PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by way of special leave arises out of the following facts:

(2.) The prosecution in support of its case placed primary reliance on the testimony of PW-11 Sohan Lal and PW-12 Bharat Lal who claimed to be the eye witnesses to the murder, PW-13 Pushpa Devi who deposed to the property dispute between her husband and Daulat Ram accused and PW-16-Sohan Lal the first informant, who had received the information of the murder from Vijay Kumar. Vijay Kumar was, however, not examined. The Trial Court observed that on the basis of the evidence of the prosecution witnesses, as led, no evidence whatsoever had been spelt out against Satish and Surinder and they were accordingly acquitted even prior to the recording of the statements of the accused under Section 313 of the Cr.P.C. The Trial Court then, very comprehensively, examined the evidence against the other accused and recorded several reasons which have been spelt out by the High Court in its judgment and we quote therefrom herein below:

(3.) The trial court accordingly acquitted all the accused of the charges leveled against them. An appeal was thereafter filed in the High Court by the State of Haryana against the acquittal of 5 of the accused, that is Daulat Ram, Prem Singh, Ballu, Radhey Shyam and Vishwa Bandhu. The High Court has, vide its judgment under challenge before us, confirmed the acquittal of Daulat Ram, Ballu @ Vijender and Radhey Shyam accused and dismissed the appeal but has set aside the judgment qua Prem Singh and Vishwa Bandhu and they have been convicted and sentenced to life imprisonment for the offence under Section 302/34 etc. The present appeal has been filed by Prem Singh alone.