PUNJAB SINGH KARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Special leave granted in both the matters.

(2.) We first take up the case of Punjab Singh. Miss Lily Thomas, learned counsel for the appellant contended that Punjab Singh had not participated in the assault on the deceased. P. W. 5, P. W. 6 and P. W. 8 clearly state in their evidence that Punjab Singh gave a gandasa blow to the deceased. This evidence has been accepted by both the Courts. The only contention raised was that medical evidence is inconsistent with the direct testimony. This contention must fail for two reasons :

(3.) We next take up the cast of Karnail Singh. Mr. K. G. Bhagat, learned Additional Solicitor General conceded that the conviction of the appellant under Sec. 302 read with Section 34, I. P. C. cannot be sustained but on the evidence placed on record, he can be convicted only for an offence under Section 326. We read the evidence and are satisfied that the concession is in tune with the evidence and discloses a fair approach of learned counsel appearing for the prosecution. Accordingly, the conviction of the appellant Karnail Singh for the offence under Section 302 read with Section 34, I. P. C. and sentence of life imprisonment imposed upon him are quashed and set aside. Karnail Singh is however, convicted for an offence under Section 326, I. P. C. and is sentenced to suffer rigorous imprisonment for three years.