sentence of one year; and further under Sec. 302 Penal Code imposing the sentence of imprisonment for life along with a fine of 500.00. Both the sentences were directed to run concurrently.

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) Shri Praveen Gupta, learned counsel appearing on behalf of the appellant, has submitted that the prosecution case is totally improbable as its case has been that some of the accused caught hold of Tarun Kumar (deceased) and the appellant gave a knife blow on the chest, as a result of which, Tarun Kumar died. The other accused had been acquitted. It was not desirable for the courts below to convict the appellant alone under Sec. 302 IPC. The evidence including the depositions of Lekh Raj (PW.1) and Gagan (PW.2), have not been believed for conviction under Sec. 302 Penal Code of other accused. There are material discrepancies in the case of the prosecution which go to the root of the case. Thus, the appeal deserves to be allowed.