LAWS(P&H)-2008-12-45

STATE OF HARYANA Vs. RAM KISHAN

Decided On December 16, 2008
STATE OF HARYANA Appellant
V/S
RAM KISHAN Respondents

JUDGEMENT

(1.) THE State of Haryana has filed the present application seeking leave to appeal against the acquittal of the seven respondents by the learned Additional Sessions Judge, Hisar on May 21, 2008.

(2.) THE respondents alongwith Karambir @ Polia were tried under Sections 302/148/149 IPC for committing murder of Partap, brother of Om Parkash-complainant. It was on August 20, 2003 that three brothers Om Parkash, Partap and Raj Kumar alongwith their niece Lilawati were walking to the shop Om Parkash. Partap was about 10 paces ahead of of them. At 5 p.m. when Partap was at a few paces from the house of Parkash son of Chanan Mal, Karambir alias Polia alongwith the seven respondents came to him. They were all armed with various weapons. Karambir accused Partap of demanding gift/cash (neonda) at the time of marriage from them.

(3.) WE have gone through the judgment of the trial court and find that acquittal was on just and valid ground. Only Karambir had been found guilty and convicted of the murder. The seven respondents who had not participated in the crime were acquitted. The finding of the learned trial court is neither perverse nor unreasonable. We find no reason to interfere with the finding of the learned trial court. Consequently, leave to appeal is declined.