JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal is filed by the appellant being aggrieved by the judgment and order of the learned Single Judge of the Punjab and Haryana High Court affirming the judgment and order of the learned Additional Sessions Judge, Patiala finding the appellant-accused guilty of the offence alleged against him. The learned Additional Sessions Judge, found the appellant-accused guilty and convicted him under Section 304 Part II of the Indian Penal Code, 1860 (for short IPC) and sentenced him to undergo rigorous imprisonment for eight years. However, in the appeal filed by the appellant as against the order of conviction and sentence the learned Single Judge while maintaining the finding of guilt of the appellant converted the conviction of the appellant from Section 304 Part II IPC to offence under Section 304, Part I, IPC and sentenced him to undergo rigorous imprisonment for five years.

(3.) In order to appreciate the contention raised by the appellant-accused that the courts below have failed to properly analyse and scrutinise the evidence of the solitary witness and that the presence of the said solitary witness at the place of occurrence was not natural and also that his testimony was not free from embellishment, we are required to mention brief facts as alleged by the prosecution.