STATE OF HARYANA Vs. JAGAT PAUL

JUDGEMENT

(1.) Challenge in these appeals is to the order passed by a Division Bench of the Punjab and Haryana High Court directing acquittal of respondent No.1-Jagat Paul and converting conviction of rest of three respondents. By the common judgment relating to two appeals i.e. Criminal Appeal No. 193-DB of 1995 and Criminal Appeal No. 330-DB of 1995, Respondent-Jagat Paul -appellant in Criminal Appeal No. 193- DB of 1995 was acquitted while in the other appeal the three appellants were held guilty of offence punishable under Section 325 of the Indian Penal Code, 1860 (in short the IPC) read with Section 34 IPC by the High Court. Accordingly their conviction for offence punishable under Section 302 read with Section 34 IPC was altered.

(2.) The background facts in a nutshell are as follows:

(3.) In support of the appeals, learned Counsel for the appellant-State submitted that the High Court has indicated no reason for altering the conviction. In fact it found the evidence of Prabhu, PW 9 to be clear and cogent. On an erroneous reading of the doctors evidence, the High Court has come to the conclusion that the cause of death was "Cardiac Arrest". In fact what was specifically stated by the doctor was that the head injury with its complications alongwith other injuries was the cause of death.