STATE OF HARYANA Vs. KRISHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court holding that the respondent deserves to be acquitted and the judgment of conviction and sentence as recorded by learned Additional Sessions Judge, Bhiwani is not correct. It is to be noted that learned Sessions Judge had found the respondent guilty of offence punishable under Section 304 of the Indian Penal Code, 1860 (in short the Rs. IPC) and was sentenced him to rigorous imprisonment for 10 years and fine with default stipulation. However the two co-accused persons Jai Bhagwan and Anant Ram were acquitted.

(2.) Background facts as projected by the prosecution are as follows:

(3.) Learned Counsel for the appellant State submitted that the factors highlighted by the High Court to direct acquittal have no foundation.