JUDGMENT :

Aravind Kumar, J.

1. This appeal by special leave arises out of judgment and order dated 23.07.2009 passed in Criminal Appeal No.593-DB of 2000 by the High Court of Punjab & Haryana. The High Court has upheld the order of conviction and sentence, as against Darshan Singh (the appellant) and has allowed the appeal of Rani Kaur (Accused No. 2), thereby acquitting her of all charges. The State of Punjab has not challenged the acquittal of Rani Kaur by filing any special leave petition. It is in this background that Darshan Singh had sought special leave to appeal before us and leave came to be granted by order dated 22.01.2010.

Case of the Prosecution:

2. The facts can be summed up in brief as follows:

The deceased, Amrik Kaur was married to Darshan Singh, the appellant, some time in 1988. The marriage was arranged through Melo Kaur (PW-3), the cousin sister of the deceased. The prosecution alleges that their marital relationship was strained owing largely to the fact that Darshan Singh had developed an illicit partnership with Rani Kaur (A2). Several relatives had prevailed on the appellant to put an end to his relationship with Rani Kaur, but to no avail. The illicit relation