S. RAVINDRA BHAT, DIPANKAR DATTA
Uggarsain – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
(S. Ravindra Bhat, J.)
1. These appeals, by special leave, arise from the judgment and orders, [Dated 27.08.2019 and 03.09.2019] passed by the High Court of Punjab and Haryana, [In Criminal Appeal bearing No. 249 DB of 2016], converting the decision of conviction given by the trial court from Section 302 of the Indian Penal Code, 1860 (hereafter “IPC”) to Section 304-Part II IPC. These appeals have been preferred by the informant/complainant.
2. The prosecution alleged that on the eve of Holika Dahan, i.e., 07.03.2012, Krishan (A-1) abused Subhash (the deceased). On the next day, Brahmjit, son of Krishan (A6), inflicted danda blows upon Subhash at about 10.00/11.00 AM. Due to this, at about 3.00 PM, when Pawan, Uggarsain and Subhash (deceased) were sitting in front of their house, Brahmjit came near their house and started abusing them, which aggravated the situation. Thereafter, all the accused, namely Raju, son of Krishan (A2), Krishan, Parveen (A3), Sunder- son of Amit (A4), Sunder-son of Rajpal (A8), Nar Singh (A-7), Sandeep (A-5) and others reached the spot, with weapons. Raju inflicted blow on the right shoulder of Sita Ram (PW1). Krishan inflicted a blow at the ba
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