JUDGMENT :

(Abhay S. Oka, J.)

1. Heard the learned counsel appearing for the parties.

2. This appeal against the acquittal takes exception to the judgment dated 3rd April, 2013 of the High Court of Punjab and Harayna by which the High Court by setting aside the order of conviction of the respondent, proceeded to acquit the respondent. The conviction of the respondent was for the offence punishable under Section 302 of the Indian Penal Code.

3. The incident happened late in the night on 22nd December, 1998. The prosecution has relied upon the testimony of PW-7 Balwinder Singh who claims to be an eye witness and whose statement was recorded in the afternoon of 23rd December, 1998. Another piece of evidence which is relied upon by the prosecution is alleged extra judicial confession made by the respondent-accused before PW-8 Sikandar Singh. The High Court after examination of evidence of both the witnesses has disbelieved their version by recording detailed reasons.

4. As we are called upon to decide whether the view taken by the High Court is a possible view based on evidence, we have perused the evidence of both the prosecution witnesses and in addition, testimonies of PW 9 and PW-12 wh