Judgment

B.P. Singh, J.—The sole appellant before us Balwan Singh has been sentenced to undergo life imprisonment under Section 302 IPC and to six months imprisonment under Section 323/34 IPC by judgment and order of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 314-D of 1997 dated 20th August, 1998. The appellant A-1 along with Jai Singh A-2, Inder Singh A3 and Rakesh A-4 were put up for trial. The Sessions Judge, Sonepat by judgment and order dated 21/22 March, 1997 acquitted A4 Rakesh but found remaining accused guilty of the offences under Sections 302/34 and 323/34 IPC. The High Court in appeal affirmed the conviction of the appellant herein under Sections 302 and 323/34 IPC but acquitted A2 and A3 of the charge under Section 302/34 IPC and convicted them instead under Section 323 IPC for causing simple injuries to some of the witnesses. A2 was sentenced to undergo rigorous imprisonment for six months and A3 was released on probation. Therefore, the said A2 and A3 have not preferred appeals before this Court. A special leave petition has been preferred by the State of Haryana against the acquittal of A2 and A3 of the charges under Section 302/34 IPC.

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