BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal was received through jail. At the time of hearing, Shri Kuldip Tiwari, Advocate was requested to assist this court as an amicus curiae.

(2.) APPELLANT has filed this appeal against judgment and order dated 14.2.1994, vide which he was convicted for commission of an offence under Section 304 Part-II IPC and sentenced to undergo RI for 7 years. Since the petitioner was already undergoing sentence, it was ordered that sentence passed in this case shall run separately from the one which he was already undergoing.

(3.) ON receipt of intimation regarding death of Om Parkash, FIR dated 5.10.1992 was recorded for commission of an offence under Section 303 IPC. Necessary post mortem of the dead body was conducted and on completion of investigation, final report was put up before the competent court for trial. Appellant/accused was charge-sheeted for commission of an offence punishable under Section 303 IPC to which he pleaded not guilty and claimed trial. During trial, prosecution witnesses namely PW Rajinder Singh and PW Gajraj both jail wardens, who were posted in District Jail Rohtak at the relevant time, resiled from their statements and failed to support the prosecution version. However, PW5 Sarwan Kumar, an undertrial, had supported version of the prosecution.