RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the appellant, upholding the conviction recorded and sentenced imposed on the appellant by learned Additional Sessions Judge, Hissar, for alleged commission of offences punishable u/s. 302 of the Indian Penal Code, 1860 (in short 'IPC') and Sec. 27 of the Arms Act 1959, (in short the 'Arms Act'). The appellant was convicted for the offence punishable u/s. 302 IPC and sentenced to undergo RI for life and to pay a fine of Rs. 10,000.00 with default stipulation. He was also convicted in terms of Sec. 27 of the Arms Act and was sentenced to undergo RI for one year and to pay a fine of Rs. 500.00 with default stipulation.

(3.) Background facts in nutshell are as follows : Vishnu Ram (PW-8) followed agricultural pursuits at village Tharwa. His elder brother Prithi Raj lived separately from him. Subhash (hereinafter referred to as the 'deceased') was the son of said Prithi Raj. About 11/2 years prior to this occurrence, the police had recovered poppy husk from appellant - Rajinder. He suspected that deceased had given secret information to the police and he had a hand in getting the poppy husk, recovered from him. Then in the year 1995, Prithi Raj had taken 10 acres of land on lease from Indal Kumar, brother of appellant-Rajinder. Rajinder took ill of it.