Judgment

N. P. SINGH, J.:- Special leave granted in S.L.P. (Cr1.) No. 293 of 1993.

2. This appeal is on behalf of the State of Haryana for setting aside the judgment of the High Court, acquitting the accused-respondent Manoj Kumar, who had been convicted under Section 302 of the Penal Code and sentenced to undergo rigorous imprisonment for life, by the Sessions Judge, Rohtak.

3. The case of the prosecution is that on June 22, 1988. at about 7.00 p.m. Rohan (PW-14) and Chetan (deceased), the two sons of the informant, Col. Ajit Singh Saharan (PW-13), started for Rohtak, from the residence of the informant at New Delhi, on a motorcycle bearing No. HYU-5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green Road, Rohtak. They stopped at Bahadurgarh on the way at about 7.45 p.m. at a shop for refreshment. A Maruti Car bearing No. HYU-9808 was parked and the two sons of the informant parked their motorcycle in front of the said car. In the meantime, the accused Manoj Kumar came and sat in his car aforesaid. But due to cycles and motorcycle aforesaid parked there, he could not take out his Maruti car and he started blowing the horn of his car continuously. He a