DHARMA @ DHARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) This is an appeal against the order of conviction of the appellants who are accused Nos.1 and 2. The appellants were convicted by the Trial Court for the offence punishable under Sec. 302 read with 34 of the Indian Penal Code (for short "IPC"). The allegation against them was of intentionally committing murder of one Sarabjit Singh who was the Sarpanch of the concerned village. The incident is of 23/6/1992. The order of conviction by the Trial Court has been affirmed by the impugned judgment of the High Court. We may note here that this Court by the order dtd. 9/7/2012 enlarged the appellants on bail by noting that they have already undergone incarceration for a period of about eight years.

(3.) As the Advocate-on-Record of the appellants was elevated as a Judge of a High court, notice for making alternative arrangement was issued to both the appellants. Notice was served to the second appellant, but could not be served to the first appellant for want of complete address. Therefore, the appeal as far as the first appellant is concerned has been dismissed for non-prosecution. This being an appeal against conviction, the case of the first appellant on merits has to be examined. Therefore, the order dismissing the appeal qua appellant No.1 is recalled. We requested the learned counsel appearing for the second appellant to assist us for dealing with the appeal of the first appellant. He has readily agreed.