ISHAQ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The first accused Ishag, who was charged with the offence under Section 307 read with Section 34 IPC alongwith the second accused Mustaq, was convicted for offence under Section 304-II IPC and was sentenced to undergo six years rigorous imprisonment with usual default sentence. He has come forward with the present appeal.

(2.) The case in brief of the prosecution is as follows:

(3.) The Trial Court having thoroughly analyzed the evidence of PW-10 and PW-11 in the background of the medical opinion expressed by PW-2 and PW-9, returned a verdict that the prosecution could establish its case against the first accused beyond reasonable doubt that he committed an offence punishable under Section 304-II IPC but not under Sections 302/34 IPC. As no evidence with regard to the role of the second accused in the commission of crime has come out, he was relieved of the charges.