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1976 Supreme(SC) 110

N.L.UNTWALIA, R.S.SARKARIA
Chatar Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates:
H.S.MARVAH, R.L.Kohli, R.N.SACH

JUDGMENT

UNTWALIA, J.:—The two appellants in this appeal filed under Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 were acquitted by the Sessions Judge of Hissar but have been convicted by the High Court of Punjab and Haryana for causing the murder of one Amar Singh and for attempting to murder Darya Singh, P.W. 5 and Balbir Singh, P.W. 6. Each of the appellants has been sentenced to undergo imprisonment for life for the charge under Section 302 of the Indian Penal Code; in the case of appellant Chatar Singh with the aid of Section 34. Each has been given a concurrent sentence of 5 years rigorous imprisonment for the attempted murder under Section 307, in the case of Dayanand read with Section 34.

2. The facts lie in a narrow compass. The Sessions Judge gave several reasons in support of his finding that the appellants guilt and complicity in the occurrence were not proved beyond doubt. Keeping in view the well-established principles of law to justify the High Courts interference with an order of acquittal the High Court has discussed and referred to almost all the reasons given by the Trial Court and finding its judgment unsustainable it has upset i















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