MAJOR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Manjinder Kaur & Bholi, was found murdered on 15.12.1999. A trial for attempting to commit rape and thereafter murder of Manjinder Kaur was held against the appellant Major Singh by the Court of learned Addl. Sessions Judge, Fatehabad, which has culminated in his acquittal for the offence under Sec. 376 IPC read with Sec. 511 I.P.C. However, he has been held guilty for committing an offence under Sec. 302 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/ - and in default thereof to further undergo rigorous imprisonment for a period of six months. This has necessitated filing of present criminal appeal by the appellant to challenge the conviction and sentence recorded against him.

(2.) Background facts, as culled out from the judgment of the trial court are essentially as follows:

(3.) After examining the record, the trial Court was of the view that a prima facie case under Ss. 376 IPC read with Sec. 511 I.P.C. and 302 I.P.C. was made out against the accused and accordingly framed the charges against him. Since the accused pleaded not guilty to the charges, the prosecution was called upon to lead evidence.