SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Criminal Appeal has been preferred against a judgment and order passed by learned Additional Sessions Judge, Rohtak, in the Sessions Trial No. 6 of 1992, wherein, though the accused was only tried upon a charge under Section 302, IPC, but has been convicted under Section 304-B, IPC and sentenced to a period of 7 years RI without giving him opportunity to place his defence thereunder obviously under impression that the offence under Section 304-B, IPC is minor to the one under Section 302, IPC.

(2.) The relevant facts of the prosecution case as stated in the impugned judgment on being extracted and reproduced read as under :-

(3.) Heard the rival submissions and perused the records.