VIRBHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant/accused faced the charge under Section 307 IPC and was accordingly convicted and sentenced by the learned Addl. Session Judge, Jind to undergo rigorous imprisonment for a period of five years, to pay a fine of Rs. 5,000/- and in default to undergo further rigorous imprisonment for a period of one year, aggrieved by which the accused has come forward with this appeal through jail.

(2.) I have heard the learned counsel appointed as amicus curiae for the appellant and also the counsel for the State and appreciate the services of the counsel appointed as amicus curiae for the able assistance rendered by him.

(3.) P .W.1 injured gave evidence as regards the occurrence although his brother P.W.2 did not support the prosecution case in its entirety. But it has been rightly pointed out by the learned Additional Sessions Judge that P.W.1 had absolutely no motive to implicate the accused falsely as no injured person will leave the real culprit and implicate a person who is a stranger and not connected with the crime. P.W.1 being the injured witness, there is no reason for rejecting his evidence. Therefore, the finding of the learned trial court that it was the accused who committed the crime has to be upheld.