JOGINDER SINGH Vs. STATE OF HARYANA
SUPREME COURT OF INDIA
STATE OF HARYANA
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(1.)Four accused persons, namely, joginder Singh - A-1, Ranjit Singh - A-2, mohan Singh - A-3 and Baldev Singh - a-4 were charged for the offences under section 302 read with section 34 and section 120-B of the Indian Penal Code. Accused ranjit Singh was found guilty under section 302 of the Indian Penal Code for committing the murder of Daljit Singh and Bhajan Singh on 15.10. 1989 and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- together with a default clause by the learned sessions judge, Narnaul. Incidentally, the co-accused of Ranjit Singh, viz. , baldev Singh, Joginder Singh and Mohan singh were acquitted of the charges levelled against them by giving benefit of doubt by the learned sessions judge.
(2.)Against his conviction, Ranjit Singh moved the High Court and the state also moved the High Court against the order of acquittal. The High Court, in its turn, however, maintained the conviction of ranjit Singh but reversed the order of acquittal as against accused Joginder Singh and Mohan Singh being A-1 and A-3, respectively. However, acquittal of Baldev singh - A-4 by the learned sessions judge was affirmed by the High Court.
(3.)The High Court, it appears, went into the matter in very great detail and it is on this score that Mr. Sushil Kumar, learned senior counsel appearing in support of the appeal, contended that the parameters for reversal of an acquittal order passed by the High Court, as laid down by this court in a catena of cases, do not seem to have been complied with and by reason therefore, the High Court's order of reversal cannot be sustained.
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