RAJINDER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) In a First Information Report dated 8.8.2000, two persons were accused of killing one Dharambir. Admittedly, there is no eye-witness and the basic reliance of both the courts below is on an extra-judicial confession made by PW-8, who was the Sarpanch. Equally, the co-accused, who delivered what was perhaps the fatal blow on the head of the deceased, was acquitted. The allegation against the present appellant is that he inserted a screw driver into the neck of the deceased. Quite apart from the fact that this is a case of circumstantial evidence, this is a case where consumption of alcohol took place after which there was an altercation resulting in the death of one Dharambir. This being the case, we convict the accused under Section 304 Part II IPC and not under Section 302 IPC. Considering the fact that accused has already undergone imprisonment of approximately six years eight months, we reduce the sentence to the period already undergone. The appellant is in custody. If not required in any other offence, he be released forthwith.

(3.) The appeal is allowed in the aforesaid terms. Pending applications are disposed of. Appeal allowed.