Judgement

KHANNA, J.:- Pargat Sinha (31) of village Taraori was convicted by learned Sessions Judge Karnal under Section 302 Indian Penal Code and was sentenced to death. Gurdial Sinha (35) of village Ramana was also tried along with Pargat Sinha and was convicted under Section 302 read with Sec.34 Indian Penal code. He too was sentenced to death. On appeal and reference the Punjab and Haryana High Court set aside the conviction of both the accused and acquitted them. The State of Haryana has filed these appeals against the acquittal of the two accused by special leave.

2. The prosecution also filed charge sheet against Gurdial Singh of village Taraori, a brother of Pargat Singh accused, but as he was found to be insane, the committing magistrate directed that his case be separated and a separate challan be filed against him. The said Gurdial Singh of village Taraori was, in the meanwhile, directed to be sent to the hospital for his treatment.

3. The prosecution case is that Avtar Kaur (PW 3) was married about 33 years ago to Gurinder Singh of village Shamgarh. Gurinder Singh was one of the biggest landlords of Karnal district and belonged to a family of Chiefs. About four years after