KESAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, two appeals, namely, Criminal Appeal Nos. 61-SB of 1993 (Kesar Singh and another v. State of Haryana) and 185-SB of 1993 (State of Haryana v. Kesar Singh and another) shall be disposed of. Criminal Appeal No. 51-SB of 1993 has been filed by Kesar Singh and Pala Ram, impugning the judgment and order of Additional Sessions Judge, Ambala, whereby they were convicted under Section 304 Part-I, read with Section 34 of the Indian Penal Code. Kesar Singh was sentenced to 8 years rigorous imprisonment and a fine of Rs. 500/-, in default whereof, he was directed to undergo a further rigorous imprisonment for a period of 2 months. Pala Ram was sentenced to undergo 5 years rigorous imprisonment and a fine of Rs. 500/-, in default, he was directed to undergo 2 months rigorous imprisonment. The sentences were ordered to run concurrently. Criminal Appeal No. 185-SB of 1993 has been filed by the State of Haryana, impugning the aforementioned judgment and order of acquitting the appellants under Sections 302 read with Section 34 of the Indian Penal Code (for short the "IPC").

(2.) A factual narrative of the matter, in dispute, would be appropriate.

(3.) UPON completion of the investigation, the final report under Section 173 of the Code of Criminal Procedure (for short the 'Cr.P.C.') was filed before the Illaqa Magistrate. The accused were committed to the Court of Sessions. The accused were charged under Section 302 read with Section 34 of the IPC, to which they pleaded not guilty and claimed trial.