DAYANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the judgment rendered by a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short 'I.P.C.') in terms of the judgment dated 9/10.10.1997 passed by the Additional Sessions Judge, Hissar.

(3.) ACCUSED persons during their examination under Section 313 of the Code of Criminal Procedure, 1973 (in short 'Cr. P.C.') pleaded innocence and false implication. The trial court relied on the evidence of eye witnesses Shankar (P.W. 5) and Nain Sukh (P.W. 6). It found the prosecution evidence cogent and credible and recorded conviction of the appellant. But so far as accused Amar Singh is concerned, it was held that the evidence was not sufficient to fasten guilt on him.